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Normile v. Miller

Professor Melissa A. Hale

CaseCast ™ – "What you need to know"

Brief Fact Summary.

Synopsis of rule of law., discussion..

Create New Group

Contract Law

Contract-wrapped property.

Danielle D’Onfro

Uber Technologies Inc. v. Heller

Supreme Court of Canada Targets Standard Form Contracts.

Williams v. Medley Opportunity Fund II, LP

Third Circuit Rules that Tribal Payday Lenders Cannot Compel Arbitration.

Doe v. University of the Sciences

Third Circuit Holds Pennsylvania Law Guarantees a “Real, Live, and Adversarial Hearing.

Zuckerman v. Metropolitan Museum of Art

Second Circuit Holds that the Holocaust Expropriated Art Recovery Act of 2016 Does Not Preclude Application of Laches Defenses to Nazi-Looted Art Recovery Claims.

Revealing Secrecy Tools

Mark Fenster

Pseudo-Contract and Shared Meaning Analysis

Margaret Jane Radin
Robin Bradley Kar

Heimer v. Companion Life Insurance Co.

Sixth Circuit Invokes Contra Proferentem as Default Rule for Resolving Ambiguous Contract Provisions.

DirecTV, Inc. v. Imburgia

North carolina ass’n of educators, inc. v. state.

Repeal of Tenure Violates Tenured Teachers' Constitutionally Protected Contractual Rights.

IPSA LOQUITUR

Contract Law Case Notes

Contract cases.

This page provides a list of cases cited in our Contract Law Lecture Notes , as well as other cases you might find useful. It also provides links to case-notes and summaries.

