Questions tagged [england-and-wales]

Questions specific to England and Wales

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83 views

UK - Refunds on digital services

I'm currently working on a business as a sole trader providing scalable servers to clients, they are billed monthly. I'm aware the consumer rights act also affects digital goods, so whats to stop ...
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130 views

Rape video on phone

This question is for England-and-Wales only and relates to criminal Law. If the police were to search a suspect's phone, although I doubt it makes any difference as to whatever the device is, what ...
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1answer
51 views

Is giving incorrect information to reduce an unenforceable “debt” fraudulent?

In a scenario where party A has requested party B pay a sum of money, but party B believes (with good reason) that A has no legal way of enforcing this so-called debt, would it be considered fraud if ...
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1answer
49 views

Does signing for someone else's letter containing a fine make the original recipient liable to the contents of the letter?

I am a UK resident and during a road-trip I made to Italy I (unknowingly) went to a restricted road which I was not allowed to go in. This apparently resulted in me being liable for a fine. However I ...
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2answers
257 views

What happens when evidence comes to light outside the Statute of Limitations period?

I suffered damage as a result of defamation, through a previous employer breaching laws against disclosure of information. I spoke to a lawyer at that time and was told my chances of success were ...
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1answer
36 views

How do I find out if a company I want to claim against has a UK address

I intend to take Norwegian airlines to court to claim for unpaid compensation. This is NOT a question about whether I am entitled or not, I need to know to whom I should address the small claim. The ...
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3answers
73 views

Why would binding someone abolish an exception to the rule that bargains bind?

I don't fathom the emboldening. Who is he and him? The creditor or debtor? Pls see title. Paul Davies. JC Smith's The Law of Contract (2018 2 ed). p 89.       MWB has now been ...
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2answers
79 views

Why's it nonsense that a contractual variation is enforceable if the other side’s obligations are altered trivially, but not otherwise?

What exactly does otherwise mean? What are the other wises? wise means manner/extent. O'Sullivan & Hilliard's The Law of Contract (2018 8 ed). p 106. 5.55 Furthermore, there are several more ...
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1answer
41 views

For what “apparently formalistic procedural reasons” would courts deny potential illegality to continue unchallenged?

I read the judgment on BAILII, but still don't grasp the meaning of the boldening. Bradley, Ewing. Constitutional and Administrative Law (2018 17 ed). p 683.       Claims for ...
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1answer
30 views

Why would estoppel allow officials to play fast and loose with legal rules and the limits of a public authority’s powers, duties or jurisdiction?

I read all three cases in footnote 193, but they don't explain the boldening.       At an earlier time, the courts rejected the use of the private law doctrine of estoppel in easing ...
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1answer
22 views

2 meanings of 'power in Admin Law – 'authority to restrict or take away the rights of others' v 'the capacity to act in a certain way'

See emboldening pls. What are the other differences between the two meanings of 'power'? I don't reckon I spotted any! Isn't (b) just a type of (a)? 'authority to restrict or take away the rights of ...
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2answers
44 views

How does automatic specific enforcement allow claimants 'to sell the right to specific performance for more than the performance's true value to him'?

Mindy Chen-Wishart. Contract Law (2018 6 edn). p 557. Counterpoint The current level of damages awarded is the outcome of balancing the various policies identified in Chapter 13. If we ...
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16 views

Why's it paradoxical that Wrotham Park damages protect the claimant’s performance interest by enforcing a sale of the claimant’s right?

I scanned both pages. Mindy Chen-Wishart. Contract Law (2018 6 edn). p 538. Paradoxically, Wrotham Park damages protect the claimant’s performance interest by enforcing a sale of the claimant’...
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1answer
24 views

Can a schedule be a separate attachment in an email?

I have a contract which refers to schedule 1 which is another document. However in order to be able to add the document referred to in schedule 1 to the same document as my contract, I would need to ...
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2answers
53 views

Can I refer to another contract in a contract?

Should state that I am in the United Kingdom (England specifically if that makes a difference). I have a contract I want to make for a web design job and I have created a contract that lays out the ...
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1answer
21 views

Why did EWCA conclude that Gilchrist Vending v Sedley Hotel Ltd consisted with the principle that nominal consideration sufficed?

I'm asking about the red underline. John D McCamus. The Law of Contracts (2012 2 ed). p. 229 Mountford & Anor v Scott [1974] EWCA Civ 10 (17 October 1974) The third ground of attack on the ...
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1answer
56 views

Is it lawful for some English NHS trusts to stock more kinds of medications than others?

