Tiered of your job

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I used an example form literature to make a point that has absolutely nothing to do with law.....clearly way over the top........:doh


However out of interest , the stated contract case you mention was later negated to a greater degree by Brogden v's Metropolitan Railway 1876-77. So does subsequent silence give agreement or consent ?

Furthermore the general consensus regarding the Felthouse job is that in fact it actually ruled that you cannot enforce an individual to make a rejection of an offer then subsequently presuming that absence to be acceptance (very similar as in man for all seasons) Thats pretty much it.

Therefore as it doesnt directly state so, it does not rule carte blanch that silence does not give consent. A common misunderstanding of that case I am led to believe and the basis of many good good criminal and civil debates I would have thought.

All good shit :D but still nothing to do with the context of my non legal comparison to English literature.

Brogden was more concerned with an ongoing contract, deemed to have started by the House of Lords when the first load of coal was delivered, rather than the one-off, admittedly quasi-tortious, question of acceptance in Felthouse. Cheshire, Fifoot and Furmston explain it as;

'Silence is usually equivocal as to consent and the uncle's letter did not render the nephew's failure to reply unequivocal since failure to reply to letters is a common human weakness'

This view later found support in Allied Marine Transport Ltd v Vale Do Rio Doce Navegacao SA, The Leonidas D [1985] 2 All ER 796 courtesy of the great lawlord, Lord Goff.

Nice to meet you, mate. Always good to find someone for a good debate. :cool:
 
Nice to meet you, mate. Always good to find someone for a good debate. :cool:

Like wise ;)


I would love to continue this debate in the manner any fee earning legal would until the judge stopped it (aka a mod if theyre not down the pub:augie) but I'm trying to work out my new blackberry :doh got to be done for tomorrow.
 
Like wise ;)


I would love to continue this debate in the manner any fee earning legal would until the judge stopped it (aka a mod if theyre not down the pub:augie) but I'm trying to work out my new blackberry :doh got to be done for tomorrow.

No worries mate, I have a Tort tutorial to prepare for tomorrow anyway :doh
 
Like wise ;)


I would love to continue this debate in the manner any fee earning legal would until the judge stopped it (aka a mod if theyre not down the pub:augie) but I'm trying to work out my new blackberry :doh got to be done for tomorrow.

PM me yr ID Mr Sadsack.....:lol
 
certainly will, no probs once I know what youre on about and what it does :D:lol

Is that the blackberry messenger thing? how do I find my id?

well theres a technical shortcut but i prefer manual mode.....its on the box LOL. a mixture of digits and alpha, about 7-8 characters I think.....it lets you message other BB users,

what one ya got then? I have the 8900 Curve - hope you didn't get the Storm,wife has one, it sucks....

got yer email and facebook connected yet?
 
I got the 9700. I was due upgrade, went after a nokia e72 but they wouldnt do them on the early upgrade.

However vodaphone must have an excess of 9700s in stock because after a minimal amount of hagling they did it on a tarrif that was superb. The only one who came near was o2 and they only manage that through a pain in the butt rebate system.

I agree about the storm, couldnt get away with it. I like the qwerty keyboard set up. I know one bod who sent the strom back and one who swapped an older bb for it and regrets it.

Ive actually knocked £5 off my monthly tariff, got the same minutes but more texts and internet plus a groovy new handset. Well chuffed.

email.......just sorted

facebook and other apps............hey up..one thing at a time please :D:D:D
 
I got the 9700. I was due upgrade, went after a nokia e72 but they wouldnt do them on the early upgrade.

However vodaphone must have an excess of 9700s in stock because after a minimal amount of hagling they did it on a tarrif that was superb. The only one who came near was o2 and they only manage that through a pain in the butt rebate system.

I agree about the storm, couldnt get away with it. I like the qwerty keyboard set up. I know one bod who sent the strom back and one who swapped an older bb for it and regrets it.

Ive actually knocked £5 off my monthly tariff, got the same minutes but more texts and internet plus a groovy new handset. Well chuffed.

email.......just sorted

facebook and other apps............hey up..one thing at a time please :D:D:D

luddite! :lol:lol:lol
 

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