Abbey National Bank plc v Stringer
Adams v Lindsell
Addis v Gramophone
AEG (UK) Ltd v Logic Resource Ltd
African Export-Import Bank v Shebah Exploration & Production Company Ltd
Ailsa Craig Fishing Co Ltd v Malvern Fishing Co Ltd
Ajayi v RT Briscoe (Nigeria) Ltd
Alan Auld Associates v Rick Pollard Associates
Albert v MIB
Alder v Moore
Alderslade v Hendon Laundry Ltd
Alfred Dunhill v Sunoptic
Alfred McAlpine Construction Ltd v Panatown Ltd
Ali v Petroleum Company of Trinidad and Tobago
Allcard v Skinner
American Cyanamid Co v Ethicon Ltd
Anglia Television v Reed
Antonio v Antonio
Arbuthnott v Fagan
Arcos Ltd v EA Ronaasen & Son
Arnold v Britton
Ashfaq v International Insurance Co of Hannover
Atlantic Baron, The
Attorney General of Belize v Belize Telecom Ltd
Atlas Express Ltd v Kafco
Attorney General v Blake
Attrill v Dresdner Kleinwort Ltd
Attwood v Small
Avery v Bowden
AXA Sun Life Services Plc v Campbell Martin Ltd
Azimut-Benetti SpA v Healey
Aziz v Ciaxa d’Estalvis de Catalunya I Manresa (C-226/12)
B & S Contracts & Design v Victor Green Publications
Baird Textile Holdings v Marks & Spencer
Baker v Black Sea & Baltic General Insurance Co Ltd
Baker v Jones
Balfour v Balfour
Bank of Australasia v Palmer
Bannerman v White
Barbudev v Eurocom Cable Management
Barclays Bank v Fairclough Building
Barry v Davies
Barton v Armstrong
Bell v Lever bros
Bentsen v Taylor, Sons
Berkeley Community Villages Ltd v Pullen
Beswick v Beswick
Bieber v Teathers Ltd (In Liquidation)
Bisset v Wilkinson
Blackpool and Fylde Aero Club v Blackpool BC
Blue v Ashley
BNY Mellon Corporate Trustee Services Ltd v LBG Capital No 1 Plc
Bolton v Madden
Bolton v Mahadeva
Borrelli v Ting
Boulton v Jones
BP Exploration Co (Libya) Ltd v Hunt (No 2)
BP Refinery (Westernport) Pty Ltd v Shire of Hastings
Bradbury v Morgan
Brikom Investments Ltd v Carr
Brinkibon Ltd v Stahag Stahl GmbH
British Fermentation Products v Compair Reavell
British Steel Corp v Cleveland Bridge and Engineering Co Ltd
British Westinghouse Electric Co Ltd v Underground Electric Railways Co of London Ltd
Britoil plc v Hunt Overseas Oil Inc
Brocklehurst’s Estate , Re
Brogden v Metropolitan Co
BS & N Ltd v Micado Shipping (The Seaflower) (No 1)
Bunge Corporation v Tradax SA
Bunge SA v Nidera BV
Butler Machine Tool v Ex-Cell-O Corporation
BV Nederlandse Industrie Van Eiprodukten v Rembrandt Enterprises
Byrne & Co v Leon Van Tien Hoven & Co
C&P Haulage v Middleton
Cable & Wireless plc v IBM UK
Canada Steamship Lines Ltd v R
Canary Wharf (BP4) T1 Ltd v European Medicines Agency
Car and Universal Finance Co Ltd v Caldwell
Carlill v Carbolic Smoke Ball
Casehub Ltd v Wolf Cola Ltd
Cavendish Square Holding BV v Makdessi
CCC Films v Impact Quadrant Ltd
Central London Property Trust Ltd v High Trees House Ltd
Centrovincial Estates plc v Merchant Investors Assurance Company Ltd
Chandler v Webster
Chapelton v Barry UDC
Chappell v Times Newspapers
Chappell v Nestle
Chartbrook Ltd v Persimmon Homes Ltd
Chudley v Clydesdale Bank Plc
CIBC Mortgages plc v Pitt
Circle Freight International Ltd v Medeast Gulf Exports Ltd
Clarke v Dickson
Clea Shipping v Bulk Oil (The Alaskan Trader) (No 2)
Clef Aquitaine SARL v Laporte Materials (Barrow) Ltd
Clough v London and North Western Railway
Cohen v Roche
Collier v P & MJ Wright (Holdings) Ltd
Collins v Godefroy
Combe v Combe
Commission for New Towns v Cooper (GB) Limited
Co-op insurance v Argyll Stores
Cooper v Phibbs
Couchman v Hill
Couturier v Hastie
Cramaso LLP v Ogilvie-Grant
Credit Lyonnais Bank Nederland NV v Burch
Cremdean Properties Ltd v Nash
Crossley v Faithful & Gould Holdings Ltd
CTI Group Inc v Transclear SA (The Mary Nour)
CTN Cash & Carry Ltd v Gallaher
Cundy v Lindsay
Cunliffe-Owen v Teather & Greenwood
Currie v Misa
Cutter v Powell
D & C Builders v Rees
Dakin & Co Ltd v Lee
Darlington BC v Wiltshier Northern Ltd
Daulia Ltd v Four Millbank Nominees Ltd
Daventry DC v Daventry and District Housing Ltd
Davis Contractors v Fareham UDC
De Wutz v Hendricks
Decro Wall v Practitioners in Marketing
Denne v Light
Derry v Peek
Dick Bentley Productions Ltd v Harold Smith (Motors) Ltd
Dickinson v Dodds
Dimmock v Hallett
Dimskal Shipping Co SA v International Transport Workers Federation
Director General of Fair Trading v First National Bank
Dolphin Maritime & Aviation Services Ltd v Sveriges Angfartygs Assurans Forening
Doyle v Olby
Drew v Daniel
DSND Subsea Ltd v Petroleum Geo Services ASA
Dunlop Pneumatic Tyre Co Ltd v Selfridge Ltd
Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd
Dunnachie v Kingston-upon-Hull City Council
Durham Tees Valley Airport Ltd v Bmibaby Ltd
East v Maurer
Eastwood v Kenyon
Ecay v Godfrey
Edgington v Fitzmaurice
Edwards v Skyways Ltd
Edwinton Commercial Corporation v Tsavliris Russ Ltd (The Sea Angel)
El Awadi v Bank of Credit and Commerce International SA
Emery v UCB Corporate Services
Entores Ltd v Miles Far East Corporation
Errington v Errington Woods
Ertel Bieber v Rio Tinto
Esso Petroleum v Commissioners of Customs & Excise
Esso Petroleum v Mardon
Esso Petroleum Ltd v Niad Ltd
Evia Luck, The
Experience Hendrix LLC v PPX Enterprises Inc
Falcke v Gray
Farley v Skinner
FC Shepherd v Jerrom
Felthouse v Bindley
Fercometal SARL v Mediterranean Shipping Co SA, The Simona
Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour
Financings Ltd v Stimson
First Plus Financial Group v Hewett
First Tower Trustees Ltd v CDS (Superstores International) Ltd
Foakes v Beer
Foley v Classique Coaches
Force India Formula One Team Ltd v Etihad Airways PJSC
Foster v Mackinnon
Frederick Rose Ltd v William Pim Jnr & Co Ltd
Freeth v Burr
Frost v Knight
FSHC Group Holdings Ltd v GLAS Trust Corp
Galoo v Bright Grahame Murray
Gamerco SA v ICM/Fair Warning Agency Ltd
Gebruder Metelmann GmbH & Co v NBR (London) Ltd
Geier v Kujawa, Weston & Warne Bros (Transport) Ltd
General Billposting Co v Atkinson
George Mitchell v Finney Lock Seeds
George Wimpey UK Ltd v VI Components Ltd
Gibbons v Proctor
Gibson v Manchester City Council
Gillespie Bros & Co Ltd v Roy Bowles Transport Ltd
Gillespie Bros & Co v Cheney, Eggar & Co
Glasbrook Bros Ltd v Glamorgan CC
Globalia Business Travel SAU v Fulton Shipping Inc
Golden Strait Corporation v Nippon Yusen Kubishika Kaisha (The Golden Victory)
Goldsworthy v Brickell
Goodchild v Bradbury
Goodlife Foods Ltd v Hall Fire Protection Ltd
Gould v Gould
Government of Zanzibar v British Aerospace Ltd
Grainger & Son v Gough
Gran Gelato Ltd v Richliff (Group) Ltd
Granatino v Radmacher
Grant v Bragg
Great Peace Shipping v Tsavliris International
Greenhouse v Paysafe Financial Services Ltd
Grogan v Robin Meredith Plant Hire
Hadley v Baxendale
Hammond v Osborn
Hannah Blumenthal, The
Hansa Nord, The
Hare v Nicoll
Hardman v Booth
Hartley v Ponsonby
Hartog v Colin & Shields
Harvela v Royal Trust Co of Canada
Harvey v Facey
Hasham v Zenab
Hayward v Zurich Insurance Co Plc
Henry Kendall & Sons v William Lillico & Sons Ltd
Henthorn v Fraser
Heilbut, Symons and Co v Buckleton
Heisler v Anglo-Dal Ltd
Herne Bay Steamboat v Hutton
Heron II, The ( Koufos v Czarnikow Ltd )
Heyman v Darwins
HIH Casualty and General Insurance Ltd v Chase Manhattan Bank
Hill v CA Parsons Ltd
Hirachand Punamchand v Temple
Hirji Mulji v Cheong Yue Steamship Co Ltd
Hochster v De la Tour
Hoenig v Isaacs
Hollier v Rambler Motors (AMC) Ltd
Holwell Securities v Hughes
Hong Kong Fir Shipping v Kawasaki Kisen Kaisha
Horsfall v Thomas
Horton v Horton (No 2)
Hounslow LBC v Twickenham Gardens
Household Fire & Carriage Accident Insurance Co Ltd v Grant
Howard E Perry & Co v British Railways Board
Howard Marine v Ogden
Hughes v Metropolitan Railway Co
Hussey v Eels
Hutton v Warren
Huyton v Peter Cremer
Hyde v Wrench
IFR Ltd v Federal Trade Spa
Iggleden v Fairview Homes
Impact Funding Solutions Ltd v AIG Europe Insurance Ltd
Imperial Land Company of Marseilles, ex parte Harris, Re
Ingram v Little
Interfoto Picture Library v Stiletto Visual Programmes
Investors Compensation Scheme Ltd v West Bromwich Building Society
Isabella Shipowner SA v Shagang Shipping Co Ltd (The Aquafaith)
Islamic Republic of Iran Shipping Lines v. Steamship Mutual Underwriting Association (Bermuda)
J Spurling Ltd v Bradshaw
Jacobs v Batavia and General Plantations Trust
Jackson v Horizon Holidays
Jackson v Royal Bank of Scotland
Jarvis v Swan Tours
John Grimes Partnership Ltd v Gubbins
Johnson v Agnew
Jones v Daniel
Jones v Padavatton
Joscelyne v Nissen
Joseph Constantine SS Co v Imperial Smelting Corporation Ltd
Joseph Travers & Sons Ltd v Cooper
Kings Norton Metal v Edridge, Merrett
Kleinwort Benson (KB) v Malaysia Mining Corporation BHD (MMC BHD)
Kolmar v Traxpo Enterprises
Krell v Henry
L’Estrange v F Graucob Ltd
Laemthong International Lines Co Ltd v Abdullah Mohammed Fahem & Co
Lampleigh v Braithwaite
LauritzenCool AB v Lady Navigation Inc
Law Debenture Trust Corp plc v Elektrim SA
Leaf v International Galleries
Les Affréteurs Réunis Société Anonyme v Leopold Walford (London)
Lewis v Avery
Linden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd
Little v Courage Ltd
Liverpool City Council v Irwin
LJ Korbetis v Transgrain Shipping BV
Lloyds Bank v Bundy
London Export Corporation v Jubilee Coffee Roasting Co Ltd
London Joint Stock Bank Ltd v Macmillan
Lovelock v Franklyn
Lowe v Peers
Luxor (Eastbourne) v Cooper
Mahkutai, The
Malik (Deceased) v Shiekh
Manchester Diocesan Council for Education v Commercial and General Investments Ltd
Maritime National Fish v Ocean Trawlers
Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd
May & Butcher Ltd v The King
McArdle, Re
McCrone v Boots Farm Sales Limited
McCutheon v David MacBrayne Ltd
Merritt v Merritt
Mersey Steel and Iron Co v Naylor Benzon & Co
Mihalis Angelos , The
Milward v Earl Thanet
Mitchell v Homfray
Modahl v British Athletic Federation
Monarch Airlines Ltd v London Luton Airport Ltd
Monarch Steamship, The
Mondial Shipping and Chartering BV v Astarte Shipping Ltd (The Pamela)
Moorcock, The
Morris-Garner v One Step (Support) Ltd
Moschi v Lep Air Services
Mountford v Scott
Moursi v Doherty
MSC Mediterranean Shipping Co v Cottonex Anstalt
Museprime Properties Ltd v Adhill Properties Ltd
MWB Business Exchange Ltd v Rock Advertising Ltd (Court of Appeal)
MWB Business Exchange Ltd v Rock Advertising Ltd (Supreme Court)
Nanfri, The
National Westminster Bank Plc v Amin
National Westminster Bank Plc v Breeds
National Westminster Bank v Morgan
Nehayan v Kent
Newman v Framewood Manor Management Co Ltd
New Zealand Shipping Co Ltd v AM Satterthwaite & Co Ltd (The Eurymedon)
Nicolene v Simmonds
Nisshin Shipping Co Ltd v Cleaves & Co Ltd
Nobahar-Cookson v The Hut Group Ltd
Notcutt v Universal Equipment Co (London) Ltd
Nottingham Building Society v Eurodynamics Systems
O’Sullivan v Management Agency & Music
Office of Fair Trading v Abbey National
Olley v Marlborough Court
Oscar Chess v Williams
Ocean Tramp Tankers Corporation v V/O Sovfracht (The Eugenia)
Overseas Medical Supplies Ltd v Orient Transport Services Ltd
Page One Records v Britton
Pagnan Spa v Feed Products Ltd
Pakistan International Airlines Corp v Times Travel (UK) Ltd
Pao On v Lau Yiu Long
Parfitt v Lawless
Parker v South Eastern Rly Co
ParkingEye Ltd v Beavis
Parkinson v College of Ambulance
Parsons (Livestock) Ltd v Uttley Ingham & Co Ltd
Partridge v Crittenden
Patel v Ali
Payne v Cave
Payzu Ltd v Saunders
Peekay Intermark v Australia & New Zealand Banking Group
Pell Frischmann Engineering Ltd v Bow Valley Iran Ltd
Perry v Sidney Phillips
Persimmon Homes Ltd v Ove Arup and Partners Ltd
Pesticcio v Niersmans
Pharmaceutical Society of Great Britain v Boots
Philips Electronique Grand Publique SA v BSB Ltd
Phillips v Brooks
Photo Production Ltd v Securicor Transport Ltd
Pilkington v Wood
Pinnel’s Case
Pitts v Jones
Pitt v PHH Asset Management Ltd
Powell v Brent LBC
Price v Strange
Quinn v Burch Bros (Builders) Ltd
R&S Pilling (t/a Phoenix Engineering) v UK Insurance Ltd
R v HM Attorney-General for England and Wales
Radford v De Froberville
Raffles v Wichelhaus
Raiffeisen Zentralbank Osterreich AG v Royal Bank of Scotland
Rainy Sky SA v Kookmin Bank
Ramsgate Victoria Hotel v Montefoire
Raphael, The
Raymond Burke Motors Ltd v Mersey Docks & Harbour Co
Reardon Smith Line Ltd v Hansen-Tangen
Redgrave v Hurd
Redland Bricks v Morris
Regalian Properties v London Dockyard
Regus (UK) Ltd v Epcot Solutions Ltd
Reichman v Beveridge
Reid v Rush Tompkins Group plc
Reveille Independent LLC v Anotech International (UK) Ltd
Reynolds v Atherton
Rice v Great Yarmouth BC
Riverlate Properties v Paul
Roberts and Co Ltd v Leicestershire
Robinson v Harman
Robophone Facilities Ltd v Blank
Roche v Sherrington
Rock Advertising v MWB Business Exchange Centres
Rolls Royce Power Engineering plc v Ricardo Consulting Engineers Ltd
Roscorla v Thomas
Rose & Frank v Crompton Bros
Routledge v Grant
Royal Bank of Scotland plc v Etridge (No 2)
Royscott Trust v Rogerson
RTS Flexible Systems Ltd v Molkerei Alois Müller
Ruxley Electronics and Construction Ltd v Forsyth
Salt v Stratstone Specialist Ltd
Scally v Southern Health and Social Services Board
Scammell and Nephew Ltd v Ouston
Scammell v Dicker
Schebsman, Re
Schuler AG v Wickman Machine Tools Sales Ltd
Scotson v Pegg
Scott v Avery
Scottish Widows Fund and Life Assurance Society v BGC International
Scriven Bros and Co v Hindley and Co
Scruttons Ltd v Midland Silicones Ltd
Selectmove, Re
Shadwell v Shadwell
Shanklin Pier Ltd v Detel Products Ltd
Sharpley v Louth
Shaw v Applegate
Shell UK Ltd v Lostock Garages Ltd
Shirlaw v Southern Foundries (1926) Ltd
Shogun Finance v Hudson
Siboen & the Sibotre, the
Simantob v Shavleyan
Simpkins v Pays
Skeate v Beale
Smith New Court Securities Ltd v Scrimgeour Vickers etc Ltd
Smith v Cooper
Smith v Hughes
Smith v Land & House Property Corp
Smith v UMB Chrysler (Scotland) Ltd
Societe des Industries Mtallurgiques SA v The Bronx Engineering Co Ltd
Societe Generale, London Branch v Geys
Soulsbury v Soulsbury
Spencer v Harding
Spice Girls v Aprilia
Spring v National Amalgamated Stevedores and Dockers Society (no 2)
St Albans City and DC v International Computers
Starsin, The
Statoil ASA v Louis Dreyfus Energy Services (The Harriette N)
Stevenson, Jacques v McLean
Stewart Gill Ltd v Horatio Myer & Co Ltd
Stilk v Myrrick
Stocznia Gdynia SA v Gearbulk Holdings Ltd
Stocznia Gdanska SA v Latvian Shipping Co
Storer v Manchester City Council
Street v Coombes
Sudbrook Trading Estate v Eggleton
Suisse Atlantique Societe d’Armement SA v NV Rotterdamsche Kolen Centrale
Suleman v Shahsavari
Sumpter v Hedges
Super Servant Two, The
Swynson Ltd v Lowick Rose LLP
Tamplin v James
Tartsinis v Navona Management Co
Taylor v Caldwell
Tekdata Interconnections Ltd v Amphenol Ltd
Telegraph Despatch and Intelligence v McLean
Telford Homes Ltd v Ampurius Nu Homes Holdings Ltd
Tenax Steamship Co Ltd v The Brimnes
Thomas v BPE Solicitors
Thomas v Thomas
Thornton v Shoe Lane Parking
Thomas Witter Ltd v TBP Industries Ltd
Tinn v Hoffman
Tito v Waddell (No 2)
Tool Metal Manufacturing v Tungsten
Transfield Shipping Inc v Mercator, The Achilleas
Transocean Drilling UK Ltd v Providence Resources Plc
Trollope & Colls Ltd v North West Metropolitan Regional Hospital
Trump International Golf Club Scotland Ltd v The Scottish Ministers
Tsakiroglou & Co Ltd v Noblee Thorl GmbH
Turner v Green
Tweddle v Atkinson
UCB Corporate Services Ltd v Williams
Universal Cargo Carriers Corp v Citati
Universe Sentinel, The
Universe Tankships v ITWF
Valilas v Januzaj
Vaswani v Italian Motors (Sales & Services)
Victoria Laundry (Windsor) Ltd v Newman Industries Ltd
Vitol SA v Norelf Ltd (The Santa Clara)
Walford v Miles
Walters v Morgan
Ward v Byham
Warner Bros Pictures Inc v Nelson
Warren v Mendy
Wates Ltd v GLC
Watford Electronics Ltd v Sanderson CFL Ltd
Watts v Morrow
Wellesley Partners LLP v Withers LLP
Wells v Devani
Whincup v Hughes
White & Carter v McGregor
William Sindall plc v Cambridgeshire County Council
Williams v Bayley
Williams v Carwardine
Williams v Roffey Bros
Williams v Williams
Willis Management (Isle of Man) Ltd & Anor v Cable and Wireless plc
With v O’Flanagan
WJ Alan & v El Nasr Export and Import
WJ Tatem v Gamboa
Wood v Capita Insurance Services Ltd
Woodar Investment Development Ltd v Wimpey Construction UK Ltd
WN Hillas v Arcos
World Wide Fund for Nature v World Wrestling Federation Entertainment
Wright v Carter
Wrotham Park Estate Co v Parkside Homes
Yam Seng Pte Ltd v International Trade Corp Ltd
118 Data Resource Ltd v IDS Data Services Ltd

