The collection
Cases
Landmark and modern judgments, distilled to facts, issues, judgement and significance — 67 summaries across 7 pages.
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Balfour v Balfour [1919] 2 KB 571
The seminal authority establishing the rebuttable presumption that domestic and social agreements are not intended to be legally binding.
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Central London Property Trust v High Trees House Ltd [1947] KB 130
The famed “High Trees” case — Denning J revives promissory estoppel as an exception to consideration.
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Centrovincial Estates plc v Merchant Investors Assurance Company Ltd [1983] Com LR 158
A foundational authority for the objective theory of agreement — an unambiguous, accepted offer binds despite a subjective mistake unknown to the offeree.
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D & C Builders v Rees [1965] 2 QB 617
The protective function of the part-payment rule — promissory estoppel will not rescue a promise extracted by unfair pressure.
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Edwards v Skyways [1964] 1 WLR 349
The leading authority for the strong presumption of legal intent in commercial agreements — “ex gratia” is not enough to rebut it.
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Foakes v Beer [1884] UKHL 1
The seminal House of Lords authority that part payment of a debt is not satisfaction for the whole.
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Hartog v Colin & Shields [1939] 3 All ER 566
The seminal authority for the “snapping up” doctrine: an offeree with actual knowledge of a material mistake in the offer cannot enforce the bargain.
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MWB Business Exchange Centres Ltd v Rock Advertising Ltd [2016] EWCA Civ 553
The Court of Appeal extends the practical-benefit principle to part payment of a debt — “avoiding a void” as consideration.
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Merritt v Merritt [1970] 1 WLR 1211
The primary authority for rebutting the domestic presumption: separated spouses bargaining at arm’s length intend their arrangements to be binding.
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Re Casey’s Patents [1892] 1 Ch 104
A major exception to the rule that past consideration is insufficient to form a binding contract.