Contract Law | Contract Attorneys

Contract Law Lessons

Foakes v. Beer (missed last class – interviews)
•    Why doesn’t the ruling in this case come under pre-existing duty?
•    Why do we need a separate rationale?
o    We do not need the rule from Foakes v. Beer – equally analysable under pre-existing duty
o    Separate island of jurisprudence all to itself, very similar to pre-existing duty rule
o    […]

Contract Law Requirments

[It’s been awhile…]
page 311 – review Foakes v. Beer
…long line of sorrows springing from this case…
•    Pinnel’s Case:  A debtor’s promise to pay a creditor a lessor sum is not consideration
•    Foakes v. Beer not altogether satisfactory – note that judges both express sheepishess at their ruling.
•    Note 1 page 311 – Mercantile Law Amendment […]

Contract Law Terms and Conditions

Damages
•    When discussing non-pecuniary damages (pain and suffering; loss of state of mind; etc.) law tends to view these heads of loss with suspicion.
o    Though jurisprudence says we will compensate for these, it awards these damages somewhat… begrudgingly.
•    Addis v. Gramaphone Co. – page 99 held that an employee that had been wrongfull dismissed was […]

Contract Law Remidies

Assignment #2 – “major” research essay.  Due March 13th (tentative).
Will settle on questions in the next week.  Can suggest our own topics.
Read commentary on Dec. exam on TWEN.  Can see Bell about your particular exam.  Would like to see anyone who did ‘poorly’.
Remedies
•    In our legal trad. we usually do not give the victorious plaintiff […]

UK Contract Law

Tilden
•    The P here could have read the contract, but did not
•    How does he win?  He does not win on the theory that he went to trial on, but another.
o    He wins on the court’s reasoning that (¶s 13 & 14) an essential part of the test is whether the other party entered into […]