Contract Law: From Trust to Promise to Contract

Investigate contracts from ideation to execution, their pitfalls and remedies.

Learn about contracts in this online course from Harvard Law Professor Charles Fried, one of the world's leading authorities on contract law.

What You'll Learn

Contracts are promises that the law will enforce. But when will the law refuse to honor a promise? What happens when one party does not hold to their part of the deal? This version of the course adds new units on Interpretation, Agency, Partnerships, Corporations, and Government Regulation.

We are exposed to contracts in all areas of our life–agreeing to terms when downloading a new computer program, hiring a contractor to repair a leaking roof, and even ordering a meal at a restaurant. Knowing the principles of contracts is not just a skill needed by lawyers, it illuminates for everyone a crucial institution that we use all the time and generally take for granted.

This contract law course, with new materials and updated case examples, is designed to introduce the range of issues that arise when entering and enforcing contracts. It will provide an introduction to what a contract is and also analyze the purpose and significance of contracts. Then, it will discuss the intent to create legal relations, legality and morality, and the distinction between gifts and bargains. The course also investigates common pitfalls: one-sided promises, mistake, fraud, and frustration. With the knowledge of what makes contracts and how they can go wrong, Professor Fried will discuss remedies and specific performance. Finally, Professor Fried will introduce how contracts can create rights for third parties.

The course's instructor, Charles Fried, has been teaching at Harvard Law School for more than 50 years and has written extensively on contracts. Not only is Professor Fried a leading authority on contract law, but he also utilizes a story-telling approach to explaining the topic, which creates a unique and interesting class experience.

The course will be delivered via edX and connect learners around the world. By the end of the course, participants will be able to:

A theoretical background of contracts, trust, and promise
How to form contracts through valid offer and acceptance
Limits to enforcing contracts
Issues excusing contractual performance
Available remedies for contractual breaches
Third parties’ ability to enforce contracts

Your Instructor

Charles Fried is the Beneficial Professor of Law at Harvard Law School, where he has been teaching since 1961. Most recently, Fried has taught Contracts and Constitutional Law. He was the Solicitor General of the United States from 1985 to 1989, where he argued 25 cases in front of the Supreme Court. Fried was also an Associate Justice of the Supreme Judicial Court of Massachusetts from 1995 to 1999. Fried has authored many books, including Anatomy of Values , Right and Wrong , Modern Liberty , Contract as Promise , Making Tort Law , and Saying Where the Law Is: The Constitution in the Supreme Court , in addition to more than 30 journal articles.

Ways to take this course

When you enroll in this course, you will have the option of pursuing a Verified Certificate or Auditing the Course.

Alternatively, learners can Audit the course for free and have access to select course material, activities, tests, and forums. Please note that this track does not offer a certificate for learners who earn a passing grade.

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Taught by Harvard Law School faculty, this course is designed to help you navigate your organization's or client’s financial goals while increasing profitability and minimizing risks.

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Bioethics provides an overview of the legal, medical, and ethical questions around reproduction and human genetics and how to apply legal reasoning to these questions.

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Complete Contract Law: Text, Cases, and Materials (1st edn)

Acknowledgements
Table of cases
Table of legislation
1. Introduction to the Study of Contract Law
2. Agreement Part I: Offer
3. Agreement Part II: Acceptance
4. Certainty and the Intention to Enter a Legal Relationship
5. Consideration and Promissory Estoppel
6. The Terms of the Contract
7. Exemption Clauses and Unfair Terms
8. Breach and Termination of the Contract
9. Remedies Part I: Compensatory Damages Following a Breach
10. Remedies Part II: Principles That Can Limit the Damages Awarded Following a Breach
11. Remedies Part III: Non-compensatory Remedies
12. Third Party Rights (the Doctrine of Privity)
13. Misrepresentation
15. Undue Influence, Unconscionability, and Equality of Bargaining Power
16. Frustration of the Contract
17. Mistake

p. 1 1. Introduction to the Study of Contract Law

André Naidoo
https://doi.org/10.1093/he/9780198749868.003.0001
Published in print: 04 March 2021
Published online: September 2021

This introductory chapter provides an overview of contract law and its application. A contract is an agreement made with intention that it will be legally enforceable. Contract law concerns issues regarding the formation of contracts; the sources, interpretation, and regulation of terms; when a breach takes place and the resulting consequences; and ways to escape a contract through vitiating factors, mistake, or frustration. The parties’ intentions are determined using an objective approach based on the standard of the reasonable person. A lot of contract law can be understood as default rules to apply when the parties have not been clear enough about their intentions. The law of contract also concerns foundational principles and mainly consists of common law rules. Many cases still give effect to the values of the classical model, which is based on the freedom and sanctity of contract, and a view that contracting parties are self-interested. The most significant recent development away from the classical model is the recognition of relational contracts and an implied obligation to act in good faith.

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Contract drafting
Contract Law

List of 20 notable cases of Contract Law

This article has been written by Oishika Banerji of Amity Law School, Kolkata. This article discusses twenty important case laws related to contract law which are often required for competitive examinations.

Table of Contents

Introduction

According to Section 2(h) of the Indian Contract Act, 1872 , an agreement enforceable by law is known as a contract. The contract law generally concerns rights in personam which means private rights that only affect two private individuals entering into a contract with each other. There are several important concepts in relation to contract law that can be better understood by means of case laws. This article aims to provide the same to its readers.

Notable case laws of Contract Law

Before delving into the cases, let us briefly discuss about the essentials of a valid contract which are provided hereunder:

Acceptance of the offer;
Parties must be competent to enter into a contract;
There must be a consideration which is to be lawful in nature;
Free consent of the parties;
Intention to enter into a legal relationship;
The contract entered into must be certain;
A contract must not be expressly declared to be void.

The case laws that have been discussed hereunder are all related to the contract law jurisprudence and anyone studying contract law does come across these cases.

