Cases: Contract Law

Stephenson [1979] QB 695

D, with schizophrenia, purposefully lit a fire which eventually caused criminal damage. Held: Crown Court – guilty of an offence, direction to the jury was that if the risk was obvious. Court of Appeal: The test is purely subjective, it was a misdirection to question the obviousness of the risk, only question is whether D…

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Commission for the New Towns v Cooper Ltd [1995] 2 WLR 677

In 1986, the C’s predecessor had entered into the agreement by deed with Edison-Halo Ltd. One of these deeds required to take an assignment of the underlease without penalty if Edison gave notice of termination on the fifth anniversary of the deed (the ‘put option’). By 1990, the D wanted to submit the underlease, but…

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Daventry District Council v Daventry and District Housing Ltd [2011] EWCA Civ 1153

DDC negotiated for the transfer of hosing stock and staff to DDH. The initial non-binding prior accord provided for DDH to cover the cost of the deficit in the pension fund of the staff who were transferred. However, final agreement contained a term which provided that the council DDC covers the deficit without them informing…

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Joscelyne v Nissen [1970] 2 QB 86

A father and daughter agreed that the daughter would purchase the father’s business and would, in return, pay all the expenses of the father’s home, including the gas, electricity and coal bills. The formal contract was signed but document did not say anything about the daughter’s promise to pay bills. There was no prior contract…

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Arnold v Britton [2015] UKSC 36

The natural meaning of a service charge cause in a long-lease of a holiday chalet was that the charge was £90 in the first year, rising by 10 per cent per annum thereafter. The fact that, after a number of years, the charge would significantly exceed the cost of providing the services was no reason…

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