Download Commercial Law (Briefcase) by Michae Connolly, Michael Connolly PDF

By Michae Connolly, Michael Connolly

The Briefcase sequence is the ideal better half. each one identify offers concise experiences of the main suitable and critical circumstances inside each one topic, drawing out the $64000 ideas and precedents. The Briefcase sequence is ideal for college kids on undergraduate or CPE/Diploma in legislations classes.

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Two days later the mistake was discovered and the company was informed that permission has been refused. The company cancelled the order for machinery and incurred no expense in doing so. The company claimed that the council were estopped from denying planning permission. Held although the company acted in reliance on the notice they had not done so to their detriment: they were no worse off than if the mistake had not been made. Unless the third party alters his position to his detriment, he cannot claim under apparent authority, which operates as an estoppel.

See Treitel, The Law of Contract, 9th edn, 1995, pp 633–35 (by analogy to vicarious liability in tort); Hornby [1961] CLJ 239 (‘apparent ownership’); Fridman, Law of Agency, 7th edn, 1996, pp 69–76 (a form of actual implied authority); Goodhart and Hanson (1931) 4 CLJ 320, p 326 (‘pure estoppel by conduct’) and Fishman (1987) 19 Rutgers LJ 1 (inherent agency power). 5 For other commentary on Watteau v Fenwick see, as well as the above, Collier [1985] CLJ 363; Goode, Commercial Law, 2nd edn, 1995, pp 173–74; Fridman, ‘The demise of Watteau v Fenwick’ (1991) 70 Can Bar Rev 329 and Bowstead and Reynolds on Agency, 16th edn, 1996, pp 416–19.

The promoters were held personally liable on the contract. Note Section 36C(1) of the Companies Act 1985 provides that unless otherwise agreed, the agent shall be personally liable on any contract purportedly made on behalf of a non-existent company. Newborne v Sensolid (GB) Ltd (1953) CA Leopold Newborne (A) was forming a company to be called ‘Leopold Newborne (London) Ltd’ (P). He agreed to sell some tinned ham to 17 BRIEFCASE on Commercial Law Sensolid (T), and signed the contract ‘Leopold Newborne (London) Ltd’ with his name underneath.

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