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Question: It is clear that any civilised system of law is bound to provide remedies for what has been called unjust enrichment, or unjust benefit, that is, to prevent a man from retaining the money of, or some benefit derived from, another which it is against his conscience he should keep.' (Lord Wright in Fibrvsa Spolka Akcynja v Fairbairn Lawson Combe Barbour Ltd (1943).)

How does English law attempt to provide such remedies? Does it do so satisfactorily?

Answer: English law has been slow to develop remedies of the kind mentioned by Lord Wright. This is in part because the kinds of situations in which such remedies are necessary do not...


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Details: - Mark: 68% | Course: Contract Law | Year: 2nd/3rd | Words: 1658 | References: No | Date written: February, 1998 | Date submitted: April 27, 2009 | Coursework ID: 534

Question: Most situations where either or both parties enter into a contract on the basis of a mistake of fact can presently be dealt with quite satisfactorily by the remedies for misrepresentation. There are very few situations where the doctrine of mistake has any practical role to play.

Answer: It is certainly true that there are situations where a contract made on the basis of a mistake of fact also involves a misrepresentation. A clear example would be where one of...


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Details: - Mark: 68% | Course: Contract Law | Year: 2nd/3rd | Words: 1618 | References: Yes | Date written: December, 2001 | Date submitted: March 27, 2009 | Coursework ID: 463

Question: 'The doctrine of promissory estoppel cannot be regarded as casting doubt on the decision in Foukes v Beer (1884). If that case were to occur today, the House of Lords would decide it in exactly the same way.' Discuss.

Answer: Foakes v Beer (1884) concerned an action to recover interest on a judgement debt. Mrs Beer had obtained judgement against Dr Foakes. They made an arrangement under which Dr Foakes was to...


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Details: - Mark: 68% | Course: Contract Law | Year: 2nd/3rd | Words: 1294 | References: No | Date written: Not available | Date submitted: March 17, 2009 | Coursework ID: 457

Question: Which two aspects of the doctrine of consideration are most incongruent with common sense and commercial practice? Should this area of law accord with common sense and commercial practice?

Answer: It is generally accepted within the law of contract that the ideal[s] of contractual fairness and liberty should prevail in contractual disputes. Central to these ideals is the doctrine of consideration and...


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Details: - Mark: 68% | Course: Contract Law | Year: 2nd/3rd | Words: 3406 | References: Yes | Date written: Not available | Date submitted: October 13, 2008 | Coursework ID: 70

Question: “The doctrine of frustration challenges the validity of the fundamental principle of pacta sunt servanda.” Discuss.

LLB Law Single Honours

Answer: Introduction The principle of pacta sunt servanda refers to private contracts, which contains clauses between the parties, and this implied that non-fulfillment of respective obligations is a breach of the pact. As...


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Details: - Mark: 67% | Course: Contract Law | Year: 1st | Words: 1778 | References: Yes | Date written: March, 2013 | Date submitted: April 02, 2014 | Coursework ID: 846

Question: The doctrine of consideration

‘The doctrine of consideration has attracted much criticism on general and on particular grounds. It has been said that the doctrine is an historical accident ... and that it can easily be evaded, e.g. by the device of nominal consideration. ...

The doctrine can also cause inconvenience where the law for some reason treats a promise as not being supported by consideration even though the parties reasonably regard it as having been made for value. This is particularly true in the existing duty cases, and in the cases on part payment of a debt.’

Edwin Peel, Treitel The Law of Contract (Sweet and Maxwell 2011) p169

In light of the above statement, and with reference to decided case law, discuss whether the continued existence of the doctrine of consideration in English contract law is justifiable.

Deadline: 5.00pm Monday 12 November 2012 Word Limit: 2,500

Answer: Consideration is the most important principle in English Law determining the enforceability of a contract. Traditional analysis is that some benefit or detriment must be demonstrated. Lush J in Currie v Misa...


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Details: - Mark: 67% | Course: Contract Law | Year: 2nd/3rd | Words: 2105 | References: Yes | Date written: November, 2012 | Date submitted: November 27, 2013 | Coursework ID: 798

Question: [2001] UKHL 44 the House of Lords stressed that in cases involving undue influence, particularly involving banks lending money to husbands and wives, the wife should have access to “independent legal advice”. Discuss whether this is sufficient to safeguard the legitimate interests of wives.

Answer: Royal Bank of Scotland v Etridge, was a case that involved appeals of eight cases. Whereas the facts of each case were different however, their grounds of appeal were similar. Each case...


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Details: - Mark: 67% | Course: Contract Law | Year: 1st | Words: 845 | References: Yes | Date written: April, 2006 | Date submitted: August 28, 2009 | Coursework ID: 530

Question: 1. Discuss the concept of a contract. 2. Explain the objective test and give examples of cases where the principle was particularly relevant.

Answer: Young (1997, pg 1) defines a contract as “an agreement (usually between two people) giving rise to obligations which are enforced or recognised by law” . The Law of Contract in England...


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Details: - Mark: 67% | Course: Contract Law | Year: 1st | Words: 1541 | References: No | Date written: Not available | Date submitted: February 18, 2009 | Coursework ID: 288

Question: 1- Discuss on what basis a contract is deemed to be valid. 2- Select at least three terms that could appear in a contract with an artiste and explain the significance to the company. 3- Assess the validity of two clauses included in an artistes contract.

Answer: The Oxford Dictionary of law describes at Contract as “ A legally binding agreement. Agreement arises as a result of offer and acceptance, but a number of other requirements must be satisfied...


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Details: - Mark: 67% | Course: Contract Law | Year: 2nd/3rd | Words: 3751 | References: Yes | Date written: February, 2005 | Date submitted: February 18, 2009 | Coursework ID: 278

Question: ‘Consideration there must still be but in my judgment the courts nowadays should be more ready to find its existence so as to reflect the intention of the parties to the contract where the bargaining powers are not unequal and where the finding of consideration reflects the true intention of the partie.’ (Williams v Roffey Bros & Nicholls (Contractors) Ltd., 1990, per Russell LJ). Assess this view. Does it leave any useful function for the doctrine of promissory estoppel?

Answer: The doctrine of consideration provides the principal criterion of contractual liability in the common law: a promise made by one party to another is not binding as a contract unless it is...


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Details: - Mark: 67% | Course: Contract Law | Year: 2nd/3rd | Words: 2750 | References: Yes | Date written: Not available | Date submitted: February 17, 2009 | Coursework ID: 267


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