Balfour v. Balfour (1919)

The 1919 case of Balfour v. Balfour was the foundation for the contract law as it gave birth to the purpose behind the creation of the legal reaction theory in contract law. Legal reaction theory means that one lawful act will be responsible for a subsequent legal act to take place. Lord Justice Atkin observed that agreements that are made between a husband and his wife, specifically personal family relationships, to provide maintenance costs, and other related capitals are generally not categorized as contracts because in general, the parties to the agreement do not intend to enter into an agreement that should be attending legal ends. Therefore, a contract cannot be enforceable by nature if the parties to the same do not intend to create legal relations with each other.

Lalman Shukla v. Gauri Datt (1913)

The importance of knowledge and communication, in formation of a contract, was highlighted by the Allahabad High Court in the landmark judgment of Lalman Shukla v. Gauri Datt (1913). The Hon’ble Court observed that the fundamental necessity of a valid contract is the knowledge and assent of a proposal in order to convert the concerned proposal into an enforceable agreement. In the present case, none of the criteria discussed are being fulfilled as the plaintiff was unaware and there was an absence of assent about the particular act. This is also an important principle governing general offers in contract law, and a classic example of a general offer is offering a reward by means of an advertisement for finding a lost article. Only the person completing the required task is said to be accepting the offer.

Rose and Frank Co v. Crompton and Brother Ltd (1925)

The House of Lords in the well-known case of Rose and Frank Co v. Crompton and Brother Ltd (1925) highlighted agreements that are enforceable by law. The Court, in this case, held that the very fact that the arrangement between the parties to the case does not constitute a legal contract will not ipso facto preclude the orders and acceptances from constituting legally binding contracts. Therefore, the absence of enforceability of a legal arrangement that is expressed under an agency agreement does not preclude the legal transactions.

Harvey v. Facey (1893)

The difference between an “invitation to offer”, and “offer” has been laid down by the Lords of Judicial Committee of the Privy Council on the appeal in the case of Harvey v Facey (1893). While the case surrounded an issue that arose regarding the offer to sell a Bumper Hall Pen, the Privy Council observed that there never existed an agreement between the parties to the case. The Council went further to state that for a contract to be valid, a proposal and an acceptance are needed and to make the contract binding. Further, acceptance of the proposal must be notified to the individual who is proposing because a legally enforceable agreement requires sureness to hold from both the parties to the contract.

Ramsgate Victoria Hotel v. Montefiore (1866)

In the case of Ramsgate Victoria Hotel v. Montefiore (1866), the Court of Exchequer discussed revocation of an offer that resulted due to lapse of time. As the defendant wanted to purchase shares in the plaintiff’s hotel, and also went ahead to communicate the offer to the defendant, the plaintiff had accepted the offer after six months of its proposal. By that time the share value had decreased which affected the interest of the defendant to purchase the same. While passing an order in favor of the defendant, the Court drew attention to the fact that the plaintiff had not accepted the offer in spite of being provided with sufficient time to consider. As the offer was accepted after six months, the same can no longer be categorized as valid, and therefore even if the defendant doesn’t show interest in buying the shares, he will not be held liable for the same.

Felthouse v. Bindley (1862)

The concept of acceptance was taken up by the Court of Exchequer Chamber, the United Kingdom in the case of F elthouse v. Bindley (1862). While accepting an offer proposed to a party, he or she cannot remain silent. If he or she remains so then the same cannot be presumed to be an acceptance of the proposed offer. The Court of law made it clear that there should be absolute clarity in the communication of the acceptance of an offer so as to proceed towards the formation of a valid contract.

Pharmaceutical Society of Great Britain v. Boots Cash Chemist (1953)

The case of Pharmaceutical Society of Great Britain v. Boots Cash Chemist (1953) revolves specifically around the concept of “invitation to offer”. The case which appeared before the Courts of Appeal of England and Wales involved the defendant, a pharmaceutical company who introduced a new method of displaying the drugs for the shoppers, which could be used for purchasing drugs, and the plaintiff objecting to the same. The Court of law observed that “goods on a display are an invitation, not an offer” instead, the customers make an offer when they take the medicines to the register with the cashier being under the shopkeeper to accept the offer proposed. The Court reasoned that displaying medicines to the customers will be treated as an “invitation to treat”, and not as an “offer”.

Bhagwandas Kedia v. Girdharilal & Co (1959)

The Supreme Court of India while deciding the case of Bhagwandas Kedia v. Girdharilal & Co (1959) took into account Sections 2 , 3 , and 4 of the Indian Contract Act, 1872. The Court observed that making an offer at a place that has been accepted elsewhere does not ipso facto form part of the cause of action in a suit for damage, in scenarios for breach of contract. Generally, a contract is the consequence of acceptance of offer and intimation of that acceptance, therefore the intimation must be by the same external manifestation which is recognized by the law, or is sufficient in the eyes of law.

Kedarnath v. Gorie Muhammad (1886)

The Calcutta High Court in a notable case of Kedarnath Bhattacharji vs Gorie Mahomed (1886), observed that although the promise made in this case was in relation to a charitable purpose and that the defendant, in this case, had no benefit, the defendant was held responsible for the promise made by him. The Court believed that the defendant will be held liable, as it was noted that in this case people were asked to knowingly subscribe to the purpose for which the money was to be applied or used. Along with this, the people were aware that in the faith of their subscription they had to incur the obligation to pay the contractor for the work. In this case, the law of the applicant was recognized by the Hon’ble High Court as the conclusion of a contract with the contractor was made at the will of the promoter, which was to be perceived as a good consideration according to Section 2(d) of the Indian Contract Act, 1872.

Durga Prasad v. Baldeo (1880)

The two-Judge Bench of Allahabad High Court comprising Justices Pearson, and Oldfield decided on the validity and legitimacy of a contract in the well-known case of Durga Prasad v. Baldeo (1880). In this case, the Court referred to the doctrine of rule of law that is inherently related to Section 2(d) of the Indian Contract Act, 1872. Section 2(d) read with Section 25 of the Act of 1872 states that “any agreement without consideration is void”. Thus when the legislation itself clears the necessities of a valid agreement, there cannot exist any case which walks against the statutory rules.

Leslie Ltd v. Sheill (1914)

The English Court of Appeal in the well-known case of Leslie Ltd v. Sheill (1914) took into account the issue as to whether the defendants, in the case, are entitled to equitable restitution against a loan provided to a minor or not. Explaining the doctrine of equitable restitution, the Court viewed that, “If an infant obtains property or goods by misrepresenting his age, he can be compelled to restore it so long as the same is traceable in his possession”. The Court went further to state that restitution stops whenever the repayment begins, and the principles of equity do not enforce any kind of contractual obligations against a minor.

Mohori Bibee v. DharmodasGhose (1903)

A bench of Judges Lord Mcnaughton, Lord Davey, Lord Lindley, Sir Ford North, Sir Andrew Scoble, and Sir Andrew Wilson considered the ambit of minor’s agreement in the well-known case of Mohori Bibee v. DharmodasGhose (1903). The Privy Council expressly barred any person below the age of eighteen years to enter into a contract, and take major decisions in relation to the same. Thus in the present case where the plaintiff and the defendant had entered into a mortgage deed, the same was held to be void as the mortgage execution was carried out by a minor individual.

Raghava Chariar v. Srinivara (1916)

The issue in the present case of Raghava Chariar v. Srinivara (1916), the issue that appeared before the Madras High Court was whether a mortgage that had been executed in favor of a minor who had also advanced the mortgage money in totality, would be deemed to be enforceable by him or by any other person on his behalf, or not. In comparison to previous observations in the case of Mohori Bibee v. DharmodasGhose (1903) which has provided a restrictive view on the liability of minors in contracts, the present case holds greater significance in the current scenario as it facilitated in providing a divergent scope of safeguarding minors in the contracts.

Donoghue v. Stevenson (1932)

The doctrine of negligence was laid down unambiguously by the House of Lords in the English case of Donoghue v. Stevenson (1932). In the present case, the injuries that were caused to the plaintiff from the defendant’s defective products were claimed on the basis of the contract of sale between the parties to the case. While it was the plaintiff’s friend who suffered the damage, the plaintiff did not, hence the plaintiff’s claim could only be on the grounds of negligence by the defendant. The issue before the Court was whether the defendant owed a duty of care to the plaintiff or not. Applying the “neighbor principle”, the Court rules out that the defendant did owe a duty of care to the plaintiff.

Phillips v. Brooks (1919)

The issue as to whether a mistake to identify an essential of a contract ipso facto makes the contract void or not came before Judge Horridge of the King’s Bench Division in the case of Phillips v. Brooks (1919). The Court while ruling out in favor of the defendant observed that the claimant in the case intended to sell the ring to the man in front of him, that is a face-to-face contract, whoever that man turned out to be. No relevant mistake could therefore be scooped out from this case. As the property had passed to the rogue, the claimant in the case was therefore not entitled to recover the ring.

Dunlop Pneumatic Tyre Co Ltd. v. Selfridge & Co (1915)

In the case of Dunlop Pneumatic Tyre Co Ltd. v. Selfridge & Co (1915), the House of Lords delivered a judgment that accompanied the understanding of the concept of “construction of contract”. Dismissing the appeal in the present case, the Court held that as there existed no contract between the plaintiff and the defendant, therefore, the plaintiff, in this case, can no way sue the defendant. Taking a cue on the aspect of privity of contract, the Court observed that only the parties to a contract can sue each other over breach of the contract entered into, and the only exception to this general rule will be in case of a principal-agent relationship where the agent was unnamed by the party under whom he/ she was appointed.

