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Browse \ Tags \ Contract Law

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Ivey v Genting Casinos Pt I: Card Counting and Dishonest Gambling

A gambler's attempts to boost his chances of winning big at a casino seem an unlikely basis for a landmark decision. But in the first of a two part series, Connor Griffith examines how the Supreme Court's ruling in such a case could have major ramifications for the criminal law.

12:00, 21st November 2017
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The Reasonableness of the UCTA 1977’s Test of Reasonableness

The test of reasonableness in the UCTA 1977 has been criticised for its potential to create certainty and undermine the fundamental doctrine of freedom of contract. However, these criticisms overlook the judicial and legislative safeguards that have been put in place to counteract such concerns.

12:00, 31st October 2017
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An Expensive Hiccup? Enforcing Drunken Promises in Ashley v Blue

A recent case examined a contract allegedly made by Newcastle United FC chairman Mike Ashley during a night of heavy drinking. It highlights the importance of a fundamental criterion for the creation of a contract - the intention to create legal relations - and how uncertainty can vitiate it.

11:00, 6th October 2017
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Love for Labour Lost? The Taylor Review and the Gig Economy

The Taylor Review's conclusions into modern working practices were controversial, dismissed by some as too weak and others as too invasive. But on closer examination, Taylor seems to have come close to striking the right balance between giving workers protection and maintaining market flexibility.

11:00, 12th September 2017
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MWB v Rock: Consideration and Promissory Estoppel on the Move

The law surrounding the doctrine of consideration has been in a state of confusion for many years. When the Court of Appeal sought to rectify this last year, mixed results followed. So when the Supreme Court comes to examine the situation, what have they got to resolve and how should they do it?

11:00, 8th September 2017
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A Problem of Perpetuity: Reconsidering White & Carter and Repudiatory Breaches

Upon a repudiatory breach, the 'innocent' party to a contract can decide whether or not the contract should be terminated. But this right is subject to limitations, one of which is highly controversial. Fortunately, the Supreme Court will soon have the opportunity to resolve this complex debate.

11:00, 22nd August 2017
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Frustration: A New Approach for the 21st Century?

Since its creation in the mid-19th century, the courts have struggled to articulate a satisfactory justification for the doctrine of frustration. However, it appears that the 21st century - via an important judgment from the Court of Appeal - might have provided the long-awaited answer.

11:00, 25th July 2017
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Unexpected Item in the Sacking Area? Summary Dismissal in Adesokan v Sainsbury’s

The right of employees to claim for wrongful dismissal is an important limit on the managerial prerogative of employers to run their business how they please. However, as examined in a case from earlier this year, this right is of limited scope and the extent of its application is hotly contested.

11:00, 7th April 2017
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Authoritative Guidance or ‘Inspired Discussion’? Lord Hoffman on Implied Terms

It is over a year since Lord Hoffmann's controversial approach to implied terms was overruled by the Supreme Court. The law, having been reverted back to its prior state, is generally considered more satisfactory now. But why?

11:00, 28th March 2017
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The Case for Good Faith in English Contract Law

English contract law rests on the assumption that parties are free to contract as they please. This assumption has been qualified by the imposition of ‘implied terms’, one of which is the requirement of good faith. What is good faith, when does it apply and should the implied term be extended?

12:00, 1st March 2016
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Penalty Clauses: A Fresh Approach

The penalty rule has for a long time taken a stern approach as to whether or not contractual provisions requiring a particular sum to be paid upon breach are enforceable. After 100 years, the status quo has been broken by the Supreme Court, introducing a fresh, more flexible, approach.

12:00, 16th February 2016
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A 21st Century ‘Postal Rule’: Can Contract Law Deliver?

Instant communication services are taking over as the primary means by which people communicate. Contractual negotiations are – like many other interactions – being increasingly conducted online or over the phone, and the postal service is being consequently neglected. Does it still make sense?

12:00, 1st February 2016
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Weathering Rough Waters: Navigating the Concept of Unsafe Ports

The question of port safety is historically one which has warranted extensive legal analysis. In modern times, most charterparties will include an express 'safe port warranty', requiring the charterer to nominate only safe ports. However, when can a port be considered unsafe under such a warranty?

12:00, 4th December 2015
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Unproductible! Losing Clarity In The Law of Product Liability

A recent European Union case has the potential to greatly increase producers' liability for defective products by awarding damages without it being proven that the actual product was defective. Instead, it only had to be shown the production series had a significantly increased risk of failure.

12:00, 4th November 2015
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