e.g. FW Maitland, Township and Borough (1898) 30-31 and O Gierke, Political Theories of the Middle Ages (1900) translated with an introduction by FW Maitland. From Das deutsche Genossenschaftsrecht (1881) vol 3, §11, 'Die publicistischen Lehren des Mittelalters'.
See generally, George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd [1982] EWCA Civ 5, per Lord Denning MR, 'the freedom was all on the side of the big concern which had the use of the printing press. No freedom for the little man who took the ticket or order form or invoice. The big concern said, "Take it or leave it." The little man had no option but to take it.'
See Fisher v Bell [1961] 1 QB 394 and Pharmaceutical Society v Boots Cash Chemists [1953] EWCA Civ 6, both of which appeared to turn more on whether a criminal statute should create liability for a shopkeeper, at a time when a literal approach to interpretation of legislation was followed.
See Adams v Lindsell [1818] EWHC KB J59 and S Gardner, "Trashing with Trollope: A Deconstruction of the Postal Rules in Contract" (1992) 12 Oxford Journal of Legal Studies 170. Historically a post officer was the agent of the recipient of letter, who would often pay for receiving it. Giving a letter to the postman or putting it in the postbox was construed as communicating acceptance at the time of posting.
[1884] UKHL 1. This followed Pinnel's case (1602) 5 Co Rep 117a, from an age where, without any modern bankruptcy law, there was great concern that crafty debtors might hold their creditors to ransom.
Heilbut, Symons & Co v Buckleton [1912] UKHL 2, [1913] AC 30, 50–1, Lord Moulton, 'The intention of the parties can only be deduced from the totality of the evidence.'
[1956] EWCA Civ 3, [1956] 1 WLR 461. See also Olley v Marlborough Court [1949] 1 KB 532, where Denning LJ held a notice behind a door to a washbasin in a hotel guest's room was not prominent enough to exclude the hotel's liability for failing to prevent a thief stealing Mrs Olley's fur coat.
Anomalously, given that employment contracts are to be intellectually segregated from the law on general contracts, Gisda Cyf v Barratt [2010] UKSC 41, [39], the doctrine against payment for insubstantial performance was deployed in the 1980s against trade union members who through industrial action worked 3 hours less than their 37-hour week, or refused to answer telephone enquiries from their employers but were otherwise at work.Miles v Wakefield MDC [1987] AC 539 and Wilusynski v London Borough of Tower Hamlets [1989] ICR 493. This is reminiscent of Cutter v Powell [1795] EWHC KB J 13, where a widow could recover no wages on behalf of her husband who died aboard a ship bound back from Jamaica but who had given service for most of the voyage.
[1972] EWCA Civ 8. Compare the privity case, Jackson v Horizon Holidays Ltd [1975] 1 WLR 1468, which held a husband could recover disappointment damages on behalf of his wife and children.
[1854] EWHC Exch J70. Compare the Uniform Commercial Code, 2-715, "Consequential damages... include any loss... which could not reasonably be prevented by cover or otherwise."
Note C & P Haulage v Middleton [1983] EWCA Civ 5, [1983] 1 WLR 1461, where expenses of Mr Middleton's improvements to a property could not be recovered given that he did so of his own accord.
See Barton v Armstrong [1973] UKPC 2, [1976] AC 104, where Mr Armstrong tried to "strong-arm" Mr Barton into paying him a large golden parachute to exit a business by getting his goons to make death threats to Barton's family. Even though Barton was tough, and would have probably done the payout regardless, he could avoid the agreement.
See Daniel v Drew [2005] EWCA Civ 507, [2005] WTLR 807, where the Court of Appeal held that a nephew who threatened his old Auntie Muriel with court proceedings if she did not reduce his rent as a beneficiary allowed was actual undue influence. This is the same as duress. Cf US Restatement (Second) of Contracts 1979 §176Archived 6 July 2010 at the Wayback Machine
cf Gallie v Lee [1970] UKHL 5, [1971] AC 1004, where an old lady who had broken her glasses was still bound to a contract in which she had conveyed her house away to her nephew's shady business partner, even though she had been deceived into thinking the document was merely for a gift to the nephew. Such cases were decided before statutory intervention was introduced to cut out all unfair terms, and the law on undue influence was tightened in favour of vulnerable people.
e.g. HIH Casualty and General Insurance Ltd v Chase Manhattan Bank [2003] UKHL 6, [16] e.g. per Lord Bingham, "It is clear that the law, on public policy grounds, does not permit a contracting party to exclude liability for his own fraud in inducing the making of the contract." This rejects Janson v Driefontein Consolidated Mines Ltd [1902] AC 484, Lord Halsbury, arguing that courts cannot 'invent a new head of public policy.' E McKendrick, Contract Law (2009) 269, Lord Halsbury’s approach 'is no longer generally accepted.' See also Richardson v Mellish (1824) 2 Bing 229, 252, Burroughs J, public policy is 'a very unruly horse, and when once you get astride it you never know where it will carry you'. cf Enderby Town Football Club Ltd v The Football Association Ltd [1971] Ch 591, 606, per Lord Denning MR 'with a good man in the saddle, the unruly horse can be kept in control. It can jump over obstacles.'
See also, the Unfair Contract Terms Bill (2005) Law Com 292Archived 19 April 2009 at the Wayback Machine, in clause 4(5) says price "does not include any amount, payment of which would be incidental or ancillary to the main purpose of the contract".
See Daniel v Drew [2005] EWCA Civ 507, [2005] WTLR 807, where the Court of Appeal held that a nephew who threatened his old Auntie Muriel with court proceedings if she did not reduce his rent as a beneficiary allowed was actual undue influence. This is the same as duress. Cf US Restatement (Second) of Contracts 1979 §176Archived 6 July 2010 at the Wayback Machine
e.g. FW Maitland, Equity. Also the forms of action at common law (1910). O Gierke, The Social Role of Private Law (1889) translated in (2018) 19(4) German Law Journal 1017
See also, the Unfair Contract Terms Bill (2005) Law Com 292Archived 19 April 2009 at the Wayback Machine, in clause 4(5) says price "does not include any amount, payment of which would be incidental or ancillary to the main purpose of the contract".
See Daniel v Drew [2005] EWCA Civ 507, [2005] WTLR 807, where the Court of Appeal held that a nephew who threatened his old Auntie Muriel with court proceedings if she did not reduce his rent as a beneficiary allowed was actual undue influence. This is the same as duress. Cf US Restatement (Second) of Contracts 1979 §176Archived 6 July 2010 at the Wayback Machine
