In our problem Idyllic Hotels agreed to pay, Budget Builders an additional amount £125,000 for completion of the work in time since the latter was beset with financial difficulties. According, to the doctrine of promissory estoppel, Idyllic Hotels cannot deny the extra payment…
Similarly, in CTN Cash and Carry Ltd v. Gallaher Ltd, the court ruled that the practical benefit accruing to the promisor constituted consideration for the additional payment.2 Moreover, in the Central London Property Trust Ltd V. High Trees House Ltd, The tenants relied upon the principle of estoppel against the landlord and prevented him from enhancing the rent.3
Furthermore, in Tool Metal Manufacturing Co Ltd v. Tungsten Electric Co Ltd, the Law Lords ruled that the promise was binding during the period of suspension, and that after furnishing reasonable notice, the owners could receive the compensation payments.4
In our case, the Idyllic Hotels Limited stood to realise a considerable profit, if the work were to be completed in time. At the same time, if there was any delay in the construction, the room bookings would have been cancelled, leading to considerable loss to Idyllic Hotels Limited. This practical benefit constitutes the consideration for extra payment.
Exclusion clauses fall under the purview of the Unfair Contract Terms Act 1977 and the Unfair Terms of the Consumer Contract Regulations 1999. The Unfair Contract Terms Act 1977 renders businesses liable for violation or circumvention of statutory obligations, in the normal course of business.
In Thornton v. Shoe Lane Parking the court held that the exclusion clause was not applicable, since the exemption clause had not been included in the contract. Hence, the company was held liable for the personal injury caused due to its negligence.5
In Hollier v Rambler Motors (AMC) Ltd, the latter’s attempt to evade liability by resorting to an exclusion clause was disallowed by the Court of Appeal, which held that the defendants were liable for any damage caused by fire, due to their negligence.6
The Vitus Equipment Hire Ltd had provided a defective ladder to Urban. The outcome ...
Cite this document
(“Law Essay Example | Topics and Well Written Essays - 750 words - 3”, n.d.)
Retrieved from https://studentshare.net/miscellaneous/399479-law
(Law Essay Example | Topics and Well Written Essays - 750 Words - 3)
“Law Essay Example | Topics and Well Written Essays - 750 Words - 3”, n.d. https://studentshare.net/miscellaneous/399479-law.
Trademarks and service marks are words, names, symbols, or devices used by manufacturers of goods and providers of services to identify their goods and services, and to distinguish their goods and services from goods manufactured and sold by others (Radcliffe and Brinson, n.d.).
Secondly, the study seeks to find out whether legal origin and shareholder protection are associated in any way, and whether countries with the common law origin show signs of robust development of the stock market, compared with countries that mainly apply civil law.
I conducted further research on the Incorporated Council of law reporting for England and Wales only to find that it has been in existence since 1865 and prove to be an authority on both law and its accurate reporting. The fact that the Council operated as a charity served to further convince me of its dedication to accurate reporting and its commitment to do with no consideration for financial gain.
(Melone and Kames, 63) The proscribed form for lodging these disputes was by way of a writ which set out specific claims and remedies. (Melone and Kames, 63)
The Royal courts were divided into three common law courts. They were the
Secondly, all citizens, regardless of rank and file, are equally accountable to the laws, as administered in the courts. Thirdly, constitutional laws do not provide the source of the rule of law but is the consequences of the
w” has an evolving history starting from the local traditions of the Anglo-Saxons times in the fifth century and culminating in the modern approaches where continental laws are gaining importance. The main sources of English Law are as follows:
In 1215, the King Council’s
When a case is decided by a judge then his decision and the basis of the case becomes a precedent which other courts follow while deciding a case which is similar in nature. The systems of rules of Common law is dependent more on