Case Brief

Title: Baird Textile Holdings Ltd. v Marks & Spencer plc Citation: [2001] EWCA Civ 274 plaintiff: Baird Textile Holdings Ltd Defendant: Marks & Spencer plc Court: Court of kick up 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 days. The plaintiff that the defendant had halt each(prenominal) supply agreements without prior notice on October 19th 1999. as well in accordance to the plaintiffs terms, on that stain was a contract surrounded by them (the plaintiffs) and Marks & Spencer plc (the defendant), the plaintiff wanted to look at damages be receive some(prenominal) army 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 not bad(predicate) relationship between the two companies considered to be a healthy contract between them? Was there discussion on excuse of a contract? Was there an agreement on the elaborate of the relationship that contained sufficient deduction on the establishment of a contract?

Result: The state 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 cre! ate a cause of action. In this case, the wife claimed that the hubby was estopped, or prevented from paying her £ speed of light 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 commute the law. Judge Mance LJ...If you want to get a full essay, fiat it on our website: OrderCustomPaper.com

If you want to get a full essay, visit our page: write my paper