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  2. i have been having problems with my ACCA as i could not find lectures in this country. Open tuition saved my life.It is so easy to understand! i wish i could listen to it everywhere i go. Thank you so much Mike and the whole team….

      • During revision, I came across an exam question you mentioned in one of the contract law lectures – it was the one with the heroic swimmer that saved a the child from drowning.
        I would not have chosen to respond using the W v Carwardine case, instead I would have argued that at the time he decided to rescue the child, the only thought was just that and it was only after the fact that he remembered the reward re R v Clarke.

        Using that argument, would I still get some marks for such a response?

        (My first exam – and I am so nervous)

      • And this is still not the Ask the Tutor page!

        Yes, that’s a reasonable argument and would most likely earn you some marks. It would have been an even stronger answer if you had gone both ways and quoted R v Clark as well as Williams v Carwardine

        But it’s all academic now since the change in the format of the exam. There’s now no opportunity to show off your knowledge of cases, sadly :-(((

  4. Dear Mike,
    During revision, I came across an exam question you mentioned in one of the contract law lectures – it was the one with the heroic swimmer that saved a the child from drowning.
    I would not have chosen to respond using the W v Carwardine case, instead I would have argued that at the time he decided to rescue the child, the only thought was just that and it was only after the fact that he remembered the reward re R v Clarke.

    My question is, would I have still gotten the marks for such an answer?

  5. Hi Mike, as in the case of Beswick v Beswick- Just confirming that the decision by the House of Lords also mean that the legal representative of the dead person can be sued to enforce contracts that the dead person had entered into.

    Reverse the scenario. The uncle is purchasing a business from the nephew. The Uncle pays a sum unfront and the balance he agrees to pay $6 /wk until he dies, then the wife will pay $5/wk until she dies. The only person that signed/agreed to the contract was the uncle and nephew. Since the aunt become the legal rep, she can be sued for the remaining $5/wk. This would only be enforceable though if she is appointed the uncle’s legal rep.

    • I think the practicalities of giving the widow the obligation of paying £5 per week after husband’s death would only stand up where she herself was also a signatory to the contract.

      I think that I’m correct in saying that the court would not enforce this arrangement upon the widow.

      Imagine, if I enter into a contract to buy a house and within the deal I write that, after my death, Shanna shall pay £100 per month but you don’t even know that your name has been used in a contract, do you think that the court would find you liable?

      I think not

  6. If two people enter into a contract for some goods or service. One of them died after fulfilling his obligation i.e. (delivering goods or performing service), can his inheritors sue the other person for payment?

    • This is an illustration of Lord Denning at his best. Clearly the nephew was not playing fair with his aunt, the widow of the coal merchant uncle.

      So Denning changed the rules! He made the only moral decision he could and then recommended the nephew to take his case on appeal to the House of Lords (now called the Supreme Court)

      The law lords had two choices – they could either overturn Denning’s decision that was patently the fair decision or they could, by process of extreme mental acrobatics, find a way in which Denning’s decision could be justified

      And that’s what they did. A legal representative of a deceased person is able to sue to enforce contracts entered into by the deceased.

      It’s good sense. When I die, if someone owes me money through a contract into which I entered before death, it’s common sense that my lpr should be able to recover money for my estate

      Ok?

  9. Mike your lectures a brilliant, However I am wondering that as the F4 exam has become partly MCQ do we still have the need to remember all the past case names for the new F4 Exam from December 2014.

    • No need now to remember case names!

      Pity really, they were fun

      PS in future, if you want a reply from the tutor, post your question on the “Ask the tutor” page – it was only by chance that I saw this!

  10. Good morning Mr Mike Little, please explain to me again that point of Doctrine of promissory estoppel, a bout the 1250 pound why the land lord didn’t get them back. Secondly a bout the creditors waiving the a mount so the business to continue operating. Under the exceptions to the rule in Pinnels case what if the creditor takes his money and supply the goods to other companies or he has to continue supply his commodities to only that particular company.

    • When a promise is given, and acted upon, the person making the promise is not allowed subsequently to go back on that promise. High Trees House case merely illustrates the point

      Creditors in an arrangement collectively agree with the administrator to accept a lower amount than was due to them and that agreement is then binding on all the creditors (so long as >75% in number and value voted in favour of the arrangement)

      I don’t understand your last point, sorry

  19. very true,he makes law very intresting.i had not very clear concepts of contract but wen i started listening to his lectures,i feel,i am far better than earlier.i just want to know,if i could get some tips regarding cambridge law peper.i am doing a level and i am taking law as a seperate subject so i have got much more than acca topics included.i have my contract paper after two days and i want to score a decent grade.looking forward to your reply.thanks.

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