Questions tagged [england-and-wales]
Questions specific to England and Wales
931
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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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4
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1
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456
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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 ...
user29362
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1
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60
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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 ...
- 111
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1
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159
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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 ...
- 121
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3
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492
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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 ...
- 61
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2
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196
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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 ...
- 121
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3
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147
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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 ...
user89
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2
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167
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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 ...
user89
2
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1
answer
256
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Why did a landlord buy a tenant's leasehold interest in the landlord's property?
Pls ELI5. The Landlord (Hughes) unmistakably owns the property leased to the lessee (Metropolitan Railway Co). Thus why did a Landlord buy the lessee's leasehold interest in the landlord's own ...
user41775
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1
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46
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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 ...
user89
2
votes
1
answer
80
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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
...
user89
2
votes
2
answers
81
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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 ...
user89
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1
answer
51
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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’...
user89
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1
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40
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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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1k
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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 ...
- 113
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1
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54
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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 ...
user89
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1
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63
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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 ...
user89
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1
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37
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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 Shipping ...
user89
1
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1
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76
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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
...
user89
1
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1
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84
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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 ...
user89
0
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2
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76
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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 ...
user89
2
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0
answers
38
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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 ...
- 504
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2
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221
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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/...
-1
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1
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505
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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.
...
user89
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2
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190
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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 ...
user89
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1
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198
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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 distinction ...
user89
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2
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167
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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 ...
user89
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1
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189
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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 ...
user89
2
votes
1
answer
94
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What does "forensic practicability" mean?
Herring. Criminal Law: Text, Cases, and Materials (8 edn, 2018). p. 728 last para.
By contrast with the House of Lords, the view taken here is that a conviction for a stigmatic
offence is a ...
user89
2
votes
2
answers
66
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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 ...
user89
1
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1
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84
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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 ...
user89
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1
answer
20
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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?
user89
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1
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114
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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, ...
user89
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2
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161
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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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3
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368
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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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65
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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 ...
- 315
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204
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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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459
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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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1
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723
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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 ...
user89
3
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3
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350
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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 ...
user89
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170
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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?
...
user89
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1
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285
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‘I will beat you up next week’ — Why aren't, threats to be violent in the distant future, assault?
Herring, Criminal Law: Text, Cases, and Materials (8 edn, 2018). p. 75
What does ‘imminent’ mean?
The victim’s apprehension must be of imminent harm. It is well established that a threat to be
...
user89
2
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3
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140
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What is the penalty if the British Prime Minister does not seek an Article 50 extension?
The recently-passed European Union (Withdrawal) (No. 2) Act 2019 (a.k.a. the Benn Act or the Surrender Act, depending on one's politics) seems to be unprecedented in that it creates a legal obligation ...
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100
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Is it legal in England to use adjacent road to move building materials to your property?
I'm in this situation. Builders coming to my street (small cul-de-sac) to move bulky building materials to a property that is located on neighbouring street and its garden backs onto my street. They ...
25
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6
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16k
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As an employer, can I compel my employees to vote?
Obviously an employer absolutely can't require employees to vote for any particular candidate (or even to vote for any candidate rather than spoiling their ballot), but if it was included as a clause ...
- 361
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3
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Can a company insist that contract terminations be done over the phone?
This article in The Guardian says:
Virgin Media is one of those companies – Sky is another – that insist customers terminate their contracts verbally, rather than by email or letter. It is very ...
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3
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121
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Can organisations like Extinction Rebellion be sued for costs incurred as a result of them protesting?
If an organisation like ER or specific others are planning to disrupt the airport's operation (re https://www.bbc.co.uk/news/uk-england-london-49509852) and that incurs me financial costs as I may ...
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2
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2k
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Land Registry Clause
I'm trying to understand a clause in a registry of land to determine the owner of an access way. The clause is for property 9.
"Except and reserving to the Transferor a right of way on foot only over ...
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1
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57
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Obtaining an address for servicing notices from my ex landlord
I will be suing my landlord about a week or 2 after I leave, and I am wondering if, from a legal perspective, I can still use the same address for servicing of documents & notices, as on our ...
- 115
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"if the defendant had acted as he ought, the victim would not have suffered" vs. "there's evidence that the victim might not have suffered the harm"
I don't understand the distinctions between the two clauses. Doesn't 42.2 encompass 42.1? Isn't 42.2 broader? Doesn't 42.1 automatically imply 42.2?
Isn't "the defendant had acted as he ought" "...
user89