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Why couldn't the Ministry of Defence fetter its public law powers by promising not to transfer a SAS soldier?
Announcing the arrival of Valued Associate #679: Cesar Manara
Unicorn Meta Zoo #1: Why another podcast?(BC, Canada) Is a contract still enforceable with relation to a new foreign buyer's tax?Can a product's manufacturer attach conditions (such as an arbitration agreement) to the sale of its product by third parties?Does intent affect whether or not repudiation or fundamental breach has occurred?Partial Payment: ramifications under English & Welsh law?Can I take legal action for an unpaid balance without a signed contract?How can one prove that a contract was signed by force?How did 'consideration' semantically shift to mean 'something given in payment'?Invoice from work done years agoIf a company agrees to pay travel cost for a job interview, is the promise binding and enforceable?Why's A's expected profit $.04?
O'Sullivan & Hilliard's The Law of Contract (2018 8 ed).
The red underlines fit para. 31 of the judgment:
- In the present case the price for which R's promise was bought was the forbearance of the MOD to exercise its power to return him to unit. It could not be a promise that he would not be returned to unit, because, as their Lordships have already observed, the Crown was entitled to move him to another regiment and could not fetter its discretion by a contract having effect in private law [emboldening mine]. Whether there were any circumstances in which it could have created a legitimate expectation giving rise to rights against the Crown in public law is a matter which their Lordships need not discuss. But the actual forbearance was in their Lordships' opinion sufficient consideration to support the contract. In Alliance Bank Ltd v Broom (1864) 2 Dr & Sm 289, 292 the bank demanded security for its loan in circumstances in which, as Sir Richard Kindersley V-C said, it would otherwise have enforced payment. It made no promise not to demand payment but:
"the [bank] did in effect give, and the defendant received, the benefit of some degree of forbearance; not, indeed, for any definite time, but, at all events, some extent of forbearance."
contract-law england-and-wales
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O'Sullivan & Hilliard's The Law of Contract (2018 8 ed).
The red underlines fit para. 31 of the judgment:
- In the present case the price for which R's promise was bought was the forbearance of the MOD to exercise its power to return him to unit. It could not be a promise that he would not be returned to unit, because, as their Lordships have already observed, the Crown was entitled to move him to another regiment and could not fetter its discretion by a contract having effect in private law [emboldening mine]. Whether there were any circumstances in which it could have created a legitimate expectation giving rise to rights against the Crown in public law is a matter which their Lordships need not discuss. But the actual forbearance was in their Lordships' opinion sufficient consideration to support the contract. In Alliance Bank Ltd v Broom (1864) 2 Dr & Sm 289, 292 the bank demanded security for its loan in circumstances in which, as Sir Richard Kindersley V-C said, it would otherwise have enforced payment. It made no promise not to demand payment but:
"the [bank] did in effect give, and the defendant received, the benefit of some degree of forbearance; not, indeed, for any definite time, but, at all events, some extent of forbearance."
contract-law england-and-wales
asked 1 hour ago
AntinatalistAntinatalist
1395
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Note that the underlined sentence says "illegitimate", not "illegal" - they may have two very different meanings in this context (eg what is 'illegitimate' may not be 'illegal').
– Moo
41 mins ago
@Moo Thanks! I rewrote the title to fit the judgment.
– Antinatalist
3 mins ago
add a comment |
O'Sullivan & Hilliard's The Law of Contract (2018 8 ed).
The red underlines fit para. 31 of the judgment:
- In the present case the price for which R's promise was bought was the forbearance of the MOD to exercise its power to return him to unit. It could not be a promise that he would not be returned to unit, because, as their Lordships have already observed, the Crown was entitled to move him to another regiment and could not fetter its discretion by a contract having effect in private law [emboldening mine]. Whether there were any circumstances in which it could have created a legitimate expectation giving rise to rights against the Crown in public law is a matter which their Lordships need not discuss. But the actual forbearance was in their Lordships' opinion sufficient consideration to support the contract. In Alliance Bank Ltd v Broom (1864) 2 Dr & Sm 289, 292 the bank demanded security for its loan in circumstances in which, as Sir Richard Kindersley V-C said, it would otherwise have enforced payment. It made no promise not to demand payment but:
"the [bank] did in effect give, and the defendant received, the benefit of some degree of forbearance; not, indeed, for any definite time, but, at all events, some extent of forbearance."
contract-law england-and-wales
asked 1 hour ago
AntinatalistAntinatalist
1395
New contributor
Antinatalist is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
O'Sullivan & Hilliard's The Law of Contract (2018 8 ed).
The red underlines fit para. 31 of the judgment:
- In the present case the price for which R's promise was bought was the forbearance of the MOD to exercise its power to return him to unit. It could not be a promise that he would not be returned to unit, because, as their Lordships have already observed, the Crown was entitled to move him to another regiment and could not fetter its discretion by a contract having effect in private law [emboldening mine]. Whether there were any circumstances in which it could have created a legitimate expectation giving rise to rights against the Crown in public law is a matter which their Lordships need not discuss. But the actual forbearance was in their Lordships' opinion sufficient consideration to support the contract. In Alliance Bank Ltd v Broom (1864) 2 Dr & Sm 289, 292 the bank demanded security for its loan in circumstances in which, as Sir Richard Kindersley V-C said, it would otherwise have enforced payment. It made no promise not to demand payment but:
"the [bank] did in effect give, and the defendant received, the benefit of some degree of forbearance; not, indeed, for any definite time, but, at all events, some extent of forbearance."
contract-law england-and-wales
contract-law england-and-wales
asked 1 hour ago
AntinatalistAntinatalist
1395
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Antinatalist is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
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asked 1 hour ago
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edited 4 mins ago
Antinatalist
asked 1 hour ago
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asked 1 hour ago
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asked 1 hour ago
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New contributor
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Note that the underlined sentence says "illegitimate", not "illegal" - they may have two very different meanings in this context (eg what is 'illegitimate' may not be 'illegal').
– Moo
41 mins ago
@Moo Thanks! I rewrote the title to fit the judgment.
– Antinatalist
3 mins ago
add a comment |
Note that the underlined sentence says "illegitimate", not "illegal" - they may have two very different meanings in this context (eg what is 'illegitimate' may not be 'illegal').
– Moo
41 mins ago
@Moo Thanks! I rewrote the title to fit the judgment.
– Antinatalist
3 mins ago
Note that the underlined sentence says "illegitimate", not "illegal" - they may have two very different meanings in this context (eg what is 'illegitimate' may not be 'illegal').
– Moo
41 mins ago
Note that the underlined sentence says "illegitimate", not "illegal" - they may have two very different meanings in this context (eg what is 'illegitimate' may not be 'illegal').
– Moo
41 mins ago
@Moo Thanks! I rewrote the title to fit the judgment.
– Antinatalist
3 mins ago
@Moo Thanks! I rewrote the title to fit the judgment.
– Antinatalist
3 mins ago
add a comment |
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Note that the underlined sentence says "illegitimate", not "illegal" - they may have two very different meanings in this context (eg what is 'illegitimate' may not be 'illegal').
– Moo
41 mins ago
@Moo Thanks! I rewrote the title to fit the judgment.
– Antinatalist
3 mins ago