By Suff, Marnah Suff, Nicholas Bourne
Necessities are written to provide scholars an knowing of the rules of every topic. There are references to fresh instances, laws and educational articles.
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Dunlop sued for breach of contract. It was held that even if Day had acted as agents for Dunlop, Dunlop could not enforce the contract as they had not provided any consideration for the promise by Selfridge. See Chapter 10, Privity of Contract. Consideration need not be adequate The court will look to see whether the purported consideration contains any value (see ‘Sufficiency of Consideration’). If it sees that there can be some value, then it will not concern itself with the accuracy of the valuation.
Where a contract has been reduced to writing The terms will normally be the statements incorporated into the written contract (Routledge v McKay (1954)). A contract may, however, be partly oral and partly written (Couchman v Hill (1947)). In Evans & Sons Ltd v Andrea Merzario Ltd (1976), an oral assurance that machinery would be stowed under, not on, the deck was held to be a term of a contract, although it was not incorporated into the written terms. The court held that the contract was partly oral, and partly written and in such hybrid circumstances the court was entitled to look at all the circumstances.
There are two tests. A term may be implied because: • It is necessary to give business efficacy to the contract. In The Moorcock (1889) a term was implied that the riverbed was in a condition that would not damage a ship unloading at the jetty. 35 ESSENTIAL CONTRACT LAW In Wong Mee Wan v Hong Kong Travel Service (1995), it was held that the travel company had undertaken that activities carried out by others, ie ferrying a party across a lake in China, would be carried out with reasonable care and skill.