Chappell & Co. Ltd. v. Nestle Co. Ltd. [1960] AC 87 (Condition v. Consideration, adequacy of consideration) FACTS: C were owners of copyright of a tune called ‘Rocking Shoes’ and N were manufacturers of chocolate who were selling to the public these records in return for 1s6d and three wrappers of chocolate bars manufactured by…
Wood v. Lucy 118 N.E. 214 (1917) (Consideration, Implied Promise S.9) Facts: Lucy, a fashion designer, employed Wood who was to have an exclusive right to market her endorsements on products. In return, she was to have one-half of all profits or revenues that are derived from any contracts he might take. Wood accused Lucy…
Balfour v. Balfour [1919] 2 KB 571 (Consideration-Intention to create legal relations) Facts: A husband was employed in Ceylon. He returned with his wife to England on leave, but she was unable to go back to Ceylon with him due to medical reasons. He consequently promised orally to make her an allowance per month until…
CITATION(S): [1977] EWCA Civ 9, [1979] 1 WLR 401, 1979 UK 1 All ER 965 FACTS: The sellers of a machine (Butler Machine Tool Co. Ltd.) made an offer (on 23rd May) to the buyers (Ex-Cell-O Corporation) for selling a machine worth a fixed price, subject to certain terms and conditions (T&C), amongst which two prominent ones were: Those T&C shall prevail…
ENTIRE AGREEMENT CLAUSE CITATION: [2006] EWCA Civ 69 FACTS Two English companies entered into a contract whereby one party, an employment agency (“the Agency”), undertook to supply labor personnel and cleaning equipment to the other party (“the Customer”) for a fixed period of time. The written contract contained a clause stating that during the period of…
ENTIRE AGREEMENT CLAUSE CITATION: [2000] 2 Lloyds Rep 611 FACTS The parties to a lease of a tied public house entered into an agreement for a lease containing a restriction requiring the tenant to obtain its beer from nominated suppliers. The agreement for lease contained an acknowledgement that ‘this agreement… constitutes the entire agreement between the…
CITATION: [1895] 2 QB 366 FACTS Plaintiff shipped on the defendant’s ship an estimated quantity of wheat from Rotherhithe in the port of London to Gosport in Portsmouth. The words, “full and complete” which preceded the word “cargo” in the printed form of charterparty had been struck out. The charterparty contained the usual exception of…
Badri Prasad v. State of Madhya Pradesh & Anr. 1969 SCR (2) 380 (Ascertainment) FACTS: The appellant (A) entered into a contract in respect of certain forests and became entitled to cut teak trees with some specifications.[1]After a legislation[2] vesting the estate in the State, A was prohibited from cutting timber in exercise of his…
Kalka Prasad Ram Charan v. Harish Chandra AIR 1957 All 25 (Section 54(2) of Sale of Goods Act, Right of an unpaid seller, Right to lien) FACTS: Harish (H) entered into a contract for sale of 67 thans of silk with Kalka Prasad (K) (a partnership firm). 10 thans were delivered immediately. Delivery of the…
Beale v. Taylor [1967] 3 All ER 253 (Sale by Description, Section 13 of Sale of Goods Act) FACTS: Taylor published an advertisement to sell a car describing it as “white, 1961, herald convertible….” Relying on that description Beale came to see the car. Since he did not have a licence, he did not actually…
Digamber Pershad Kirti Prasad v. State of Uttar Pradesh & Ors. AIR 1996 All 1 (Section 2o and 26 of Sale of Goods Act) FACTS: Digambar Pershad, D got the contract of felling trees and collecting timber through an agreement to sell. D commenced the work of felling trees. All the trees were felled, sawn…
Cox v. Hickman Facts Benjamin Smith and Josiah Timmis Smith carried on business as iron workers and corn merchants under the name of B Smith & Son. They owed a lot of money to the creditors and a meeting took place, amongst whom were Cox and Wheatcroft. A deed of arrangement was executed by more…