Contracts Law in UK Law
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Houldsworth v City of Glasgow Bank
Action of damages for the fraud against the company. Rescission of the contract. Fraudulent misrepresentations. House of lords... ... for damages by its public officer down to the time of registration, that liability would not have been among the ‘debts, obligations, and contracts’ transferred by the Act 20 and 21 Vict, cap. 49, sec. 8, to the registered company. Lord Cranworth was, I think, too good a lawyer and too accurate ... ...
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Aberdeen City Council v McNeill
Employment appeal tribunal. Breach of contract. Trust and confidence... ... Such a term was explained in Malik v BCCI , [1998] AC 20, to be an incident implied by law into all employment contracts. It is thus sometimes described as the " Malik term", and is a reciprocal obligation that both employer and employee must not: "without reasonable ... ...
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Euro Securities & Finance Ltd v Mr Stephen Barrett
Estoppel issue. Limitation period. Attestation clause. Presence of a witness. Balance of probabilities... ... Neither is it addressed explicitly in ‘Formation and Variation of Contracts’ (2018) by Prof. Cartwright at p.7–11. But in a footnote, he mentioned comments of Geraldine Andrews QC (then co-author of Law on Guarantees and ... ...
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Barton and Others v Morris and another in place of Gwyn–Jones (Deceased)
Claim in unjust enrichment. Quantum meruit. Express terms. Reasonable remuneration. Estate agent. Sale price... ... In December 2012, a company with which Mr Barton had strong links exchanged contracts for the purchase of Nash House for £6.3 million. The purchaser failed to complete despite having paid substantial sums to Foxpace in exchange for ... ...
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Agps Bondco Plc
Rights of the creditors in the insolvency proceedings. Proceeds of sale in the same order of priority as the security enforcement waterfall. Joint representative. Future valuations. Event of default... ... BGB, §305 defines standard business terms as “all contract terms pre-formulated for more than two contracts which one party to the contract (the user) presents to the other party upon the entering into of the contract”. BGB, §307 then provides as ... ...
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Sara & Hossein Asset Holdings Ltd v Blacks Outdoor Retail Ltd
Landlord of conclusive certification powers. Tenant of the total costs. Service charge... ... Those cases concerned different contracts and contexts and are of little assistance in determining the correct interpretation of the wording of these particular leases ... 46 I ... ...
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Commission Recovery Ltd v Marks & Clerk LLP
Breach of fiduciary duty. Representative action. Secret commission. Particulars of claim. Members of the class. Present case... ... And this information will be available to the Defendants and not simply from the clients ... 58 The dates of the contracts with the First Defendant and with CPA will differ, and amounts paid by and to CPA may differ, but these points do not affect suitability for ... ...
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Republic of Mozambique (acting through its Attorney General) v Privinvest Shipbuilding SAL (Holding) and Others
Stay of legal proceedings for the determination by an arbitral tribunal of a dispute about the quantification of damages. Arbitration agreement. Breach of fiduciary duty. Supply contracts... ... by the Republic, borrowed money from London-based banks apparently to finance the purchase of equipment and services under three supply contracts with the sixth to eighth defendants (“the Privinvest supply companies”) in connection with the Republic's development of its Exclusive Economic ... ...
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Changtel Solutions UK Ltd ((in Liquidation)) v G4S Secure Solutions (UK) Ltd
Benefit of the general body of unsecured creditors. Retrospective application case. Change of position defence. Validation order. Change of position... ... 43 The Australian analysis of this issue was however rejected by Blackburne J in Hollicourt (Contracts) Ltd v Bank of Ireland [2000] 1 WLR 895 at 903, where he said: ‘The debiting to the customer's account of the amount of his cheque on ... ...
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Avanti Communications Ltd ((in Administration))
Property right. Disposal of satellite capacity. Second prevention of all dealings except collection. Fixed charge... ... equipment, furnishings and vehicles and other chattels together with any spare parts, replacements or modifications and the benefit of all contracts, licences and warranties relating thereto and HYLAS 1, HYLAS 3 and Artemis (as well as HYLAS 4 once acquired) and associated equipment including all ... ...
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