LAWS 3003 Lecture Notes - Lecture 4: Specific Performance, Contract, Forum Selection Clause
Document Summary
Week 4: when contractual obligations arise part iii: Cases removed from the midterm: toronto dominion bank v. leigh instruments ltd. (trustee of) (bp 255, pao on v. lau yiu long (bp 180, williams v. roffey (bp 188, re selectmove ltd. (bp 201, m. (n. ) v. A. (a. t. ) (bp 246: royal bank v. kiska (bp 259) In addition, most countries have laws stating that the post is not liable for lost mail, this becomes problematic for using them as an agent. Brinkibon, located in london, telexed their acceptance of a contract offer to purchase steel from stahag. Brinkibon, alleging breach, wanted to serve the respondent with a writ claiming damages for breach of contract in england, but stahag stahl claimed they were not under british jurisdiction. The lower courts found for stahag stahl, saying the contract was created in austria and thus, the claim had to go through austrian courts. Appeal dismissedthe contract is made when the acceptance is received.
