Tagged: Contract Law
Of course, what Eoin O’Dell is too courteous to point out is that it is not an attractive human feature to try to avoid paying, or properly paying, for a service, but that is a vain complaint in the knowledge that some people contract, through the internet, with anonymous suppliers of drugs…
Solicitors acting for land/building purchasers deliver “Requisitions on Title” to the vendors. The requisitions are direct questions addressing a range of issues of possible concern. Now that there is little or no conveyancing to be done it would be best to look at the process now and again to keep it fresh in the mind of the profession.
At McGarr Solicitors we will advise on the questions to be asked by creditors at the meeting and will attend to represent the interests of creditors if asked to do so.
Secondly, the criminal parties to the arrangement with Michael Woods knew of their crimes; he, presumably, did not. Even if he did, an agreement to suppress the State’s obligation to prosecute crime or to relieve the perpetrators of liability in whole or in part for those crimes would be contrary to public policy. The agreement, far from being binding, would be unenforceable.
“Overbooking” involves the sale of more “product” than a trader can supply (usually on the principle that some consumers will cancel).
As the court noted, there was not a clear contract in writing agreed between the parties. (Drawings and specifications were not sufficient to meet the need).
Sam Goldwyn (of Metro-Goldwyn-Mayer, the US film producers) said of oral contracts, that they were not worth the paper they were written on. He was right, because of the lack of certainty they embody. Inevitably the two interlocutors making the “oral contract” will have differing recollections of the terms agreed. Litigation on such a contract is an unpredictable gamble.
Jerry Yang of Yahoo did not need to read the judgment of the House of Lords in Walford v Miles (1992) 2 AC 128 to appreciate the principles of commercial negotiations.
The judgment did not deal with the liability of the insolvent contractor, who, the evidence showed, had entered into a loan agreement with the architects, following the awarding of the work to the contractor, for the loan of £10,000 to them, without the knowledge of the Employer/Plaintiff.