This sense does not go as far as requiring the election to be exercised reasonably; but it should not be wholly irrational or unreasonable. In one of the subsequent cases on the point, Reichman v Beveridge [2006] EWCA Civ 1659, Lloyd LJ captured the flavour of the case law when he said that the restriction will arise only exceptionally, in circumstances where '[...]' (para 17).
Answer
an election to keep the contract alive would be wholly unreasonable [where] damages would be an adequate remedy, or [where the innocent party] would have no legitimate interest in making such an election
Tags
#contract #law #terms
Question
This sense does not go as far as requiring the election to be exercised reasonably; but it should not be wholly irrational or unreasonable. In one of the subsequent cases on the point, Reichman v Beveridge [2006] EWCA Civ 1659, Lloyd LJ captured the flavour of the case law when he said that the restriction will arise only exceptionally, in circumstances where '[...]' (para 17).
Answer
?
Tags
#contract #law #terms
Question
This sense does not go as far as requiring the election to be exercised reasonably; but it should not be wholly irrational or unreasonable. In one of the subsequent cases on the point, Reichman v Beveridge [2006] EWCA Civ 1659, Lloyd LJ captured the flavour of the case law when he said that the restriction will arise only exceptionally, in circumstances where '[...]' (para 17).
Answer
an election to keep the contract alive would be wholly unreasonable [where] damages would be an adequate remedy, or [where the innocent party] would have no legitimate interest in making such an election
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Parent (intermediate) annotation
Open it or unreasonable. In one of the subsequent cases on the point, Reichman v Beveridge [2006] EWCA Civ 1659, Lloyd LJ captured the flavour of the case law when he said that the restriction will arise only exceptionally, in circumstances where '<span>an election to keep the contract alive would be wholly unreasonable [where] damages would be an adequate remedy, or [where the innocent party] would have no legitimate interest in making such an election' (para 17).<span><body><html>
Original toplevel document (pdf)
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Summary
status
not learned
measured difficulty
37% [default]
last interval [days]
repetition number in this series
0
memorised on
scheduled repetition
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