DURESS AND UNDUE INFLUENCE

These doctrines both provide a means for an individual to avoid an already concluded contract. These doctrines operate where the individual has been forced or coerced into a contract by threats, unfair pressures or unreasonable influences. The justification for these ...

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MISTAKE

The significance of the contract being void will be analyzed in detail later in this chapter, but the essential characteristic of a void contract is that there is no choice of the parties whether or not to void the contract, ...

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MISREPRESENTATION

A misrepresentation is a form of statement made prior to the contract being formed. There are two types of statement that can be made before a contract forms, these will either: Form part of the contract Not form part of ...

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THE DOCTRINE OF FRUSTRATION

The doctrine of frustration discharges both parties from their contractual obligations where following the formation of the contract, performance of the contractual obligations become either: Impossible; or Radically different Essentially, what the doctrine of frustration allows for is a remedy ...

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A DISCHARGE OF OBLIGATIONS

A discharge of obligations means that parties to the contract are no longer liable for any terms of the agreement, and no further promises may be enforced. Here are the three main ways this can occur: Agreement - a mutual ...

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MUTUAL EXCHANGE

Mutual exchange – where social housing tenants can effectively “swap” homes – is sometimes the only reasonable option available to tenants wanting to move, including those affected by the bedroom tax. Here are 10 ways landlords and housing providers can ...

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LOCAL AUTHORITIES IN HOUSING

Local Authorities (Councils) owe a variety of obligations imposed by law to those who occupy (or who might occupy) accommodation provided by the Council. These duties will be examined with particular reference to four categories of person: The Homeless; Asylum ...

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PRIVITY OF CONTRACT

Introduction Commercial transactions of the modern times are no longer confined to individuals or simple sale-purchase deals.  With the multiplicity of parties on one hand, and the various stages of performance on the other, contemporary commercial contracts have become a ...

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WHAT MAKES AN OFFER

The first requirement of a legally binding agreement is that there is an offer. One party is the offeror, who presents the offer, and one party is the offeree, who is the potential acceptor of the offer. The case of Storer v Manchester City ...

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ALTERNATIVE CONTRACTUAL REMEDIES

Damages place an obligation on the defendant to pay damages instead of performing their obligations under the contract, which is all very helpful, but sometimes damages might not be an appropriate remedy. Take the following situation: Party A sees an ...

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