Monday, November 4, 2019

English Legal Skills and System Coursework Example | Topics and Well Written Essays - 2500 words

English Legal Skills and System - Coursework Example The flats were substantially completed. This implies that this was less than completion. This means that none of the eight flats was completed and, therefore, no further payment was due. 5. To dismiss the subsidiary argument by the defendant’s counsel, Glidewell LJ applies the authority in relation to a case of Hoenig v. Isaacs [1952] 2 All E.R. 176. In this case, the complainant’s work was to decorate and furnish the defendant’s house for 750 pounds payable as work proceeded and balanced on completion. Plaintiff received 400 pounds and the defendant moved into the house on bases that there were some defects. Some defects were found however, the work was substantially completed. The court ruled that the plaintiff was eligible to be paid the outstanding balance minus the cost of making defected goods or omissions. 6. Russell LJ agrees with the Glidewell LJ’s dismissal of the subsidiary argument since it relates to the defendant’s submission that the complainant deserved the  £10,300 because of the eight houses none had been completed. He agrees with the judge’s findings that there has been the considerable completion and a small amount should be deducted to cover for incomplete and defective items. 7. For the benefit of law to his client, the defendant’s lawyer to support his position argues the complainant was promising to do more than what the subcontract specifies. That is to continue with carpentry work and do it within the stipulated time. He applies the authority based on the principle of law which dates back to a decision made in Stilk v. Myrick. 8. a) According to Glidewell LJ, the doctrine of promissory estoppel cannot be relied upon because the doctrine provides a scenario where a person to a whom a promise is made can seek additional payments for services which he is bound to offer under the existing contract or by promise. He states

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