By Suff, Marnah Suff, Nicholas Bourne

Necessities are written to provide scholars an figuring out of the foundations of every topic. There are references to fresh circumstances, laws and educational articles.

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In Hartley v Ponsonby (1857), nearly half the crew deserted. This discharged the contracts of 21 ESSENTIAL CONTRACT LAW the remaining sailors as it was dangerous to sail the ship home with only half the crew. The sailors were therefore free to make a new bargain, so the captain’s promise to pay them additional wages was enforceable. Exception to the rule in Stilk v Meyrick In Williams v Roffey Bros & Nicholls (1991), the defendants (the main contractors) were refurbishing a block of flats. They sub-contracted the carpentry work to the plaintiff.

19 ESSENTIAL CONTRACT LAW There is no consideration, however, where the promises are vague, eg ‘to stop being a nuisance to his father’ (White v Bluett (1853)) (but cf Pitt v PHH Asset Management above); or illusory, eg to do something impossible; or merely ‘good’, eg to show love or affection or gratitude. It has been argued that, because the latter are invalid, consideration must have some economic value. But it has also been pointed out that economic value is extremely difficult to discern in the other cases cited above.

The court held that the contract was partly oral, and partly written and in such hybrid circumstances the court was entitled to look at all the circumstances. Note The discovery of a collateral contract may overcome the difficulties of oral warranties in written contracts. In City & Westminster Properties v Mudd (1959) a tenant signed a lease containing a covenant to use the premises for business premises only. He was induced to sign by a 32 CONTENTS OF A CONTRACT statement that this clause did not apply to him and that he could continue to sleep on the premises.

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