Withers v General Theatre Corporation Ltd
| Jurisdiction | England & Wales |
| Date | 1933 |
| Year | 1933 |
| Court | Court of Appeal |
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52 cases
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Malik and Mahmud v Bank of Credit and Commerce International SA
...breach of the implied term, with particular reference to the decisions in Addis v. Gramophone Co. Ltd. [1909] A.C. 488 and Withers v. General Theatre Corporation Ltd. [1933] 2 K.B. 9 A dishonest and corrupt business 10These questions are best approached by focusing first on the particular ......
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Malik and Mahmud v Bank of Credit and Commerce International SA
...of debt were rightly rejected and I would dismiss this appeal. LORD JUSTICE ALDOUS 52 I agree. LORD JUSTICE GLIDEWELLWithers v General Theatre Corporation (1933) 2 K.B.537; British Guiana Credit Corporation v De Silva (1965) 1 W.L.R.248; O'Laoire v Jackel (No.2) (1991) I.C.R. 718; Herbert C......
- Mohamed Ali v Guyana Teachers' Union
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Mr Amjad Rihan v Ernst & Young Global Ltd
...discussion of previous authority the House decided not to follow (viz. Addis v. Gramophone Co Ltd [1909] AC 488; Withers v. General Theatre Corporation Ltd [1933] 2 KB 536). Lord Steyn considered these cases and concluded at 51F-G that: “the Court of Appeal [in Withers] held that the plaint......
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1 firm's commentaries
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Ontario Court Of Appeal Affirms The 'Minimum Performance Principle' In Calculating Damages For Breach Of Contract
...to the promisor's minimum or least extensive performance". Citing the English Court of Appeal in Withers v. General Theatre Corp., [1933] 2 K.B. 536, the Court explained the minimum performance principle as ...If a vendor agreed to sell a purchaser 800 to 1200 tons of a certain commodity bu......
5 books & journal articles
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Damages
...of the presumption thus has the effect of precluding the plaintiff from recovering an amount that would place the plaintiff in 51 [1933] 2 KB 536 (CA). 52 Hamilton , above note 47. 53 Ibid at 200, Arbour J. THE L AW OF CONTR ACTS 984 the position he or she would have been in if the contract......
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Hire purchase and consumer protection adjudication in caricom courts
...under the provisions hereof, the hirer shall pay to the owners 85 (1964) 7 W.I.R. 98. 86 Withers v. General Theater Corporation Ltd. [1933] 2 K.B. 536. 87 See Robinson v. Robinson (1851) 1 De G. M. & G. 247, 252 per Lord Cranworth, L.C. See also Cockburn v. Alexander (1848) 6 C.B. 791. by w......
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A RIGHT TO CHOOSE: A CRITICAL REVIEW AND DEFENCE OF THE MINIMUM PERFORMANCE PRINCIPLE.
...3 All ER 683 (CA) [Lavarack]. (7) Hamilton v Open Window Bakery Ltd, 2004 SCC 9 [Open Window SCC]. (8) Withers v General Theatre Corp, [1933] 2 KB 536, [1933] All ER Rep 385 (CA) (9) Re Thornett & Fehr and Yuills, Ltd, [1921] 1 KB 219 at 221, 51 Ll LR 47. (10) Phoebus D Kyprianou Coy v ......
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Callow in More Ways Than One: The Supreme Court Causes More Confusion in Contract.
...term that could be truncated with notice entirely at the discretion of the defendant." See also Withers v General Theatre Corp, Ltd, [1933] 2 KB 536 at 548-49, [1933] All ER Rep 385 (CA) [Withers], Scrutton LJ: "[n]ow where a defendant has alternative ways of performing a contract at his op......
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