2023년 2월 6일 월요일

What was the case law from English case Blackpool and Fylde Aero Club Ltd v Blackpool Borough Council?

Blackpool and Fylde Aero Club Ltd v Blackpool Borough Council [1990] is an English contract law case that dealt with the issue of consideration in contract formation. In this case, the defendant, Blackpool Borough Council, had granted the plaintiff, Blackpool and Fylde Aero Club Ltd, an exclusive right to provide flying instruction and to use Blackpool Airport. The plaintiff claimed that the defendant was in breach of contract by granting a similar exclusive right to another company. The court held that the defendant was not in breach of contract, as the plaintiff had not provided any consideration for the grant of the exclusive right. The court found that the grant of the exclusive right was a gratuitous promise and was not enforceable as a contract, as there was no consideration given in return. The Blackpool and Fylde Aero Club Ltd v Blackpool Borough Council case established the principle that consideration is a fundamental requirement for the formation of a contract in English law. The case confirmed that for a contract to be enforceable, there must be a sufficient exchange of promises between the parties, with each party giving consideration for the promises made by the other.

댓글 없음:

댓글 쓰기