Contract Law | Contract Attorneys

Contract Law Cases

Agreements to agree cannot be enforced without a mechanism.
Silence (something left out of a contract) is not as bad as an agreement to agree.  Blanks can be filled-in in various ways
Walford v. Miles
•    Addresses a question – whether an agreement to negotiate is enforceable
•    Is there such a thing as an enforceable agreement to negotiate?
•    […]

Contract Law Termination

London Drugs
•    The bailor sueing the bailee in negligence (tort)
•    The most obvious way to invoke the contractual defence is to show that one is a party to the contract.
o    Must determine whether the employees were parties to the contract.
o    On what legal theory can we make the employees party to the contract?
•    3 standard […]

Contract Law Rights

Privity
•    If C is a stranger to a contract between A & B, then C must fail legal action
•    In a contract between A & B in which C is a beneficiary, the A-B contract contemplates C.  C is still a third party, but not a stranger – is actually named in the agreement.
o    Beneficiary […]

Law of Contract

Exception Clauses p. 838
•    Warranty, in its technical meaning, is a sub-contract
•    It has a technical meaning
o    Close reading; strict construction
•    Wallis v. Pratt – “warranty” did not apply to exclude the implied statutory “condition” of the Sale of Goods Act that products must correspond to their description.
o    ¶5 - exclusion of “any warranty of […]