Factual Situation My daughter lives in an area covered by a NHS Trust beneath that's not Oxford. Her migraine can be only treated with a triptan on Oxford's formulary, but not her own area's, like ...
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1answer
22 views

Meaning – relevant clauses contained a carve out in the event of fraud

Richard and Damian Taylor. Contract Law Directions (2019 7 ed). p 356. Application [of Contracts (Rights of Third Parties) Act 1999] to case law The first reported case on the Act, Nisshin ...
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8 views

What are 'defensive’ rights under an exclusion clause?

Richard and Damian Taylor. Contract Law Directions (2019 7 ed). p 356. Application [of Contracts (Rights of Third Parties) Act 1999] to case law The first reported case on the Act, Nisshin ...
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10 views

What does 'a third party takes the benefit of rights' mean?

Richard and Damian Taylor. Contract Law Directions (2019 7 ed). p 356. Application [of The Contracts (Rights of Third Parties) Act 1999] to case law The first reported case on the Act, ...
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12 views

Why did McAlpine (M) sue under the main contract between M and Panatown, rather than under the duty of care deed between M and UIPL?

Richard and Damian Taylor. Contract Law Directions (2019 7 ed). BAILII has Alfred McAlpine Construction Limited v. Panatown Limited [2000] UKHL 43. p 349. Benefits in construction contracts ...
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1answer
46 views

If D leases a house to C for C's promise to renovate it personally, why can't D get specific performance of C's obligation?

Richard and Damian Taylor. Contract Law Directions (2019 7 ed). p 337. The question has arisen whether mutuality needs to have been present from the outset—from the time of entering into the ...
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2answers
47 views

How can loss be difficult to quantify, but be a familiar type for which damages are frequently awarded?

Richard and Damian Taylor. Contract Law Directions (2019 7 ed). pp. 318-319. As to the application of the law to the facts of the case Lord Reed continued by saying, at paras [98]–[99]: I now ...
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27 views

In England & Wales, how much latitude is there in the phrase “at business premises” in VERA S.29(2C)?

In the Vehicle Excise and Registration Act 1994 (as amended), Section 29, Subsection 2C, an exception is made to the offence of using or keeping a vehicle which is unlicensed, "if the vehicle is kept ...
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184 views

Cleaner leaving defamatory messages on fridge - is this a crime?

Come across a situation with a friend of mine which I'm not sure is actually illegal or just really bad practice, they live in university accommodation and while all residents are out one of the staff/...
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42 views

Where would King's Norton Metal Co v Edridge Merrett & Co [1897] fall, under the minority decision in Shogun Finance Ltd v Hudson (2002)?

Where would King's Norton Metal Co v Edridge Merrett & Co [1897] 14 TLR 98 fit in the red branch or columns, under the Minority's decision? The author mentioned it on the left in green, but not ...
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11 views

Where would Boulton v Jones (1857) fall, under the minority decision in Shogun Finance Ltd v Hudson (2002)?

Where would Boulton v Jones (1857) 2 H & N 564 fit in the red branch or columns, under the Minority's decision? The author mentioned it on the left in green, but not on the right in red. ...
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2answers
144 views

If you paid $2.5 for a car that's worth $3 if of the age represented, why would you get (1) an award or (2) loss of bargain damages?

I don't grok the emboldened hypothetical. I simplified the math in the title; dividing prices by 1000 doesn't change factual pattern. If car = 3K if of the age repesented, then Alex got a bargain of ...
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9 views

What pre-conditioned UTCCR 1999's operation, no longer applicable under CRA 2015, rather than be one of the criteria for a particular s.'s operation?

What does "it" refer to? What is "this precondition"? Prof Richard Taylor, Damian Taylor. Contract Law Directions (6 edn, 2019). p 125. 6.6.2 Case law under the UTCCR In order to understand ...
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37 views

Why's it rare for an apparently insignificant term (perhaps labelled as a warranty) to be breached so as to exceptionally cause fateful consequences?

I don't agree with authors below on such factual situations being "probably quite rare"? Did I misapprehend something? I'm thinking of a David-and-Goliath factual pattern, where an airline expressly ...
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1answer
76 views

In Felthouse v Bindley (1862), why didn't the nephew claim?

Prof Richard Taylor, Damian Taylor. Contract Law Directions (6 edn, 2019). p 41. Kindly see the last sentence, emboldened, at the bottom. Acceptance by silence The law often makes a ...
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95 views

Why didn't Carbolic Smoke Ball Co dispute Ms Carlill's alleged proper use of their smoke ball?

In the first-instance judgment [1892] 2 Q.B. 484, Hawkins J wrote "The facts not being in dispute." But how could've Carbolic Smoke Ball Co trusted Ms Carlill's proper use? Perhaps she misused it, or ...
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101 views

If victim consented to sex, then attempted rapist regards plan as failed. Why “[o]nly the most sadistic rapist would have that state of mind”?