Hadley v. Baxendale (1854)

Consequential damage over breach of contract was determined by the English Court in the well-known case of Hadley v. Baxendale (1854). When the defendant made an error in carrying out his work which was assigned to him by the plaintiff in his mill, the latter claimed professional negligence on the latter’s part. The issue before the Court was whether the claim that was made by the plaintiff was disproportionate to the damages caused or not. Observing that losses can be claimed if it can be reasonably viewed to have been the outcome of the defendant’s actions, the Court ruled out that the defendant will not be liable to compensate the plaintiff for his losses on grounds that the plaintiff had not reasonably foreseen the consequences of the delay caused by the defendant.

Dickinson v. Dodds (1876)

England’s Court of Appeal, in the well-known case of Dickinson v. Dodds (1876) took into account whether a defendant who had promised to keep his offer open till a certain day be bound by contractual obligations if he had revoked his promise and sold off his offer to a third party, prior to the specified date? Ruling out that there was no contract that was formed between the parties to the case, the defendant had no obligations to follow before he could revoke his promise. The Court reasoned that although the defendant had made an offer, he did possess the right to revoke the same before the offer was accepted by the plaintiff, hence was not liable for his action.

Powell v. Lee (1908)

A well-known case of offer and acceptance was the case of Powell v. Lee (1908) which involved the plaintiff filing a suit against the defendant over breach of contract. The question that the King’s Division Bench considered was whether a person who acted in an unauthorized capacity, communicated an offer’s acceptance? Ruling that for an acceptance to be valid, the same should be communicated, and the same should be carried out by the person offering in an authorized capacity, the Court dismissed the plea of breach of contract between the plaintiff, and the defendant.

Merritt v. Merritt (1970)

The Master of the Rolls decision in the case of Merritt v. Merritt (1970) plays a significant role in framing the contract law jurisprudence. Although the present case walks in the same line as the case of Balfour v. Balfour (1919), the Court distinguished both these cases on the grounds that the present involves parties who are separated from their marital ties, whereas in the 1919 case, the parties where the couple was married. In the present case, the husband had signed an agreement with his wife of £40 per month in connection to their mortgage house. When the payment was made, the wife claimed the property to be hers. The Court of Appeal held the agreement to be binding in nature as against the decision made in the Balfours’ case.

Conclusion

It is necessary to take note of the cases which have been discussed in this article as questions surrounding them are often located in different law examinations. A law student must, therefore, have these cases at their fingertips. Although the list of twenty cases provided in this article is not exhaustive, they surely are the foremost ones to be learned along with the contract law.

References

https://lawbhoomi.com/law-of-contracts-notes-study-materials-and-case-laws/
http://www.a4id.org/wp-content/uploads/2016/10/A4ID-english-contract-law-at-a-glance.pdf
https://grrajeshkumar.com/class-notes-on-contract-i-1st-sem-3-year-ll-b/

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Contract Law: From Trust to Promise to Contract

Contracts are a part of our everyday life, arising in collaboration, trust, promise and credit. How are contracts formed? What makes a contract enforceable? What happens when one party breaks a promise?

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A theoretical background of contracts, trust, and promise

How to form contracts through valid offer and acceptance

Limits to enforcing contracts

Issues excusing contractual performance

Available remedies for contractual breaches

Third parties’ ability to enforce contracts

Course description

Learn about contracts from Harvard Law Professor Charles Fried, one of the world’s leading authorities on contract law. Contracts are promises that the law will enforce. But when will the law refuse to honor a promise? What happens when one party does not hold to their part of the deal? This version of the course adds new units on Interpretation, Agency, Partnerships, Corporations, and Government Regulation

We are exposed to contracts in all areas of our life — agreeing to terms when downloading a new computer program, hiring a contractor to repair a leaking roof, and even ordering a meal at a restaurant. Knowing the principles of contracts is not just a skill needed by lawyers, it illuminates for everyone a crucial institution that we use all the time and generally take for granted.

The course’s instructor, Charles Fried, has been teaching at Harvard Law School for more than 50 years and has written extensively on contracts. Not only is Professor Fried a leading authority on contract law, but he also utilizes a story-telling approach to explaining the topic, which creates a unique and interesting class experience.

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Introduction to contract law

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Consideration

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1. There is in my view a real danger that if a general principle of good faith were established it would be invoked as often to undermine as to support the terms in which the parties have reached agreement’, per LJ Moore-Bick in MSC Mediterranean Shipping Co v Cottonex Anstalt [2016] EWCA Civ 789, at [45]. Critically discuss

2. ‘The foundation of consideration is unconscionability and promissory/proprietary estoppel is the best example of this. It would be better to just call the beast by its name and allow the courts to assess whether the deal was unconscionable or not.’ Critically discuss.

3. “The English courts’ approach to the doctrine of consideration is artificial since it has very little to do with the parties’ agreement. A change in the law is imperative to ensure clarity in the law and to stop a slavish adherence to the neo-classical theory of contract law.” Critically discuss.

4. To what extent is “business common sense” the fundamental approach of the courts in resolving ambiguities and ascertaining the meaning of contractual terms and statements?

5. Critically discuss the impact of the Consumer Rights Act 2015 on the regulation of ‘unfair terms’ in contracts.

The University of Retexe owns a painting titled ‘the scales out of balance’ which was given to it by a grateful graduate in 1955. The University has decided that nobody really looks at the piece and therefore wants to sell it. They contact a former student, Stefan, by letter:

‘We are considering selling the painting you knew and loved when you were a student here, ‘the scales out of balance’, as long as you are willing to pay £2m for it. The sale must be within the next two months. As you will remember it was included in the BBC television series ‘the art of Hogarth’ and they considered it to be one of his best pieces. Would you be interested in purchasing this Hogarth?’

Stefan immediately replies that the gallery he owns would be happy to pay that price for the Hogarth.

The University does not reply but the accountant removes the Hogarth from the list of art pieces to be insured. Shortly after Stefan succeeds in selling the painting on to an American art gallery for £5m. He contacts the University and leaves a message:

‘I hope you don’t mind but I have managed to sell the painting to a fantastic gallery.’ A few days later the university representative, Tammy, calls Stefan back and comments that she is glad they have found a good home for the painting and asks when Stefan would like the painting to be delivered.

Stefan is about to call back when he finds out from another dealer that the Hogarth, due to the time when it was donated, must have been a forgery. The discovery was made by accident last week when a gallery moved other Hogarths to a new building.

Advise Stefan, who does not want the painting anymore.

Ugo, an architect, earns a little extra money as a self-employed author of fiction. He has previously used an accountant in his town who has recently retired.

For this year’s tax return, due in January 2018, Ugo decides to use Valentina’s online tax return service. The website offers ‘a complete preparation and filing service for your income tax’. The website offers ‘complete peace of mind’. The first page of the website asks for the income. The page states that the customer ‘must submit all statements by post’ and, provided that she pays the £200 fee, they will then send her the completed tax return back.

On the very first page of the website there is a button titled ‘what we promise’. If the customer clicks on this it takes the customer to another website with terms and conditions, which include the following:

What we promise: We undertake to calculate the tax you must pay from the figures you give us when you tell us your income. We take no responsibility for checking that you have entered the amounts correctly
Liability. We are not responsible for any penalty imposed on you because your income is incorrectly stated; or because your return is not submitted on time unless we are shown to have acted intentionally or with gross negligence.

This button only appears on the first page. Ugo does not see or read the terms and conditions before sending in the requested information. Ugo does not notice that he has entered the amount he has earned as £2,500 rather than £25,000. The correct amount is clearly visible from the statements but Valentina does not notice the mistake. She sends the tax return back to Ugo, who signs it without checking.

The tax authorities notice the mistake and fine Ugo a total of £500.

Advise Ugo of any rights he may have against Valentina.

Trista and Kevin have been business partners of a local garage since 2010 valued at about £200,000, with Trista owning a 25% share in the business (worth approximately £50,000). In March 2015, Trista approached Kevin about the possibility of buying her out of the business to enable Trista sort out her own personal problems. When Kevin refused, Trista threatened to do such shoddy work at the garage that the business would lose clients and eventually become financially unviable.

Initially, Kevin refused Trista’s proposal and told her that, while sympathetic with her plight, he just did not have access to the necessary funds. During the next several months, Trista did as she threatened and her work was so slow and sloppy that the business began to lose customers.

Fearing that he would lose the business completely, Kevin approached his new husband, Gamu, about the possibly of putting up their jointly-owned £100,000 home as security on a £50,000 bank loan, so that Kevin could buy Trista out of the business. Kevin told Gamu that he felt he had no choice but to get the loan if his business were to survive. Gamu agreed and signed the necessary documents at the bank in the presence of Kevin. Kevin, in turn, entered into contract with Trista in October 2015 to buy her out of the business for £50,000.

By February 2016, as a result of the damage to the business’ reputation after Trista’s behaviour, Kevin had lost customers and was struggling to pay his bills, including the payments on the bank loan. In May 2016, Kevin was informed that the bank now intended to take possession of his and Gamu’s house.

Advise Kevin and Gamu on whether they have any rights against Trista and the bank.

Phoebe, who won £1 million from a lottery, decided to take her parents, Monica and Chandler, and her best friends, Jahangir and Ramona, on “luxury cruising” to thank them for being there for her. Phoebe remembered seeing the following Facebook advertisement by Superb Ltd:

“Get the experience of a lifetime via our two weeks cruise; Our luxury ship will be stopping at exotic places; Enjoy five-star hotels; Fine dining all the time; Our crew and passengers are special and the nicest; £1000 per person; Discounts for groups of five or more.”

Phoebe phoned Superb’s office and asked whether “that Facebook deal is still on” and got a confirmation. She later went to Superb’s office and signed a contract after paying a discounted price of £4000 for five persons.

