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18 Cards in this Set
- Front
- Back
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Cutter v Powell
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Cutter - employed to sail from Jamaica to Liverpool. Paid only when arrived at Liverpool - Cutter - died before arrival. - Frustrated the contract.Widow brought an action - failed. Cutter failed to perform his services. Cutter wasn't entitled to make any claim for work done prior to the terminationof the contract on his death.
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Charles Rickards Ltd v Oppenheim
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Denning: whether or not a buyer had waived a term in the contract to the time of delivery: Whether it be called waiver or forebearance on his part, or an agreed variation or substituted performance, does not matter. It is a kind of estoppel. By his conduct he made a promise not to insist on his strict legal rights. That promise was intended to be binding, intended to be acted on, and was, in fact, acted on... It is a particular application of the principle which I endeavoured to state in Central London Property Trust Ltd v High Trees House Ltd.
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White and Carier (Councils) Ltd v McGregor
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Clea Shipping Corporation v Bulk Oil International Ltd (the Alaskan Trader)
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Plaintiffs hired a vessel- broke down. Defendants repaired it for several months - PS said that they had no further use of the vessel - sought to recover the hire paid for the period after the breakdown - successfully.
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Hochster v De La Tour 1853
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D - agreement to employ plaintiff as his courier for 3 months.Commencement date 1 June. In May D said - service no longer needed. 22 May - P-f - action fr damages. Succeded.
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Avery v Bowden
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Paradine v Jane
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tenant of a farm ws dispossessed for 2 years coz of King's enemies. Calimed - nt liable 2 pay rent. Held - liable-he had assumed an obligation 2 pay the rent and he ws bound 2 make that obligation good.
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Taylor v Caldwell
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Condor v The Barron Knights Ltd
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Krell v Henry
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Herne Bay Steamboat Co v Hutton
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Joseph Constantine SS Ltd v Imperial Smelling Corp
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National Carriers Ltd v Panalpina (Northern) Ltd
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J Lauritzen AS v Wijsmuller BV (The Super Servant Two)
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Walton Harvey Ltd v Walker & Homfrays Ltd
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Davis Contractors Ltd v Fareham UDC
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Chandler v Webster
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Main provisions of thr Law Reform (Frustrated Contracts) Act 1943
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a) s. 1(2) Money paid is recoverable (Fibrosa)
b) s 1(2) Money paid ceases to be payable c) A party who has incurred expenses may be awarded his expenses up to the limit of sums paid or payable before the frustrating event. - Discretionary - Gamerco d) s 1(3) A party who has gained a valuable benefit from the contract before the frustrating event may be required to pay for the benefit on a quantum merit. |
