The Cavendish "LawCards" conceal the vast diversity of topics to be had at the undergraduate legislations programme, in addition to at the CPE/Diploma in legislation direction. each one ebook is an entire, pocket-sized advisor to key examinable components of the legislation syllabus. Their concise textual content, hassle-free structure and compact layout lead them to really compatible as revision aids for selecting, knowing and committing to reminiscence the salient issues of every subject.
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Extra resources for Cavendish: Contract Lawcards
In Curtis v Chemical Cleaning Co (1951), the plaintiff signed a ‘receipt’ when she took a dress to be cleaned, on being told that it was to protect the cleaners in case of damage to the sequins. In fact, the clause excluded liability for all damage. Held – the cleaners were not protected for damage to the dress; the extent of the clause had been misrepresented and therefore the cleaners could not rely on it. 54 CAVENDISH LAWCARDS • ‘Non est factum’ (see p 106, below). Contained in an unsigned document (ticket cases) • This must be seen to be a contractual document.
In these cases, the implication is not based on the presumed intention of the parties, but on the court’s perception of the nature of the relationship between the parties, and whether such an implied term was reasonable. • In Liverpool CC v Irwin (1977), the tenants of a block of council flats failed to persuade the court to imply a term that the council should be responsible for the common parts of the building on the Moorcock or ‘officious bystander’ test, but succeeded on the basis of the Lister test, that is, the term should be implied in law in that the agreement was incomplete, it involved the relationship of landlord and tenant and it would be reasonable to expect the landlord to be responsible for the common parts of the building.
In that case, the contract included an express clause that the 49 CONTRACT LAW • By the intention of the parties. The court must ascertain time for payment of instalments was ‘of the essence of the contract’. An accountant had contracted to hire a computer for five years, agreeing to make an initial payment and 19 quarterly rental payments. He was late in paying some instalments, and the owners terminated the agreement, recovered possession of the computer, and claimed damages not only for the arrears, but also for loss of future instalments.