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Contract (Undue influence (O'Flanagan v Ray Get actual undue influence…
Contract
Undue influence
O'Flanagan v Ray Get actual undue influence, one business partner sick with cancer, deal to transfer share if died to other partner agreed in pub
McMackin v Hibernian Bank young girl just of age, living with widowed mother. Mother gets loan, daughter acts as guarantor, presumed undue influence - no independent legal advice
Amadio son misled his parents who had poor english about effect of mortgage - unconscionable bargain
Carroll & Carroll v Carroll sisters challenged father transferring house to brother, one solicitor for father and son - not adequate
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Damages
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Heads of Losses
Reliance Loss - incurred expenditure (security, venue, tickets) Anglia Television v Reed (actor pulling out of role)
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Duress
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Delay
North Ocean Shipping v Hyundai Construction Co fixed price contract, the builder of the vessel demands extra 10 percent or ship won;t be delivered - contracts already entered for ships use - got ship 7 month delay before seeking recovery - no longer under economic duress
economic duress
Atlas Express v Kafco - defendant company made baskets, plaintiff entered contract to deliver the baskets but under priced the job, asked for higher price or the baskets wouldn;t be delivered - economic duress had occurred
Rogers v Iaraclo outstanding invoices, agreed to pay lower figure, argued that only paid it because he was ill and needed wages - wages ruled part of everyday business - issue not created by the deal - no duress
Frustration
Business ventures
Hearne Bay Steam Boat v Hutton defendant chartered steamboat to view Naval review - cancelled when King fell ill - fleet remained at anchor - no frustration -not foundation of contract - still view fleet and enjoy cruise
Krell v Henry - plaintiff let rooms overlooking place where coronation scheduled to take place - cancelled due to Edward VII being sick 0 use was for private intention - no express reference to coronation in contract - deposit paid - balance owed - contract frustrated - whole purpose of contract was to view the procession
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Taylor v Caldwell hall rented for concert, burnt down 0 discarded on grounds of frustration
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Specific performance
Ryan v Westminster Chambers Association - apartments no porter - no specific order would require constant supervision
Warner Bros v Nelson actress banned from making films with studios other then Warner Bros - doesn't require superivsion
Mistake
Unilateral Mistake
Ingram v Little 3 elderly ladies selling only significant asset (fraudster agrees to purchase car, gives name and address, is checked and they match, contract void (elderly ladies v business man)
Lewis v Avery student selling car to fund studies, fraudster buys it, gave ID for movie studios, purchaser accepts cheque -initial sale valid - intention to enter contract with person in front of you - not fundamental enough mistake to render contract void
Philips v Brooks fraudster pretends to be wealthy individual, gives name and address which match, buys jewellery with cheque - then sold of - court held -initial mistake not fundamental enough to render contract void (intended to enter contract with person in front of you) - not fundamental enough
Shogun Finance hire purchase of car, no face to face interaction, Id for MR Patel and signed as Mr Patel - contract void - only intending to enter contract with Mr PAtel
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