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19 June 2008 / Stephen Gold
Issue: 7326 / Categories: Features , Civil way
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Civil way: 20 June 2008

Wishy-washy contracts the cohabitation splits the unilateral notice to quit new domestic violence PD

BEWARE THE KILLER

Uncertainty of terms. It is a killer. It killed in Lee-Parker v Izzet (No 2) [1972] 2 All ER 800. In that case, there was an agreement for the sale of a house “subject to the purchaser obtaining a satisfactory mortgage”. Mr Justice Goulding held that this was a condition precedent to the existence of a binding contract and that it was void for uncertainty. “Everything is at large, not only matters like the rate of interest and the ancillary obligations on which evidence might establish what would be usual or reasonable, but also those two most essential points—the amount of the loan and the terms of repayment.”

And in Schweppe v Harper [2008] All ER (D) 311 (May) the parties made an oral agreement that if the claimant obtained third party finance which led to the defendant obtaining an annulment of his bankruptcy then the defendant would pay the claimant £50,000. But the terms

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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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