Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
6 Cards in this Set
- Front
- Back
|
Agency may arise from:
|
- actual authority, ie by appointment or
- ostensible/apparent authority |
|
|
Agency by estoppel arises when:
|
- principal at some stage represented A as agent by words or conduct
- third party has relied on this representation - third party has altered his position |
|
|
A third party may enforce a contract term if:
|
- the contract expressly provides that he may, or
- the contract purports to confer a benefit (unless it appears parties did not intend third party to enforce |
|
|
Definition of promissory estoppel
|
Where a party has promised by words or conduct to waive a legal right, once the other party has acted upon that promise he will have a good defence in any action brought to enforce the waived promise. Does not require consideration
|
|
|
Problem caused between Foakes v Beer and High Trees House case
|
For part-payment of one-off debt, High Trees kinda contradicts Foakes v Beer – which is House of Lords… erk. If creditors right gets permanently extinguished rather than suspended, what happens to Foakes v Beer?
|
|
|
What is Re Selectmove?
|
Re Selectmove tried to extend Williams v Roffey Bros to cover part payment of debts, but the Court of Appeal felt constrained by HL in Foakes v Beer.
So the Williams v Roffey Bros is confined to cases where more money is paid for an existing duty. |
