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Britvic Soft Drinks Ltd v Messer UK Ltd [2002] EWCA Civ 548 is a notable English contract law case, concerning the application of the Unfair Contract Terms Act 1977 in the context of consumer protection and a supply chain.
A state can breach Article 3 by extraditing or deporting an individual to a country where upon their return might be subject to torture, inhuman or degrading treatment or punishment. In Chahal v United Kingdom [1996] [ 20 ] the United Kingdom had initiated deportation proceedings, for national security reasons, on an Indian citizen.
Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd [1953] EWCA Civ 6 is a famous English contract law decision on the nature of an offer.The Court held that the display of a product in a store with a price attached is not sufficient to be considered an offer, and upheld the concept of an invitation to treat.
Comparethemarket allows customers to compare prices on a number of insurance products including car, home, van, life, pet, travel and over 50s insurance. It has also expanded in to the comparison of items that can be switched such as energy/utilities, broadband and digital TV, as well as a range of financial products such as loans, credit cards ...
But concern for fair prices also led to attempts to directly regulate the market. Under Henry III an act was passed in 1266 [3] to fix bread and ale prices in correspondence with corn prices laid down by the assizes. Penalties for breach included amercements, pillory and tumbrel. [4]
The scope of the Directive is rather limited, seeking merely to harmonise rather basic consumer rights across the EU. In the UK, these 1999 Regulations work to render ineffective terms that benefit seller or suppliers against the interests of consumers. They also have provisions specifically covering standard form contracts.
The Supreme Court's ruling in respect of the ambit of the penalty rule represents the clear contrast between Australian and UK contract law. In 2012, the High Court of Australia concluded that a provision can be a penalty even if it is not triggered by a breach of contract. [ 27 ]
The reason is that once the performing party is informed of the anticipatory breach, a duty is then created for the performing party to mitigate damages as a result of the breach. Another situation where anticipatory repudiation can occur is where a party has reason to believe the other party is not going to perform and requests reasonable ...