Phoebe, her parents and her friends left the ship after two days due to the following facts:

The ship, Konkordium, was an ugly-looking converted fishing boat lacking some basic facilities normally seen in cruise ships. Konkordium was only going round the southeast coast of England.
Fine dining was not available on Konkordium and passengers were often given sandwiches. The food made Phoebe’s parents quite ill and Phoebe, Jahangir and Ramona suffered varying levels of discomfort from the food.
Konkordium’s crew were swearing and shouting at passengers at will. One pushed Jahangir for no reason.
Other passengers on Konkordium were groups of students who were always drunk, swearing, shouting and playing loud music. Some students whistled whenever they saw Ramona. The students paid £100 per person and £80 for groups of five.

Advise Phoebe, Monica, Chandler, Jahangir and Ramona on whether they have any legal claims in contract law.

Tara wanted to extend her house. Accordingly she engaged an architect to draw up some plans. Subsequently she placed a notice in her local newspaper requesting tenders in respect of the work to be undertaken. The notice stated that the deadline for the submission of tenders was noon on 4 March and the contract would be awarded to the person submitting the lowest tender. The notice also stated that further details, including plans, could be obtained from Tara at an address provided but did not state the method for submitting tenders.

Eoin, Belinda, Siobhan and David all requested further information and subsequently submitted tenders. Eoin submitted a tender of £20,000 by e-mail. Belinda submitted a tender of £15,000 by post. Siobhan submitted a tender of “£100 lower than any other tender received” by post. David submitted a tender of £10,000 by e-mail. Tara decided not to accept David’s tender as she had heard worrying rumours about the standard of David’s work. Instead she decided to accept Siobhan’s tender. David and Belinda are very angry about this and are threatening legal action. Moreover it appears that Tara did not consider Eoin’s tender at all as there was a problem with her computer server.

Advise the parties.

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The key English contract law cases of 2020

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It has been a most unusual year. In response to the global pandemic, the Cabinet Office issued Guidance in the summer, encouraging contractual parties to act “responsibly and fairly” in the performance and enforcement of their contracts.

In a similar vein, the British Institute of International and Comparative Law (“ BIICL ”) has published three Concept Notes, the first of which noted that a plethora of disputes from the pandemic would be destructive to good contractual outcomes and the effective operation of markets. However, the BIICL also recognised that there are some cases which do require the involvement of the courts.

Inevitably then, there have been disputes which have made it to the courts this year: some which started before the pandemic hit; some borne of the pandemic itself (notably, the recent insurance business interruption case, which you can read about here 1 , and a case concerning material adverse effect clauses, which you can read about here ); and others that presumably just could not be resolved consensually. What can we learn from the decisions in these disputes? In this briefing we review this year’s important contract cases and consider what commercial parties can learn from them.

1. At the time of writing, we note that the Supreme Court heard a leapfrog appeal from the decision of the High Court from 16-19 November 2020. The judgment is pending.

Implied duties of good faith: plead at your peril.

Last year we noted that the law was still in a state of flux. One year on, is it any clearer when a contract will be subject to an implied duty of good faith? It’s fair to say the law still “has not yet reached a stage of settled clarity” ( Cathay Pacific Airways Ltd v Lufthansa [2020] EWHC 1789 ) with a continuing split between the two visions of this duty, namely:

that there is a class of “relational contracts” that are subject to a duty of good faith as a matter of law ( Essex County Council v UBB Waste (Essex) Ltd [2020] EWHC 1581 ), or
that such a duty will only arise where the strict tests for the implication of terms in fact are satisfied ( Taqa Bratani Ltd & Ors v Rockrose UKCS8 LLC [2020] EWHC 58 ).

Around these central themes, there have been various clarifications to the law. For example, in Morley v Royal Bank of Scotland Plc [2020] EWHC 88 (Ch) the High Court rejected a borrower’s argument that the bank had an implied duty to act in good faith towards it under a loan agreement. The Court held that this was not a relational contract of any kind but an ordinary loan facility agreement. The bank’s decision to call in the loan was the exercise of a contractual right, not a discretion (subject to the Braganza duty). The bank’s power to obtain a revaluation of the charged assets and its power to charge a default interest rate were discretions which had to be exercised for purposes connected to the bank’s commercial interests and not so as to vex the borrower maliciously (following Property Alliance Group Ltd v Royal Bank of Scotland plc [2018] EWCA Civ 355 ). On the facts, they had been exercised properly.

Similarly, the courts continue to treat references to good faith in some clauses as evidence that a wider overarching duty of good faith should not be implied into the agreement (see Russell v Cartwright [2020] EWHC 41 (Ch) ).

Perhaps most important is the nature of any duty of good faith. While this is sometimes described in broad terms, for example to “adhere to the spirit of the contract, to observe reasonable commercial standards of fair dealing, to be faithful to the agreed common purpose, and to act consistently with the justified expectations of [the other party]” ( CPC Group Ltd v Qatari Diar Real Estate Investment Company [2010] EWHC 1535 ), the courts have recently made it very clear that the assertion that a party has not acted in good faith is a serious allegation.

In Essex County Council v UBB Waste (No. 3) [2020] EWHC 2387 (TCC) the courts suggested this was, put colloquially, an allegation of “sharp practice” . To make such an allegation without proper foundation was out of the norm and justified an order for costs on an indemnity basis.

What does this mean for you?

Good faith is still an evolving area in English law. Until we have greater clarity, it is worth considering whether your contract might be classified as “relational” or whether a duty of good faith might arise under the rules for the implication of terms in fact. In either case, you might want to address the matter expressly. Finally, allegations of a breach of good faith are serious and should not be made without foundation, so plead at your peril.

Excusing liability

In times of crisis, contractual parties may have even greater reason to examine those parts of their contracts which may exclude or limit liability or offer defences to breach (such as force majeure provisions).

Force majeure and a variety of limitations

A recent dispute concerning the 2011 riots in London put all of these provisions under the spotlight. The High Court found that a warehouse operator had failed to use reasonable skill and care to protect the contents of the warehouse (CDs and DVDs), which were destroyed by fire during the riots. Could the operator rely on any contractual terms to excuse or limit its liability?

It was not able to rely on the force majeure clause since the fire was not a circumstance “beyond [its] reasonable control” . The Court found that, if it had acted reasonably, it could and should have prevented the fire.

Since the claims (for loss of profits, business interruption costs and increased cost of working, suffered as a result of the fire) were all direct (in that they were exactly the type of loss that one would expect to result from the breach), the clause excluding liability for “indirect and consequential loss” did not apply. A cap on liability for damage to goods was no protection either as the claims were not for damage to the goods themselves. However, an overall – aggregate – cap on all liability (of £5 million) was effective.

What does this mean for you? These types of clauses are very topical in the current uncertain times and always need to be drafted carefully. This case reminds us that the position of commercial parties will depend upon the exact terms of the contracts, applied to the facts of the situation.

Where can you read more? See 2 Entertain Video Ltd & Ors v Sony DADC Europe Ltd [2020] EWHC 972 (TCC) .

Indirect and consequential loss

Another recent case highlights just how useful an exclusion of “indirect and consequential loss” could have been, if only it had been included.

A contractor terminated a construction contract for breach by its employer (on the basis that the latter had failed to provide a prepared site for the water treatment plant that was to be built). The Board of the Privy Council held that the contractor was entitled to recover, as damages for breach, the loss of profits that it would have made under an operation and maintenance contract for the same plant had it been built. These losses were not too remote (and fell within the second limb of Hadley v Baxendale [1854] EWHC Exch J70) as they were within the reasonable contemplation of the parties to the construction contract when that contract was entered into (on the same day as the operation and maintenance agreement).

What does this mean for you? When entering into related contracts, it is vital to consider the exact relationship between them, including the consequences of a termination, breach or force majeure scenario arising under one of them and the knock-on effects this might have. Exclusion of liability under a related contract might be achieved by an exclusion of indirect and consequential loss (depending upon the specific drafting) or expressly.

Where can you read more? See AG of the Virgin Islands v GWA [2020] UKPC 18 .

Loss of goodwill

It is also relatively common to see clauses exclude liability for “loss of goodwill”. The Court of Appeal decided that, in a commercial context, the ordinary legal meaning of “goodwill” was the good name and public reputation of the business concerned. If a contract intends the term to have an unusual or technical meaning (such as the accounting concept of goodwill) then that should be spelt out expressly.

This decision highlights how important it is to agree the meaning of (and clearly define) terms in agreements, particularly where something different from the ordinary legal meaning is intended.

Where can you read more? See Primus International v Triumph Controls [2020] EWCA Civ 1228 .

What is a reasonable condition of consent (and what is not)?

In a recent decision, the High Court considered the case law on contractual consent provisions, which often state that one party “shall not unreasonably withhold consent” to whatever is being requested.

If we call the party asking for consent, Party A; and the party being asked to give consent, Party B, the Court found that the authorities drew the following distinction:

while it may be legitimate for Party B to impose a condition to protect or compensate it for the impairment of a benefit it enjoys under the contract which would result from giving consent,
that is completely different to imposing a condition which would impair a right which Party A currently enjoys under the contract.

The contract was for the onshore pipeline transportation of hydrocarbons produced in the North Sea. The producer (Party A in our analogy) requested consent to amend its estimated production profile for transportation for the period from January 2021 to December 2040. The pipeline owner (Party B) stated that it was only willing to consent to the amendment if Party A agreed to an increase in the tariff payable under the agreement. Contractually, Party B was not entitled to “unreasonably withhold” its consent to the amendment. Was Party B therefore acting contractually or non-contractually by seeking to impose a tariff rise as a condition to giving consent?

