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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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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Meng Leong Development Pte. Ltd v Jip Hong Trading Company Pte. Ltd
Order for damages. Right to appeal. Specific performance. Contract of purchase
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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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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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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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A & v Building Solutions Ltd v J & B Hopkins Ltd
Interim payment application. Interpreting a contract. Adjudicator's decision. Valuation date... ... 46 There are two canons of construction, as summarised in Chapter 7 of The Interpretation of Contracts (7 th edition) by Sir Kim Lewison, which are potentially relevant to the dispute between the parties. The first is that, when interpreting a ... ...
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Lorraine Heather O'Grady (widow and executrix of the Estate of Martin James O'Brien v B15 Group Ltd (formerly Brighthouse Group Ltd)
Doctrine of mistake. Interpretation of offers. Common law principles. Issue of liability. Costs regime. Objective test... ... As described in Chitty on Contracts , 34th Ed, (Vol 1) at 5–022: “A mistake as to the terms of the contract, if known to the other party, may affect the ... ...
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GLOBAL RESOURCES GROUP Ltd v ALEX MACKAY Defender
Breach of contract. Law delict. General tort of interference with contractual rights... ... then, as the Lord President (Cooper) pointed out (at p.599), Scots law had reported instances of the delict only in the field of employment contracts and of a promise to marry (viz. Findlay v Blaycock). In accepting that there was a wider rule, the Lord President looked to the reasoning of Roxburgh ... ...
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