Contract Law - Consideration

Principle	Case Name / Definition
Definition of Consideration	Reciprocal benefit and detriment
something of value in the eyes of the law moving from the promisee	Thomas v Thomas
the price for which the promise of the other is bought (adopting a definition from Pollock's Principles of Contract)	Dunlop v Selfridge
Consideration must be given in return for the promise (Detriment alone is not enough)	Combe v Combe
Consideration must be sufficient (of some value) but need not be adequate (of equal value)	Chappell v Nestle
Past consideration is not good consideration	Roscorla v Thomas Re McArdle
Exception to Past Consideration	Lampleigh v Braithwait Re Casey's Patents Pao On v Lau Yiu Long PC
Consideration must move from promisee	Tweddle v Atkinson
Sufficiency of consideration a. A public duty imposed by the general law	Collins v Godefroy
Sufficiency of consideration a. A public duty imposed by the general law (exception) if the promisee undertakes to do more than that which he is legally bound to do	England v Davidson Glasbrook Bros v Glamorgan CC
Sufficiency of consideration b. Performance of a Contractual Duty owed to the Promisor	Stilk v Myrick HL - no Hartley v Ponsonby HL - yes Willaims v Roffey CA [1991] - yes if practical benefit
Glidewell LJ criteria in W v R	- if a person, who is already entitled to the benefit of the contract (provide goods / services) - promises a further sum - in order that the contract be performed as originally agreed - and they (the promisor) obtain a practical benefit as a result of giving the promise - then the performance of the existing contractual duties on the promisee’s part might amount to sufficient consideration - as long as the promise was not given as a result of economic duress or fraud
Economic duress	arises where one party uses a superior economic power in an illegitimate way, so as to coerce the other contracting party to agree to a particular set of terms
modern test for economic duress	DSND Subsea v Petroleum Geo Services 1. Pressure 2. the effect of which is compulsion or lack of practical choice 3. which is illegitimate; and 4. which is a significant cause including the claimant to enter the contract
Economic duress may render a contract voidable if it amounts to a coercion of the will which vitiates consent	Per Lord Scarman in Pao On v Lau Yiu Long
Examples of Economic duress	Atlas v Kafco (absence of practical choice) The Atlantic Baron (not protest for 8 months - meant the contract had been affirmed) The Universe Sentinel (purpose of the threat (blackmail) was illegitimate) CTN Cash & Carry v Gallagher (acting in good faith)
The innocent party, promisor, is entitled to rescind the contract. This right can be lost if they delay.	The Atlantic Baron
Sufficiency of consideration c. Performance of a Contractual Duty owed to a 3rd party	Shadwell v Shadwell
Part Payment of Debt	Pinnel v Cole (exception - giving something else, pay earlier, pay different location, etc) Foakes v Beer HL D & C Builders v Rees CA - use if cheque for lower amount not good consideration for the whole debt
Lord Blackburn - prompt payment of a part of their demand may be more beneficial to them than it would be to insist on their rights and enforce payment of the whole	Foakes v Beer HL
Refused to extend W v R to apply to part-payment of a debt cases (bound by Foakes v Beer HL)	Re Selectmove (CA)
Promissory Estoppel Lord Denning - although a promise to accept less than was due was not supported by consideration, the promise could be used to found a defence and the creditor could be estopped from insist on his strict legal rights	Central London Property Trust Ltd v High Trees House Ltd
Lord Cairns - starting point - Lord Denning uses it	Hughes v Metropolitan Railway
Promissory Estoppel 1. Clear promise that existing rights will not be enforced	Woodhouse v Nigerian Produce
2. The promisee must have 'altered his position' in reliance on the promise made to him	Hughes v Metropolitan Railway
3. It must be inequitable for the promisor to go back on his promise and insist on his strict legal rights	D & C Builders v Rees
PE can only be used	as a shield and not a sword
Usually suspensory	Hughes v Metropolitan Railway
sometimes partially extinguish	High Trees, Tool Metal v Tungsten, Collier v Wright

Contract Law - Offer and Acceptance

Guys, after pursuing 4 CCIEs I would like to study something different.  While I am still in the IT career, I am doing a bit of legal study now and I have prepared some notes myself for my examination.  This is one of the table that I've made for my own revision listed out the case summaries and the related principles for Offer and Acceptance in Contract Law.

