Contract Law | Indemnity and Guarantee

GREEV vs. KETTLE

GREEV vs. KETTLE Key Words: mutual mistake in guarantee, estoppel, rectification Facts: Defendant Company (S), in consideration of Plaintiff Company’s (C) giving credit to principle debtor (D), guaranteed the payment of debt, which was stated in deed to be secured by ‘validly issued shares in Company’. Though both S and C believed this fact to…

Basic Principles of Contract | Contract Law

Saunders v. Anglia Building Society

Saunders v. Anglia Building Society [1970] 3 All ER 961 (non-est factum principle) PRINCIPLE: In order for the defense of non-est factum to succeed, the person must show that the transaction which he signed was essentially different in substance or in kind from the one which he purported to sign. Earlier it was thought that this defense could not…

Basic Principles of Contract | Contract Law

M/s Motilal Padampat Sugar Mills v. State of Uttar Pradesh & Ors.

M/s Motilal Padampat Sugar Mills v. State of Uttar Pradesh & Ors. 1979 SCR (2) 641 (Promissory Estoppel) FACTS: Government of UP announced to give tax exemption from sales tax for three years to all new industrial units of the state. Based on this, plaintiff sought confirmation from Director of Industries who reiterated the decision…