Questions I don't ken the two sentences emboldened in below quote. Why "That will be very hard to prove"? If "victim did consent", then there's no rape. I agree it's debauched and sadistic to ...
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30 views

Why isn't drunken mistake distinguished, and divided into involuntary and voluntary?

Herring. Criminal Law: Text, Cases, and Materials (8 edn, 2018). pp. 679-681. Herring moots "drunken mistake" beneath marked by my red stars, but he never distinguishes between involuntary and ...
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49 views

If the evidential onus is shifted to the defendant to displace the complainant's evidential inference; how isn't the burden of proof reversed?

Mindy Chen-Wishart. Contract Law (2018 6 edn). p 349. Kindly see the red underline. How can the 'shift of the evidential onus to the defendant to displace the evidential inference raised by ...
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2answers
52 views

Why would contractual damages be superior to returning defective items?

Mindy Chen-Wishart. Contract Law (2018 6 edn). Scanned p 225. Where the claimant refuses to continue with the contract, the court must decide whether this amounts to rescission (limiting her to ...
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53 views

Why must fully vs. partially enforceable promises be immediately divided?

Please see green underline. Mindy Chen-Wishart. Contract Law (2018 6 edn). p 143.
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1answer
29 views

What means it to divorce enforcement from exchange? Why isn't the proper remedial response obvious?

What do the 1. red and 2. purple underlines mean? Thanks. Mindy Chen-Wishart. Contract Law (2018 6 edn). p 143.
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29 views

Why can the right obtained by giving nominal consideration be less secure, if not negated?

Mindy Chen-Wishart. Contract Law (2018 6 edn). p 121. I read Law of Property Act 1925 s(205)(1)(xxi) quoted, but still don't understand (ii). (xxi) “Purchaser” means a purchaser in good faith for ...
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14 views

How'd parties 'negotiate around the remedy' to 'share the profits (or savings) from breach rather than allow the contract breaker total retention'?

Mindy Chen-Wishart. Contract Law (2018 6 edn). p 24. I don't understand the red sentence. Kindly can someone expatiate it? or give an example with numbers?
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103 views

What meant LJ Denning by “ample content can be given to the notice”?

O'Sullivan & Hilliard's The Law of Contract (2018 8 ed). p. 200. Click here to download judgment. Wikipedia quotes the germane para. In cases where it is clearly a common inn or, indeed, ...
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63 views

privacy and (proxy) voting

X and Y are entitled to vote at a UK company's general meeting. Proxies are allowed and instructions are to be notified to the company office in advance of the meeting. Votes at the meeting are to be ...
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3answers
61 views

Is the description given in sales material for a house binding in the UK?

My partner is currently purchasing a property in England. In the report returned by the solicitor upon completing the searches, it is indicated that the shed and greenhouse are not included in the ...
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14 views

Terms and Conditions between Company & Customer following aquisition [duplicate]

Where a Company (Company A) has been acquired by a new Company (Company B), what happens to Company A's customers contracts in regards the terms and conditions that the customer signed. I am ...
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49 views

Can a company's advertising slogan undermine their own trademark protection?

Growing up in the 70s in the UK, a common brand of glue was UHU®1, and, at least at the time2, this was often advertised with the slogan "Don't say glue, say UHU". If the phrase "Don't say glue, say ...
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1answer
61 views

Are intellectual property indemnity clause, which requires the employee to indemnify the employer, enforceable?

Jurisdiction is England (UK), and it's a clause in an employment contract (permanent). The following question has been posted on reddit, and I happen to be on the same boat. I've been offered a ...
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2answers
205 views

Is it legal for restaurants to use fish in their vegetarian meals?

For many years, I've had to avoid Chinese restaurants and take-aways purely because they sell "vegetarian" choices which contain fish sauce, prawns, squid etc. I appreciate that there is a cultural ...
2
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1answer
79 views

reduce into possession

'reduced into possession' isn't just worded for animals. 'reduce' here doesn't feel like ordinary meaning. What does it mean? I quote Etymonline because legalese can deceivingly use common words ...
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3answers
181 views

s 4(3) Theft Act 1968 — Why is picking wild produce on another person's land not theft?

I don't understand this law. Surmise that a wild berry shrub grows on my back yard that's unfenced. I don't cultivate it or do anything – no watering. I invite my piano student to my house – thus no ...
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1answer
69 views

Offences Against the Person Act 1861 — How is Section 18 , in at least one respect broader than Section 20?

I don't understand the bold text in the OATPA 1861. How is s. 18 "in at least one respect, broader than section 20"? Are there more respects than just "one respect"? How many exactly? What are they? ...