What Problem Was the Contract (Rights of Third Parties) Act 1999 Intended to Solve, and Has It Succeeded?

On the one hand it is evident that terms implied at common law can be ‘implied in law’ or ‘implied in fact’. Terms implied as a matter of fact are said to give effect to unexpressed intentions of the

Proprietary estoppel, on the other hand, is a “legal bar preventing a (first) party from denying another (second) party's right in first party's property where the second party has incurred costs in that property to its detriment”. Proprietary estoppel, like other types of estoppel, is not a remedy in itself but a tool to raise “estoppel equity”, on the basis of which the court is able to decide on the type of remedy that this equity will satisfy. Similarly to the need for the element of common intention for the purpose of establishing a constructive trust, there is a need for the establishment of an active or passive assurance on the part of the defendant that leads to some form of consequential detriment on the part of the claimant when acting in reliance on that assurance. Thus, there must be a causal connection between the actions undertaken by the claimant and the initial assurance on the part of the defendant. The extent and the nature of the detriment suffered by the claimant, however, appears to be substantially more flexible than that necessary to find the existence of a constructive trust. For example, in Inwards v Baker [1965], such detriment amounted to the improvement of the defendant’s land, while in Gillett v Holt [2001] it was manifested in both financial and personal detriment. Yet unlike in most cases involving common intention constructive trusts, in neither of

Your managing partner has handed you the Supreme Court of Queenslands’ decision in The Public Trustee of Queensland and Anor v Meyer and Ors [2010] QSC 291 and asked you to answer the following questions. You should assume you are answering questions for someone who has not read the case, so be sure to provide sufficient detail in your answers. You do not need to provide reference details for Part A of the assignment.

It is argued, that the imposition of this rigid structure would only undermine the settlor’s wishes and result in the courts finding the trust to be administratively unworkable. It has been stated in Re Manisty’s Settlement “that a power cannot be uncertain merely because it is wide in

It is agreed by many, if not all, that the compensatory principle is the ruling principle in breach of contract

Held: At least in relation to insurance policies, and almost certainly in relation to contract of indemnity generally, where the evidence is that third parties were in the contemplation of the principal, then those third parties can enforce the contract. That was the

Analyse how the court will classify these types of contractual terms in the business scenarios given below with reference to their meaning and effects. Explain how your you arrive at each conclusion by evaluating the effects of the different terms and citing the relevant case law or statutes

Equity has been described as a ‘mysterious creature’ that lies distinctly alongside the common law. In considering the statement, there is an almost linear reversal in which the remedies in equity procure a type of right not necessarily available in the common law. This peculiar jurisdiction has created consistent controversy especially in regards to the fusion of the common law and equity. To understand further, this essay will consider the relationship between equity and the common law. The development of equity alongside the common law through its history and intention, and application in case law will be imperative in the discussion of the statement. In conjunction with an analysis of fusion, it will become apparent that equitable damages were enlivened, separate to, in unfair circumstances where no rights/damages existed within the common law. In trying to tread the murky waters of the distinction yet the procedural fusion of equity and common law, the contention of this essay becomes apparent. Effectively, this essay aims to highlight that the history, intention, application and fusion fallacies regarding equity, all which point to an assertion that rights in equity are indeed the product of its remedies. Whether they are merely ‘two streams of jurisdiction, though they run in the same channel, run side by side and do not mingle their waters’, is yet to be seen.

Contracts, business, and laws are three simple little words, but when put together they have a substantial impact on our everyday lives. Below we will discuss three case studies. The first case is between Chris, Matt, and Ian vs. Donald Margolin, who was injured when he used an aftershave lotion that he bought off the internet called Funny Face. The second case is between Sam, his landlord, and a national chain store. Sam is being accused of conducting business from his apartment and going back on a verbal promise. In the last case is two lifelong friends who decided to join in a partnership and open up a sporting goods shop. Therefore, before the appropriate court can proceed with the first case, the court should take into several considerations around the rules of jurisdiction, alternative dispute resolution (ADR), and whether or not corporation/or corporate offices can be held for the criminal or potential act. In the second case before the court can rule the court should determine the various elements of a valid contract, if a quasi-contract exists, a promissory estoppel, and the rights an obligation of a tenant would prevail on Sam 's claims. Finally, in the third case between Jeb and Josh, they should determine the type of business entity that will overall protect their business and personal needs.

To fully understand the impact of Williams v Roffey Bros & Nicholls Ltd [1989] on the doctrine of consideration, its is important to examine the doctrine more closely. Traditionally, modern English law has largely abandoned the benefit/detriment analysis and prefers the definition provided by Sir Federick Pollock that “consideration may be defined as an act of forbearance of one party, or the promise thereof, being the price for which the promise of the others is

Certainty of Objects, following the other certainties of Intention and Subject-matter, happens to be a complex part of an express trust. The prime reasoning behind its complexities should be the 'tests' that requires to be satisfied in determining the certainty of object. This immensely varies between fixed trusts, mere powers and discretionary trusts. This essay will argue that even though different tests were deployed from the courts for trusts and powers in certainty of objects has been well served in recent decades, making it fair and equitable as much possible. Furthermore, the essay will also look at the limitations of a power and trust regarding the width of a beneficiary class which makes a trust or power invalid.

In today’s English law, freedom of contract is one the foundation of contract law. The existence of freedom of contract requires three main considerations: the freedom to

Introduction: In this assignment I will go over a few legal terms in relation to contract law. I will also talk about a few precedents that help explain the law.

The case of Donoghue v Stevenson created a definition of a ‘neighbour’ towards a duty of care in negligence within the bounds of an indirect causal link without the added implication of a willful act or inherently dangerous goods. This provided a mechanism for a third party to go beyond the doctrine of privity and sue even if not a direct party to a contract.

In Privy Council decision Attorney-General of Belize v Belize Telecom (Belize thereafter), Lord Hoffmann in delivering the leading judgment, assimilated the implication of term and contractual interpretation resulting in the well-known traditional tests: “business efficacy” and “officious bystander” merely as auxiliary role in discovering the the objective intention of the contract. Even though the Belize test has long been accepted by the English and the New Zealand courts, Singapore court seems to have reservations. A great deal of debate surrounds the issue as to the roles of the Belize test to be afforded to two