Contractual Capacity in UK Law

  • Radmacher (formerly Granatino) v Granatino
    • Supreme Court
    • 20 Outubro 2010
    ... ... Most jurisdictions accord contractual status to such agreements and hold the parties to them, subject in some ... to the following matters: "(a) the income, earning capacity, property and other financial resources which each of the parties to the ... ...
  • Crédit Suisse v Allerdale Borough Council
    • Court of Appeal (Civil Division)
    • 08 Maio 1996
    ... ... As I am of the opinion that the scheme was beyond the capacity of the council and was adopted for improper reasons this argument is in ... It is a straightforward contractual document. It guarantees the indebtedness of a company incorporated under ... ...
  • Hely-Hutchinson v Brayhead Ltd
    • Court of Appeal (Civil Division)
    • 22 Junho 1967
  • ARBUTHNOTT and Others v FAGAN and FELTRIM UNDERWRITING AGENCIES Ltd and Others and Two Other Actions (1st Appeal) ARBUTHNOTT and Others v FAGAN and FELTRIM UNDERWRITING AGENCIES Ltd and Others and Two
    • House of Lords
    • 25 Julho 1994
    ... ... between the Name and the combined agent acting in its capacity of managing agent. In such a case the Name was known as a direct Name. If ... result that the ruling of the Court of Appeal that they owed a contractual duty to direct Names, and a duty of care in tort to indirect Names, will ... ...
  • Beswick v Beswick
    • Court of Appeal
    • 22 Junho 1966
    ... ... She sued in the capacity of administratrix of the estate of Peter Beswiok, deceased, and in her ... Here we have a case where there is admittedly no trust of the contractual right. Peter Beswick and his nephew might by agreement before his death ... ...
  • Caparo Industries Plc v Dickman
    • House of Lords
    • 08 Fevereiro 1990
    ... ... common law does not recognise a person whose only rights are a contractual right to have the use or services of the chattel for purposes of making ... is confided to a board of directors which operates in a fiduciary capacity and is answerable to and removable by the shareholders who can act, if ... ...
  • Maclaine Watson & Company Ltd v International Tin Council
    • House of Lords
    • 26 Outubro 1989
    ... ... It shall in particular have the capacity to contract, to acquire and dispose of moveable and immoveable property ... for submission to arbitration of disputes arising from non-contractual responsibilities and article 23 is in the following terms: ... ...
  • Patel v Mirza
    • Supreme Court
    • 20 Julho 2016
    ... ... the effect that unlawful performance has on the parties' contractual rights as very unclear. (Consultative Report on the Illegality Defence, ... It has a greater inherent flexibility and capacity to develop independently of legislation than codified systems do. But ... ...
  • White and Another v Jones and Another
    • House of Lords
    • 16 Fevereiro 1995
    ... ... 4 The contractual duty which Mr. Jones owed to the testator was to secure that his ... the Bill into your Lordships' House (acting in its legislative capacity) on behalf of the Law Commission. The solution adopted by the Act was to ... ...
  • Hart v O'Connor
    • Privy Council
    • 1983
    ... ... to sell farm land to defendant - Vendor lacking mental capacity - Defendant having no knowledge of vendor's infirmity - Whether contract ... found that unknown to the defendant the vendor did not have contractual capacity and since the vendor had not received adequate advice and the ... ...
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