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  2. In Poussard v Spies and Pond case if the organiser was paying the same amount to the new singer (what he would have paid the old singer), can he still claim damages? After all he did go through the difficulty of finding a new one. Not to mention the tension he had to go through.

    • In this case, the plaintiff was the artiste claiming that the contract was still valid. The case was lost.

      There was never (so far as I am aware) any counter-claim brought by the organiser.

      Now, if there had been such a claim, would the organiser have won?

      What follows is pure speculation … yes, why not? The organiser has been put to additional trouble and, presumably, expense in trying to secure the services of the replacement performer so could (in my amateur opinion) reasonably claim recompense for those additional expenses

      But that’s just my speculative opinion!

  3. Hello sir, I just want to say you’re absolutely brilliant in explanation..
    I am not gonna go to take the classes anymore.
    I actually feel that the class teacher had literally no idea what he was saying some times, i was absolutely lost.
    by end of each class all students would be feeling like they’ve just go freed from prison, it was just awful and really boring.
    This subject turned from REALLY BORING to REALLY INTERESTING after i started taking your lecturers.
    THANK YOU SIR.

    • Thank you Imran for those kind words 馃檪

      Now please do me a favour? Spread the word about opentuition to your colleagues and fellow students. The more students that register and access the site, the better able we are to expand our service and help even more.

      Thanks

    • Newspaper advert on a bridge over the Silverstone racetrack.

      This is what I found on Google!

      In Express Newspapers Plc v. Silverstone Circuits the English Court of Appeal held that where safety considerations at a motor racing circuit required the demolition of a bridge, a contract permitting a newspaper the exclusive right to advertise its product on the bridge did not afford the newspaper a right to prevent removal of the bridge. In the view of the Court of Appeal the licence to advertise on that bridge was subject to an implied term that the licence would terminate if at any time it became necessary to remove or destroy the bridge, for whatever reason.

      Did you try Google?

      • Yes I don’t know I was getting links of excerpts from the local newspaper that also goes by the name of Express Newspaper. Thanks a bunch!

  6. @ Mr Mike.

    In the course notes i can see the small , fast and multi tracks systems dealing with claims 5,000 , 5000-15000 n > 15000 respectively.

    However , in the June 2013 session there was 1 question on these. The ans was 5000, 5000 – 25000 , > 25000 .

    why this change.?

    Thanks in advance n OT is really good 馃檪

  7. cant seem to distiguish between the ‘bettini’ and the ‘pusaud v space v pond case’ as it relates to conditions and warrantee. intresting way of teaching, by the way! double thumbs up!

    • Bettini – the breach didn’t go to the root of the contract – it wasn’t THAT important that part of the rehearsal period was missed.

      Poussard v Spiers & Pond – the breach DID go to the root – not only was the rehearsal period missed but also the first 2 of the 4 concerts were to be missed as well

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