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Landmark Cases in the Law of Contract (2008) is a book by Charles Mitchell and Paul Mitchell, which outlines the key cases in English contract law. Content.
Landmark court decisions, in present-day common law legal systems, establish precedents that determine a significant new legal principle or concept, or otherwise substantially affect the interpretation of existing law. "Leading case" is commonly used in the United Kingdom and other Commonwealth jurisdictions instead of "landmark case", as used ...
Mr Justice Blackburn began his judgement by finding that the agreement between the parties was a contract, despite their use of the term "lease".Under the common law of property in England at the time, under a lease the lessee would obtain legal possession of the premises during the lease period, while the "lease" at issue in this case specified that legal possession would remain with the ...
Balfour v Balfour [1919] 2 KB 571 is a leading English contract law case. It held that there is a rebuttable presumption against an intention to create a legally enforceable agreement when the agreement is domestic in nature.
Fletcher v. Peck, 10 U.S. 87 (1810) A state legislature can repeal a corruptly made law, but the Contract Clause of the Constitution prohibits the voiding of valid contracts made under such a law. This was the first case in which the Supreme Court struck down a state law as unconstitutional. Martin v.
Hochster v De La Tour [1853] EWHC J72 (QB) is a landmark English contract law case on anticipatory breach of contract. It held that if a contract is repudiated before the date of performance, damages may be claimed immediately.
In Manifest Shipping Co Ltd v Uni-Polaris Shipping Co Ltd [1] John Hobhouse, Baron Hobhouse of Woodborough said, . As Lord Mustill points out, Lord Mansfield was at the time attempting to introduce into English commercial law a general principle of good faith, an attempt which was ultimately unsuccessful and only survived for limited classes of transactions, one of which was insurance.
Securities and Exchange Commission v. W. J. Howey Co., 328 U.S. 293 (1946), was a case in which the Supreme Court of the United States held that the offer of a land sales and service contract was an "investment contract" within the meaning of the Securities Act of 1933 (15 U.S.C. § 77b) and that the use of the mails and interstate commerce in the offer and sale of these securities was a ...