The Court found that Party A was both entitled and obliged to tender its hydrocarbons for transportation at the contractual tariff for the duration of the agreement, which would continue until terminated on one of the contractual bases set out in the agreement. The terms did not limit that entitlement and obligation to the period up to 2020. In those circumstances, it would be inconsistent with the terms and scheme of the agreement if Party B was entitled to make its consent to the amendment conditional on a fundamental revision of the parties’ bargain in the form of a new tariff. Party B was acting non-contractually.

This decision clarifies that a condition might be reasonable as a prerequisite to giving consent (e.g. to make up for something lost by the consenting party as a result of the change). However, a party cannot use a consent request as an opportunity to renegotiate terms or impose an unrelated change on the other party. It may be preferable to make this clear in the drafting of any relevant provision, by stating that consent cannot be unreasonably withheld or delayed, or made subject to additional conditions.

Where can you read more? See Apache North Sea v INEOS FPS Limited [2020] EWHC 2081 (Comm) .

How will the Courts determine the law applicable to an arbitration clause?

The Supreme Court recently provided the answer to this question in a landmark decision.

An arbitration clause is generally regarded as legally distinct from the main agreement in which it is contained (and the Rome I Regulation excludes arbitration and choice of court clauses from its scope). In England, therefore, common law conflict of laws rules apply to determine the law applicable to the arbitration agreement. Under those rules that will be: (i) the law expressly or impliedly chosen by the parties; or (ii) in the absence of such choice, the law “most closely connected” to the arbitration agreement.

Where the parties have not specified the law applicable to the arbitration agreement, but they have chosen the law to govern the contract as a whole, this choice will generally also apply to the arbitration agreement, rather than the law of the seat of the arbitration (as the Court of Appeal had held). But where the parties have made no choice of law to govern the arbitration agreement, either specifically or by choosing the governing law of the contract, the closest connection test will, in general, lead to the arbitration agreement being governed by the law of the seat of arbitration.

The potential for issues regarding what the applicable law of an arbitration clause is arise most frequently where the law governing the main contract and the place of the seat do not “match”. To remove the room for debate, parties, where the seat of arbitration is in England and the law of the contract is not English, therefore frequently consider using an express choice of law to govern the arbitration clause. Often, this is in favour of the law governing the main contract (the benefits of consistency with that law being something touched upon by the Supreme Court in its judgment). That approach should not change. The Supreme Court’s clarification of this area is welcome but is a general interpretative approach. Therefore, in such cases, an express designation still carries the value of some increased certainty (it will, of course, always be necessary to ensure the clause is properly drafted and works under the chosen law).

Where can you read more? See Enka Insaat Ve Sanayi AS (Respondent) v OOO Insurance Company Chubb (Appellant) [2020] UKSC 38 , and, for our ArbitrationLinks coverage see here .

What stays and what goes in assignment and novation?

The High Court held that an assignment by a contractor to an employer of “ the subcontract ” was an assignment of both (a) accrued rights, and (b) future rights under the subcontract. This meant that when the employer claimed damages in the sum of £133 million from the contractor, the contractor was left without a contractual right to seek a direct remedy from the subcontractor (in principle, it would be able to claim contribution from the subcontractor under the Civil Liability (Contribution) Act 1978, but this would have to be considered, alongside the effect of any relevant limitation or exclusion provisions, at full trial). The Court also held that the assignment did not amount to a novation, so that the contractor’s obligations under the subcontract had not been transferred to the employer.

It’s imperative to think – in advance and before agreeing to do so – what the possible effects of a transfer of rights might be, so that you are not left without a clear remedy, should that be needed. The decision also contains a handy summary of some of the key aspects of assignment and novation:

Assignment:

Subject to any express restrictions, a party to a contract can assign the benefit of a contract without the consent of the other party to the contract.
The burden of a contract (the obligations under it) cannot be assigned but the principle of conditional benefit can apply so as to impose on the contractual assignee a positive obligation where such obligation is inextricably linked to the benefit assigned.
In the absence of any clear contrary intention, reference to assignment of the contract by the parties is understood to mean assignment of the benefit of both accrued and future rights.
It is possible to assign future rights only, but clear words are needed for that.
Novation occurs when the original contract between A and B is extinguished and replaced by the creation of a new contract between A and C.
Novation requires the consent of all parties to the original and new contract. Consent can be given in the original contract, but clear words are needed.
The terms of the new contract must be sufficiently certain to be enforceable.
In every case the court must construe the contractual arrangements to give effect to the expressed intentions of the parties, using the established rules of construction.

Where can you read more? See Energy Works (Hull) Limited v MW High Tech Projects UK Limited and another [2020] EWHC 2537 (TCC) .

Notices: the devil in the detail

A share purchase agreement provided that the sellers would pay the buyer an amount equal to any tax liability which arose in certain circumstances, provided that, when making a claim, the buyer provided written notice stating “ in reasonable detail ” the matter which gave rise to the claim, the nature of such claim and (so far as reasonably practical) the amount claimed. The buyer gave notice of a claim to the sellers, referring to an investigation begun by the relevant tax authorities and gave a chronology of key milestones. Was this enough?

The High Court noted that the “reasonable detail” requirement amounted to an obligation to provide sufficient information so that the sellers, acting reasonably, knew what matter gave rise to the claim as well as the nature of the claim and, if reasonably practical, the amount. On the facts, the notice was insufficient. It contained no indication of the relevant facts, events or circumstances giving rise to the claim. Reference to the tax investigation was insufficient, and did not import all the tax authority’s comments and allegations, even if they were known to the sellers’ representatives. There had to be some indication of how the claim arose out of the facts identified.

Requirements to provide details usually mean that more, rather than less, should be included. It might help to consider what the purpose of the notification is and what it is that the recipient will need to know in order to respond or take a matter forward.

Where can you read more? See Dodika Ltd & Ors v United Luck Group Holdings [2020] EWHC 2101 (Comm) .

Waiver by election: understanding the boundaries

Rights can sometimes be lost by waiver by election: where a party has alternative, inconsistent rights, has knowledge of the facts which give rise to them and acts in a way which is only consistent with its having chosen to rely on one of them, it will be taken to have waived the other right ( Kammins Ballrooms Co Ltd v Zenith Investments (Torquay) Ltd [1971] AC 850 ). This explains why a party who communicates unequivocally an intention to continue with performance thereby loses the right to terminate a contract (instead, it is taken to have affirmed the contract).

A recent decision of the Privy Council is an important, and topical, illustration of the boundaries of the concept of waiver by election and highlights that it isn’t always applicable.

The parties entered into a fuel supply agreement against the backdrop of a potential closure of a refinery which supplied petroleum to the seller. The seller had a specific contractual right in a “Performance Relief” clause (effectively, a force majeure clause) to withhold, reduce or suspend deliveries to the extent it thought fit where necessitated by, amongst other things, the closure of the refinery.

When the refinery gave notice to the seller that it was closing, the seller notified the buyer but carried on supplying fuel, purchased and shipped from elsewhere while negotiations took place between the parties (as the seller sought a price increase to offset its higher costs). When these negotiations broke down, the seller sought to rely on the clause. The buyer argued that the seller’s rights had been “exhausted” after the seller had continued making deliveries. The Board of the Privy Council disagreed: waiver by election did not apply here. The seller’s right to claim performance relief did not present the seller with a binary, all-or-nothing choice between, on the one hand, putting an end to all the parties’ obligations or, on the other hand, treating all those obligations as still binding. Instead, it had a range of options: at one end of the scale, the seller might merely delay a delivery of fuel; at the other extreme, the seller might decide to cease all further deliveries under the contract, as eventually happened.

In situations where a party is faced with deciding whether to exercise a contractual right or not, whether taking one course of action will constitute a “waiver” of its other right(s) will ultimately turn on whether the rights are truly inconsistent with each other. Parties who want to make it clear that any action they are taking is to be without prejudice to their other rights should say so expressly, in writing. It should also be kept in mind that in these types of situations, estoppel can be relevant – for example, if the seller had unequivocally represented it would not withhold deliveries under the supply agreement despite the closure of the refinery, it might have lost its right to performance relief by waiver by estoppel. There was no argument, however, that this was so in this case.

Where can you read more? See Delta Petroleum v BVI Electricity Corporation [2020] UKPC 23 .

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1 Sources and General Features

Published: May 2021
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This is an introductory chapter. The case law tradition of English contract law is explained, including the distinction between Common Law and Equity. The requirements of consensus are analysed. There is an overview of modern developments in the law. Doctrinal controversies are listed, with references to parts of the book where ‘Evaluation’ sections provide comment on difficult or uncertain developments or topics. There are forty-nine such ‘Evaluation’ sections, amongst which the author’s discussion of the following topics merits special attention: negotiation agreements [ 4.35 ] and [ 4.42 ] ; the rule in Pinnel’s Case [ 6.82 ] ; the ‘fiction of fraud’ and the Misrepresentation Act 1967 [ 11.113 ] ; duress as to person [ 13.27 ] ; illegitimate (but not unlawful) pressure [ 13.38 ] ; good faith [ 19.27 ] ; the White & Carter case [ 27.66 ] .

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Brabners Partners With BARBRI to Support Future Talent

Last Updated: Aug 28, 2024

Brabners is a purpose-led independent law firm and certified B Corp , recently voted as the best law firm to work for by Best Companies 2023 . With offices across Lancashire, Leeds, Liverpool and Manchester, it has an ambitious and inclusive culture that places people at the heart of its strategy. Brabners has partnered with BARBRI as its preferred provider to support its future talent through SQE.

We talked to Lynette Smith, Learning and Development Partner about her talent development vision for the firm.

Brabners prides itself on being an employer of choice. What does this mean in practice?

Being an employer of choice is hugely important as it helps us to attract and retain talented people.

‘Stand together’ is one of our core values and we truly want to build and maintain a supportive environment for all our colleagues — one that provides everyone with the chance to progress in their careers.