Principle	Case Name / Definition
Agreement is assessed objectively	Storer v Manchester City Council, CA [1974] Lord Denning - In contracts you do not look into the actual intent in a man's mind
Requirement of Offer and Acceptance	Gibson v Manchester City Council, HL [1979]
Gibson Principle (must know)	The court will analyse the existence of agreement in terms of Offer and Acceptance unless there are "exceptional circumstances".
Definition of Offer (must know)	An indication of a willingness to be bound on certain terms
Definition of Acceptance (must know)	Final and unqualified assent to the terms of the offer
Famous unilateral offer case	Carlill v Carbolic Smoke Ball Co - CA [1893]
Unilateral offer	Only one party makes a promise. The offeree performs some act as acceptance which need not be communicated to the offeror
Definition of Invitation to Treat	An invitation from one party for the other party to make an offer
Display of Good: Bilateral Offers	Pharmaceutical Society of GB v Boots [1953]
Advertisment (Hen)	Partridge v Cittenden [1968]
Display of Goods in Shop (Knife)	Fisher v Bell [1960]
An offer must be ...	communicated to the offeree, no exceptions
An offer may be withdrawn at...	any time before Acceptance
Revocation by Offeror before Acceptance case (must know)	Payne v Cave
promise (without consideration) to keep it open for a certain time	Routledge v Grant [1828]
The revocation must be actually communicated to the Offeree (must know)	Byrne v Van Tienhoven
Offer opens for a reasonable time if no deadline set	Ramsgate Victoria Hotel v Montefoire
Communications of the revocation of offer can be made by reliable 3rd party	Dickson v Dodds
Any counter offers	cancels the original offer
Counter Offers case	Hyde v Wrench
Enquiry is not counter offer	Stevenson v McLean
Acceptance must be ... (must know)	actually communicated to the offeror unless it is a unilateral contract or the postal rule apply
General rules of Acceptance communication	Entores Ltd v Miles Far East Corp CA [1955]
Silence never an Acceptance	Felthouse v Bindley
Acceptance by Conduct	Pickfords v Celestica
Postal Rule (acceptance only)	Adams v Lindsell [1818]
If Offeror insists on a particular method, the offeree must comply	Yates v Pulleyn
If no instruction / recommendation, then Acceptance must be communicated by a reasonable method	Quenerduaine v Cole
Instantaneous communications - contract is complete when the acceptance is recevied by the offeror. No universal rule in instantaneous communication	Brinkibon HL [1983]
Telexed message effective when received during office hours. Effective when it could be read, rather than when it is in fact read. Mostly applied to business	The Brimnes CA [1975]
Email acceptance - effective on receipt, strong obiter statement	Thomas v BPE Solicitors [2010]
Postal acceptance - only if it is reasonable to use post	Henthorn v Fraser [1892]
Postal rule does not apply to offers, revocation of offers, counter-offers or recalls of acceptance	Byrne v Van Tienhoven
Express terms in contract, acceptance must reach the offeror, postal rule not apply	Holwell Securities v Hughes
Revocation of a unlateral offer	Daulia v Four Millbank Nominees
Mere supply of information	Harvey v Davey
No offer can be accepted if the offeree has notice of the offeror's death	Coulthart v Clementson

New LDAP search function in UCM 11.5

There is a new LDAP search function available in UCM 11.5.  In the previous version, you can only search against UDS, the UCM user database.  Although with LDAP integration that means you can still search the LDAP users after they are imported to UCM, it will return the local UCM users as well.  In this release it is allowed for the endpoint to search against the LDAP through UCM.

http://www.cisco.com/c/en/us/td/docs/voice_ip_comm/cucm/admin/11_5_1/sysConfig/CUCM_BK_SE5DAF88_00_cucm-system-configuration-guide-1151/CUCM_BK_SE5DAF88_00_cucm-system-configuration-guide-1151_chapter_0100101.html






In my lab the DXs are working fine.  However the 8861 corporate directory is still searching against UDS.  Still finding out the reason, will update this post once I know why is that.

Enhanced Line Mode on the 8800 series phone

Just upgrade my lab UCM to 11.5.1.10000-6 and trying out some new features.  One of them is the new Enhanced Line Mode on the 8800 series phone.  Previously you can only use the 5 keys on the left as programmable line keys, and the 5 keys on the right are session keys and not programmable.  With Enhanced Line mode, you can convert the 5 session keys into programmable line keys as well.

Firmware version in my lab:


This is the device specific configuration under my 8861 phone.  The list configuration item is the new Line Mode feature.



There is a warning for you that certain features will be missing if you configured your phones in ELM.



After that you will see all 10 keys are now programmable!



Just to randomly configure some features there...



And this is how the phone looks like:

Changing UCM to mixed mode without the need of a token

I have just done it in my lab, running 10.5.2.10000-5.  You can simply change it by issuing the command:

utils cli set-cluster mixed mode

Restart the TFTP and CallManager services, you are good to go!

Detail post here:
http://www.cisco.com/c/en/us/support/docs/unified-communications/unified-communications-manager-callmanager/118893-technote-cucm-00.html

CUCILync 10.6(2) now supports Skype For Business!

