Tuesday, September 25, 2007

The Suffolk Fire Experience - Doc 460 Lowestoft Fire Station Annual Charity Bonfire

Interested in other Suffolk Firefighter tales then check out “The Suffolk Hyde Affair” athttp://thesuffolkhydeaffair.blogspot.com/


Attachment- Re Legal Status
Given to DO. Colin Hodge by Y, 12th February 1999 1800 hrs Grievance meeting Officers Mess Lowestoft.

The agreement made between ADO Fuller and Ff Y constituted a CONTRACT and a legally binding agreement.

AGREEMENT arises as the result of an OFFER and ACCEPTANCE.


OFFER
ADO Fuller offered acting/temporary to Ff Y for the duration of LFf Browns sickness?

ACCEPTANCE
Ff Y accepted ADO Fuller’s offer to act/temp for the duration of LFf Brown’s absence.

There must be CONSIDERATION
The PRICE for which the PROMISE is bought.
ADO Fuller Ff Y

E.G.
Ff Y promised to act up on the understanding that it would be for LFf Brown’s entire sickness duration.

CONSIDERATION DOCTRINE
4 Principles

1. The promise must have economic value E.G. Ff Y undertook Junior officer duties. GOOD CONSIDERATION did not apply.

2. It was no Ff Y’s normal duties.

3. The promisee’s have not changed. ADO Fuller was the CFO’s agent.

4. Ff Y has executed the consideration entirely.

LEAGAL RELATIONS WERE CREATED = CONTRACT.

When the agreement was made between ADO Fuller and Ff Y both parties intended the agreement would be honoured.

CAPACITY TO EXERCISE CONTRACT EXISTED.
Ff Y is capable of LFf duties, ADO Fuller was Station Commander.

CONTACT COMPLIED WITH LEGAL REQUIREMENTS.
In writing.
Oral understanding.
Implied.

CONTRACT IS LEGAL.
Agreement made was not prohibited by statute.

2 STRANDS TO Ff Y's LOSS.
1. Economic
Wages from now till return of LFf Brown.

2. Insult
Failure to consult, failure to honour contract, stress of grievance procedure and detriment from non-application of status quo.
Failure of normal civilised behaviour to negotiate proper notice.
False grounds to terminate contract.
Victimisation.
Breach of contract (repudiation by words and action)
Repudiation entitles the injured party to sue for damages and losses sustained.

AFFIRM.
To treat contract as still in existence, therefore continue to wear bars. Lapse of time without seeking a remedy may be treated as affirmation

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