Friday, March 29, 2013

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 conjure 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 supplier to the suspect for nearly 30 years.
The plaintiff that the defendant had stopped each(prenominal) supply agreements without prior notice on October 19th 1999.
besides in accordance to the plaintiffs terms, on that point was a contract surrounded by them (the plaintiffs) and Marks & Spencer plc (the defendant), the plaintiff wanted to look at damages because any arrangement 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 based on;
(1) The rule of Estoppels.
(2) The Contract.

Issues:
Is the long term good relationship between the two companies considered to be a legal contract between them?
Was there discussion on justification of a contract?
Was there an agreement on the details of the relationship that contained sufficient deduction on the establishment of a contract?

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Result:
The claim 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 £100 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 modify the law. Judge Mance LJ...If you want to get a full essay, order it on our website: Ordercustompaper.com



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