Case Brief

Title: Baird Textile Holdings Ltd. v Marks & Spencer plc Citation: [2001] EWCA Civ 274 complainant: Baird Textile Holdings Ltd Defendant: Marks & Spencer plc Court: Court of compact up Civil Division in England and Wales Facts: (Plaintiff) Baird Textile Holdings Ltd is a provider of clothing to (Defendant) Marks & Spencer. The complainant had been a supplier to the suspect for nearly 30 long time. The plaintiff that the defendant had halt each(prenominal) supply agreements without prior nonice on October 19th 1999. to a fault in accordance to the plaintiffs terms, on that eyeshade was a contract surrounded by them (the plaintiffs) and Marks & Spencer plc (the defendant), the plaintiff wanted to look at damages be antecedent any(prenominal) line of battle 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 well-grounded relationship between the two companies considered to be a juristic contract between them? Was there discussion on acknowledgment 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 conduct 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 create a cause of action. In this case, the wife claimed that the hubby was estopped, or prevented from paying her £ degree Celsius 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 transform the law. Judge Mance LJ...If you want to get a full essay, enunciate it on our website: BestEssayCheap.com

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