We are proud to hold ten Legal 500 Future Lawyers awards for job satisfaction, quality of work, client contact, sustainability, legal technology, inclusiveness, approachability, social life, ‘work from home’ and work/life balance.

We think that these speak volumes about why Brabners is such a great place to work.

How do you attract the next generation of legal professionals?

We are passionate about breaking down barriers to the legal profession .

Attracting the right talent harnesses the best talent. Our mission is to make the difference and we believe we are able to attract talent from a range of educational and widening participation backgrounds. We care deeply about equality, diversity and inclusion. That’s why we have initiatives to support our local communities by attracting candidates who are underrepresented, including our Maurice Watkins bursary and the Brabners bursary.

Our recently launched insight programme has been designed to raise aspirations in our communities, break down the barriers to the profession and welcome candidates to Brabners. This is a work experience scheme, designed for those studying at either degree- or A-level to learn from and network with professionals.

Through our insight days, you can discover what life is like in the legal profession, whether as a lawyer or in our support functions. Our guest speakers — who come from a range of different sectors — discuss their work and provide guidance on how to make a successful application, as well as the various pathways into law (including advice for the SQE and apprenticeships). We also host a Q&A panel discussion with our trainee solicitors and a networking lunch with our colleagues.

We strongly encourage candidates to spend this time with us. It enables us to provide them with guidance for next steps, discuss upcoming webinars, commercial awareness, vacation schemes and support for assessment days. We are passionate about offering the opportunity of supporting future talent.

Joining us also provides the opportunity to get involved with the programmes that set our award-winning culture apart, including diversity, sustainability and charitable giving. We work closely with charities, local authorities, social mobility organisations and universities to create bespoke insight programmes that meet the needs of all. We support our local universities by providing guest lectures from our fee earners, who offer guidance on the realities of the work as well as the challenges facing the legal sector.

Brabners offers a number of routes to qualify and progress within the firm – tell us about them

Our internal development programme is an opportunity for colleagues to have career progression discussions in collaboration with their managers, our business partners and the learning and development team. These discussions are geared towards knowledge, skills and behaviour development and subsequently support positive progression.

This collaborative approach ensures that colleagues and managers are aligned on their personal goals, team objectives and the overall strategic ambitions of the business.

We believe that this approach helps to enhance careers and retain talent. The support of Damar Training and BARBRI has been instrumental to our ability to offer a range of career pathways.

Brabners has embraced apprenticeships for a number of years and in 2023 we enrolled our first legal apprentices with @ Damar powered by BARBRI. The flexible options now available through Damar’s apprenticeships present a huge step forward in supporting diversity and inclusion. It provides opportunities for candidates to complete a paralegal apprenticeship progressing to solicitor apprenticeship which opens up pathways to talent from diverse educational backgrounds and supports differentiated learning.

You are now offering training contracts that include SQE as the qualification pathway. Why the transition to SQE now? And how is Brabners feeling about it?

We are really excited that there are now so many routes to the profession.

Coming from an educational background, I understand and appreciate the importance of access to a profession at any stage of your career. Our aspirations change throughout our life, our focus shifts and our priorities change, so we should be able to take our experience and make positive career changes. SQE has opened the door for so many and we fully support all candidates regardless of where they are on their journey.

We are confident that with our collaboration with BARBRI we can provide flexible, study programmes that support all candidates, offering part-time and full-time routes. With the Brabners bursary, we are now able to fully fund a candidate’s journey from degree to qualification, supporting candidates with flexible programmes that suit their needs.

We have worked hard to ensure we have all the data, evidence and expertise in place to be able to support candidates with a change to their learning. Our two-year training contract will remain in place to support two years’ qualifying work experience and developing subject knowledge, behaviours and skills to support the demands of a solicitor in today’s workplace. This is an adaptive training programme designed to evolve as we all navigate the challenges of the SQE.

Why did you decide to partner with BARBRI?

BARBRI has given us unconditional support as we all navigate this new educational programme.

It has provided us with everything we need to transition from LPC to SQE. BARBRI colleagues have been available and flexible in our requirements, providing guidance for our new intakes of trainees.

In addition to having excellent results, the BARBRI platform is perfect for today’s student. It provides guidance and up to date materials for today’s legal sector while offering one to one coaching support for our trainees.

What do you look for in a training partner?

We have just devised a success profile for our training partners. This provides guidance to our training partners, outlining their accountability, competencies and how their support aligns with our values and behaviours. Within this guidance it’s clear that our directive is to provide support for both our trainees and their supervisors. Training partners are fully involved in our graduate recruitment process, priding themselves in reading every application and supporting through assessment days and vacation schemes. It’s important that our training partners are visible and identify opportunities to support learning and development to improve our processes and recommend new approaches which meet the needs of the trainee and the demands of the sector.

How important is equality, diversity and inclusion? How do you support this in your recruitment and development of people?

It’s important for prospective candidates to see people who look like them. When you see it, you can believe it.

That’s why we champion equality, diversity and inclusion as a core value of our business. At Brabners we appreciate that a diverse workforce allows for a variety of ideas and opinions, and we aim to foster an environment where all our people can contribute to our growth.

In our processes we use contextual recruitment to recognise the true academic and career potential of a student, allowing us to think outside of studies alone. We also partner with various organisations to provide access to the legal industry to those from lower socio-economic backgrounds, as we appreciate your background should not be a barrier to your potential.

All our people have the chance to join a series of colleague-led action groups that are focused on making improvements around issues close to our hearts, including LGBTQ+, ethnic diversity, physical and mental health, social mobility and sustainability. These groups work to shape our equality, diversity and inclusion strategy.

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Contracts Cases Outline. Contract law concerns the creation and enforcement of binding agreements between parties. Generally, the elements of a legally enforceable contract are assent, a valid offer, acceptance, and consideration. Most contract law concepts stem from common law, but some come from other sources, such as the universally adopted ...
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Normile did not have a contract to purchase the property from Defendant because Normile failed to accept the counteroffer before it was revoked. Citation22 Ill.313 N.C. 98, 326 S.E.2d 11 (1985) Brief Fact Summary. Plaintiffs Normile and Segal both attempted to purchase a piece of real estate from Defendant Miller.
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Third Circuit Holds Pennsylvania Law Guarantees a "Real, Live, and Adversarial Hearing. Vol. 134 No. 7 May 2021. Zuckerman v. Metropolitan Museum of Art. Second Circuit Holds that the Holocaust Expropriated Art Recovery Act of 2016 Does Not Preclude Application of Laches Defenses to Nazi-Looted Art Recovery Claims.
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Cite This Work. Agreement case summaries covering formation of a contract, acceptance and termination of an offer. Payne v Cave (1789) - The defendant made the highest bid for the plaintiff's goods at an auction sale, but he withdrew his bid before the fall of the auctioneer's hammer.
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Contract Cases This page provides a list of cases cited in our Contract Law Lecture Notes, as well as other cases you might find useful. It also provides links to case-notes and summaries. (A) Abbey National Bank plc v Stringer Adams v Lindsell Addis v Gramophone AEG (UK) Ltd v Logic Resource Ltd African Export-Import Bank….
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Abstract. Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments.Essential Cases provides you with succinct summaries of some of the landmark and most influential cases in contract law. Each summary begins with a review of the main case facts and decision. The summary is then concluded with expert commentary on the case from the author, Nicola Jackson ...
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There are 7 modules in this course. American Contract Law I (along with its sister course Contracts II) provides a comprehensive overview of contract law in the United States. The course covers most of the key concepts found in a first year law school class. Each lecture is based on one or more common-law cases, integrating legal doctrines with ...
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offer. An enforceable contract is formed when a party accepts that offer and consideration is provided by entering the contest and complying with all of the terms of the offer. Jones v. Capitol Broad. Co., 128 N.C. App. 271, 274, 495 S.E.2d 172, 174 (1998) The evidence in the present case, viewed in plaintiff's favor, tends to show that plaintiff
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OUR CASE-LAW OF CONTRACT: OFFER AND ACCEPTANCE, I.*. THE PRIOR installment moved upon the premise that case-law doctrine in Contract is built around the facts of adjudication, and is likely both to reflect life-conditions and to stay moderately close to them. When in doubt whether a given body of Contract doctrine is case-law doctrine, one very ...
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Introduction . According to Section 2(h) of the Indian Contract Act, 1872, an agreement enforceable by law is known as a contract.The contract law generally concerns rights in personam which means private rights that only affect two private individuals entering into a contract with each other. There are several important concepts in relation to contract law that can be better understood by ...
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Introduction

Notable case laws of Contract Law

Balfour v. Balfour (1919)

Lalman Shukla v. Gauri Datt (1913)

Rose and Frank Co v. Crompton and Brother Ltd (1925)

Harvey v. Facey (1893)

Ramsgate Victoria Hotel v. Montefiore (1866)

Felthouse v. Bindley (1862)

Pharmaceutical Society of Great Britain v. Boots Cash Chemist (1953)

Bhagwandas Kedia v. Girdharilal & Co (1959)

Kedarnath v. Gorie Muhammad (1886)

Durga Prasad v. Baldeo (1880)

Leslie Ltd v. Sheill (1914)

Mohori Bibee v. DharmodasGhose (1903)

Raghava Chariar v. Srinivara (1916)

Donoghue v. Stevenson (1932)

Phillips v. Brooks (1919)

Dunlop Pneumatic Tyre Co Ltd. v. Selfridge & Co (1915)

Hadley v. Baxendale (1854)

Dickinson v. Dodds (1876)

Powell v. Lee (1908)

Merritt v. Merritt (1970)

Conclusion

References

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