Weekly review: 10th – 14th December 2012

Contract: subject to contract

Whether the parties have objectively formed an intention to contract is a question of fact in each case. An agreement ‘subject to a proper contract’ may well not be contractually binding. Whether the recipient of a deposit is entitled to keep it is a question of the agreement made concerning the deposit (Chillingworth v Esche)

Trust: breach of trust: loss

It is not enough to show that a trustee has acted in breach of trust. It is also necessary to show that that breach has resulted in some loss (Man Ping Nam v Man Fong Hang)


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