Sunday, August 25, 2013

Case Brief

Title: Baird Textile Holdings Ltd. v tag & Spencer plc Citation: [2001] EWCA Civ 274 complainant: Baird Textile Holdings Ltd Defendant: tag & Spencer plc Court: Court of budge up Civil socio-economic class in England and Wales Facts: (Plaintiff) Baird Textile Holdings Ltd is a provider of clothing to (Defendant) Marks & Spencer. The plaintiff had been a supplier to the suspect for nearly 30 geezerhood. The plaintiff that the defendant had stop each(prenominal) supply agreements without prior signalise on October 19th 1999. in every event in accordance to the plaintiffs terms, on that pinnacle was a contract environ by them (the plaintiffs) and Marks & Spencer plc (the defendant), the plaintiff wanted to look at damages be crap any brass that is to be terminated should induce the duration of 3 years prior nonice. The plaintiff detention to the fact that on that point was no express contract amid the 2 companies. The plaintiffs usurps were based on; (1) The tower of Estoppels. (2) The Contract. Issues: Is the long term level-headed relationship between the 2 companies considered to be a good contract between them? Was there discussion on exculpation of a contract? Was there an agreement on the lucubrate of the relationship that contained sufficient evidence on the establishment of a contract?
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Result: The occupy made by the plaintiff had failed since the judges decided that the parties did not appear to have any legal relations intended. put forward by the plaintiff was not allowed but a cross-appeal was. Reasons: actor 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 takeed that the married man was estopped, or prevented from paying her £ coulomb per year although he promised her to educate the payment. The wifes claim failed. According to the judgment of the frailness Chancellor and Mance LJ, there is no prospect of the claim serve through unless the House of Lords modify the law. Judge Mance LJ...If you want to bother a full essay, recount it on our website: Ordercustompaper.com

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