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Extra resources for ACCA F4
Example text
Eg in RW Green v Cade (unreasonable to impose a time limit of 3 days for complaints about seed potatoes since defects might not be discovered until after growth). (c) Sched. 2 guidelines. Egs are: ● bargaining strength of the parties ● inducements ● whether the buyer knew or ought to have known of the existence and the extent of the term ● ability to insure. Recommendation: read through the case St Albans City Council v International Computers Ltd: it is a useful illustration of the Schedule 2 guidelines on the reasonableness test.
Thus enabling HT to fill up the block. Once the war was over the CA dealt with the following questions: 1. Could CLP claim for the head-rent forgone during the war years? YES/NO 2. Could CLP now claim the full originally agreed head-rent for the future? YES/NO Further points: ● The debtor must have acted fairly – D & C Builders v Rees (creditor not estopped because debtor took unfair advantage of creditor’s parlous financial situation). ● The doctrine may operate merely to suspend the creditor’s rights.
Enforceable. 4. ……....... of the court. 5. ”. 6. “D..................... defeats the Equities”. Equity it would must cause come undue with E&SQ 31, E&SQ 32 & E&SQ 33 2. 58 The same discretionary guidelines apply to the ordering of an injunction. However, an injunction can be given of a contract of personal service unless this would be tantamount to specific performance – Page One Records Ltd v Britton. org CHAPTER 4 – LAW OF CONTRACT: BREACH DOCTRINE OF PRIVITY You must (i) understand the meaning of the doctrine, and (ii) learn the important exceptions to the doctrine.