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DISCHARGE OF A CONTRACT
INTRODUCTION When a contract is discharged, the parties to the agreement are freed from their contractual obligations. A contract i...
Mediation
Mediation is the process whereby a third party acts as the conduit through which two disputing parties communicate and negotiate, in an...
Does the exclusion clause effectively cover the breach?
As a consequence of the disfavour with which the judiciary have looked on exclusion clauses, a number of rules of construction have been de...
Liquidated damages and penalties
It is possible, and common in business contracts, for the parties to an agreement to make provisions for possible breach by stating in ...
Powers of magistrates’ courts
Magistrates’ courts have considerable power. In relation to criminal law, they are empowered to try summary cases, that is, cases which...
Has the exclusion clause been incorporated into the contract?
An exclusion clause cannot be effective unless it is actually a term of a contract. There are three ways in which such a term may be insert...
What effect does the Unfair Contract Terms Act 1977 have on the exclusion clause?
This Act represents the statutory attempt to control exclusion clauses. In spite of its title, it is really aimed at unfair exemption claus...
Quantum meruit
The term quantum meruit means that a party should be awarded as much as he had earned, and such an award can be either contractual or q...
The Leggatt Review of Tribunals
The obviously apparent proliferation of tribunals operating under a variety of powers gave rise to the perceived need to investigate th...
The Unfair Terms in Consumer Contracts Regulations
The first Unfair Terms in Consumer Contracts Regulations were enacted in December 1994 They were introduced to implement the Europe...
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Advantages of the use of delegated legislation
Aids to construction
CATEGORIES OF LAW
Private law and public law
The legislative process
THE NATURE OF LAW
Blog Archive
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2013
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November
(47)
Satisfactory quality
Seller’s implied obligations
The price of the goods
SALE AND SUPPLY OF GOODS
Quantum meruit
Liquidated damages and penalties
Remoteness of damage
Law Reform (Frustrated Contracts) Act 1943
DISCHARGE OF A CONTRACT
Illegal contracts
The statement must actually induce the contract
There must be a false statement of fact
Mistake in respect of documents
Unilateral mistake
Mutual mistake
VITIATING FACTORS
The Unfair Terms in Consumer Contracts Regulations
What effect does the Unfair Contract Terms Act 197...
Does the exclusion clause effectively cover the br...
Has the exclusion clause been incorporated into th...
Terms implied by statute
Letters of comfort
Domestic and social agreements
Forbearance
Knowledge of the offer
THE FORMATION OF A CONTRACT
THE LEGAL EFFECT OF AGREEMENT
DEFINITION
Mediation
Child Support Agency
Procedure
OMBUDSMAN
The Leggatt Review of Tribunals
Advantages of tribunals
Tribunals and courts
Arbitration under codes of conduct
Evaluation
Relationship to ordinary courts
THE CRIMINAL AND CIVIL COURTS
The Family Divisional Court
Pre-action protocols
HOUSE OF LORDS
THE CROWN COURT
Powers of magistrates’ courts
THE CRIMINAL AND CIVIL COURTS
LAW AND LEGAL SOURCES
CUSTOM
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October
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