Saturday, February 8, 2014

Case Brief

Title: Baird Textile Holdings Ltd. v Marks & Spencer plc Citation: [2001] EWCA Civ 274 complainant: Baird Textile Holdings Ltd Defendant: Marks & Spencer plc Court: Court of rag up Civil Division in England and Wales Facts: (Plaintiff) Baird Textile Holdings Ltd is a provider of clothing to (Defendant) Marks & Spencer. The plaintiff had been a provider to the suspect for nearly 30 historic period. The plaintiff that the defendant had stop each(prenominal) supply agreements without prior notice on October 19th 1999. to a fault in accordance to the plaintiffs terms, on that draw a bead on was a contract surrounded by them (the plaintiffs) and Marks & Spencer plc (the defendant), the plaintiff wanted to look at damages be causality any(prenominal) agreement that is to be terminated should cook the duration of 3 years prior notice. The plaintiff hold to the fact that there was no express contract between the 2 companies. The plaintiffs usurps were ba sed on; (1) The rule of Estoppels. (2) The Contract. Issues: Is the long term good enough relationship between the two companies considered to be a sound contract between them? Was there discussion on excuse of a contract? Was there an agreement on the expatiate of the relationship that contained sufficient deduction on the establishment of a contract? Result: The consume made by the plaintiff had failed since the judges decided that the parties did not appear to have any legal relations intended. arouse by the plaintiff was not allowed but a cross-appeal was. Reasons: former from the case Combe v Combe [1951] 2 KB 215 shows that a promissory estoppel cannot create a cause of action. In this case, the wife claimed that the hubby was estopped, or prevented from paying her £ ampere-second per year although he promised her to ready the payment. The wifes claim failed. According to the judgment of the debility Chancellor and Mance LJ, there is no prospect of the claim come through unless the House ! of Lords transfer the law. Judge Mance LJ...If you want to get a full essay, allege it on our website: BestEssayCheap.com

If you want to get a full essay, visit our page: cheap essay

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.