In the release notes, now support S4B 2015 32-bit edition:

http://www.cisco.com/c/en/us/td/docs/voice_ip_comm/cucilync/10_6/CUCI_BK_CE922F5E_00_cucilync_10-6_releasenotes/release_notes.html#CUCI_RF_N256FFA5_00

Reserving 1 physical CPU core for Unity Connection?

Starting from VMWare ESXi 5.5 and Unity Connection 10.5.2, you no longer need to reserve 1 CPU core for Unity Connection.  Please see the URL and text below:

http://docwiki.cisco.com/wiki/Virtualization_for_Cisco_Unity_Connection

Quote:
"VMWare release 5.1 and older, requires reserving one physical core per physical server - see co-residency policy. With VMWare release 5.5 and later and Unity Connection release 10.5.2 and later while utilizing the latency sensitivity feature, you may remove the requirement of dedicated one physical core per physical server. This requires the Unity Connection VM Latency Sensitivity to be set to 'High' while at least one other VMs is set to 'Normal'. Recommend every VM to be set to 'Normal' except for Unity Connection VMs."

Virtual Wireless LAN Controller now supports AVC

Just upgraded my vWLC to 8.1.102 and now it supports AVC in Virtual Wireless LAN Controller in FlexConnect Mode.  The configuration is simple and the graph looks cool!

All you need to do is check this checkbox under your WLAN, this is the FlexConnect enabled WLAN for my home:

At the Monitor > Summary page you can see the top applications statistics:

You can see the detail if you click "View All" with some nice graphs~

CUCM and CUC Publisher Rebuilt

The CUCM and CUC Publisher in my lab was crashed due to a disk failure.  Luckily my subscribers are in different LUN, and at least I don't need to rebuild the whole cluster.  This is what I have done and I want to share my experience and hiccup during the rebuilt in this post.

UCM Publisher Rebuilt

For UCM I am following this guide and it is a well written one.  This is what I have done based on the guide.

http://www.cisco.com/c/en/us/support/docs/unified-communications/unified-communications-manager-callmanager/116946-technote-product-00.html

1. Gather Cluster Data on Subscriber

2 commands – show network cluster and show version active to get the existing cluster info

2. Stop DB Replication on all subscribers

This is important, you will not want the new publisher sync the NEW database with your existing one in subscriber.  You want the other way round, so stop the dbreplication service.

3. Install the new CUCM Publisher with the same hostname, IP address, domain name, security passphrase, exact UCM version and installed COP files

Install it with a bootable media.

4. Update Processnode Values on the Publisher

I am running 10.5(2), therefore I need to issue the command "utils diaster_recovery prepare restore pub_from_sub" command on the new publisher CLI before adding nodes to System > Server

Retrieve the node list from the existing subscriber – run sql select name,description,nodeid from processnode

Go the the Publisher UCM Admin Page, add the node after you receive the node list.

5. Reboot Publisher

Using the command "utils system restart"

6. Verify Cluster Authentication

Do it on publisher after it restarts, make sure the cluster in the "authenticated" state.

7. Perform a new backup

Add a Backup Device, I am using a linux machine to store the backup.

Start a manual backup

8. Publisher Restore from the Subscriber DB

I have encountered an issue during restore with the error message -  "Unable to send network request to master agent.  This may be due to Master or Local Agent being down".

I have tried a few things

- Regenerate ipsec cert and restart DRF master and local agent – it doesn't work

Solution

• Remove cup1 and cup2 in Server list on publisher UCM admin page.  Then it works.  DRF requires all host up and running in the server list.  One of my CUP node is not responding (due to my disk LUN failure)

Check the Publisher node check box (UCM1) and choose the subscriber DB from which restoration takes place, in my case UCM2, then click Restore.

9. Restore Status

When the restoration reaches the CCMDB component, the status text shows "Restoring Publisher from Subscriber Backup"

10. Run a Sanity Check on the Publisher DB

These 2 SQL statements will give you a gut feeling if the DB restore works or not.

11. Reboot the Cluster after restore

12. Verify Replication Setup

13. Post Restore

Activate services and install device packs

CUC Publisher Rebuilt

Steps for CUC Publisher Rebuilt are similar.

1. Gather Cluster Data

2. Stop Replication on All Subscribers

3. Install the CUC Publisher

4. Update Processnode Values on the Publisher

5. Reboot the Publisher Node

6. Verify Cluster Authentication

7. To Connect the Subscriber Server to the New Connection Cluster, and Replicate Data and Messages to the Publisher Server

This step is different.  We are not using DRS to do the DB restore.  Run the command "utils cuc cluster renegotiate" on subscriber

The publisher server will automatically restarts.

"show cuc cluster status" on subscriber to verify new cluster has been configured correctly.

Good luck!