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Conlon V Ozolins
Conlon v Ozolins (1984) NZLR 489 is an important New Zealand case involving the legal issues of non est factum and mutual mistake. Facts Mrs. Ozolins, an elderly widow from Latvia in her seventies decided to sell three of the four sections that were behind her house in Albert Street in Palmerston North. She did not intend to sell the fourth section, as it was right behind her house and functioned as her back garden. This fourth section was separated from the three other sections by a six foot high fence. The other three sections formed a bare paddock. Mr. Conlon, the local milkman, soon agreed to purchase these sections. Unfortunately, Mrs. Ozolin's solicitor in drafting up the sale agreement, misinterpreted her instructions and included the fourth section (effectively her back yard, as well as part of her garage) in the sale agreement. The vendor did not notice this mistake when she signed it, signing the contract within an hour of receiving it. The mistake soon came to her ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New Zealand Court Of Appeal
The Court of Appeal of New Zealand is the principal intermediate appellate court of New Zealand. It is also the final appellate court for a number of matters. In practice, most appeals are resolved at this intermediate appellate level, rather than in the Supreme Court. The Court of Appeal has existed as a separate court since 1862 but, until 1957, it was composed of judges of the High Court sitting periodically in panels. In 1957 the Court of Appeal was reconstituted as a permanent court separate from the High Court. It is located in Wellington. The Court and its work The President and nine other permanent appellate judges constitute the full-time working membership of the Court of Appeal. The court sits in panels of five judges and three judges, depending on the nature and wider significance of the particular case. A considerable number of three-judge cases are heard by Divisional Courts consisting of one permanent Court of Appeal judge and two High Court judges seconde ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arthur Owen Woodhouse
Sir Arthur Owen Woodhouse (18 July 1916 – 15 April 2014) was a New Zealand jurist and chair of government commissions. Biography Woodhouse was born in Napier in 1916 and completed an LL.B. at the University of Auckland in 1940. He served as a Lieutenant Commander in the Royal New Zealand Naval Volunteer Reserve during World War II on motor torpedo boats and was a liaison officer with the Yugoslav Partisan in 1943. Two years later, he was serving at the British Embassy in Belgrade as assistant to the Naval Attaché. He received the Distinguished Service Cross in 1944 for naval operations in the Adriatic. Woodhouse was appointed a Judge of the New Zealand Supreme Court in 1961, and then the New Zealand Court of Appeal in 1974. The same year, he became a Privy Counsellor on the Judicial Committee. He was President of the Court of Appeal from 1981 until his retirement in 1986, after which he was appointed President of the Law Commission until 1991. Woodhouse was the Chairman ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duncan McMullin
Sir Duncan Wallace McMullin (1 May 1927 – 26 June 2017) was a New Zealand jurist. He was a judge of the Court of Appeal of New Zealand, Court of Appeal of Fiji and Cook Islands Court of Appeal. Early life and family Born in the Auckland suburb of Mount Eden on 1 May 1927, McMullin was the son of Charles James McMullin and Kathleen Annie McMullin (née Shout). He was educated at Auckland Grammar School from 1940, and went on to study at Auckland University College, from where he graduated LLB in 1950. He married Isobel Margaret Atkinson in about 1954, and they had four children. Career Following his graduation, McMullin practised as a barrister and solicitor before serving as a judge of the Supreme Court (now the High Court) and the Court of Appeal. He chaired the Royal Commission on Contraception, Sterilisation and Abortion between 1975 and 1977, and also served as chair of the Wanganui Computer Centre policy committee, the New Zealand Conservation Authority, and the Marke ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Edward Somers
Sir Edward Jonathan Somers (9 September 1928 – 3 June 2002) was a New Zealand jurist and member of the Privy Council. Biography Somers was born in Christchurch in 1928, and was educated at Christ's College and the University of Canterbury, where he gained a Bachelor of Arts and a Bachelor of Laws. In 1952, Somers became engaged to Mollie Louise Morison, and they later married and went on to have three children. Somers practised as a barrister and solicitor between 1952 and 1971, and solely as a barrister thereafter. In 1973, he was appointed Queen's Counsel, and the following year he became a judge of the Supreme Court (now High Court). He was appointed a judge of the Court of Appeal in 1981, a role from which he retired in 1990.Sir Edward Somers . Bloody Sunday Trust. Retrieved 18 May 2013. In 1981, he was also appointed ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New Zealand Law Reports
The New Zealand Law Reports (NZLR) are the official law report series of the superior courts of New Zealand comprising the Supreme Court of New Zealand, Court of Appeal of New Zealand and High Court of New Zealand The High Court of New Zealand ( mi, Te Kōti Matua o Aotearoa) is the superior court of New Zealand. It has general jurisdiction and responsibility, under the Senior Courts Act 2016, as well as the High Court Rules 2016, for the administration .... Content All Supreme Court decisions are reported with the argument of counsel. The reports do not focus on any specialist area of New Zealand law, unlike other specialist reports such as the New Zealand Administrative Reports (NZAR) and the New Zealand Family Law Reports (NZFLR). Publication The New Zealand Council of Law Reporting (NZCLR) is an incorporated body charged with overseeing the publication of the NZLR. The NZLR is currently published for the Council by LexisNexis New Zealand Ltd. The reports started in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Non Est Factum
(Latin for "it is not ydeed") is a defence in contract law that allows a signing party to escape performance of an agreement "which is fundamentally different from what he or she intended to execute or sign". A claim of means that the signature on the contract was signed by mistake, without knowledge of its meaning. A successful plea would make the contract void . According to ''Saunders v Anglia Building Society'' 971AC 1004, applied in ''Petelin v Cullen'' 975 the strict requirements necessary for a successful plea are generally that: # The person pleading must belong to "class of persons, who through no fault of their own, are unable to have any understanding of the purpose of the particular document because of blindness, illiteracy or some other disability". (2009) 13(1) University of Western Sydney Law Review 83. The disability must be one requiring the reliance on others for advice as to what they are signing. # The "signatory must have made a fundamental mistake as to t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mistake (contract Law)
In contract law, a mistake is an erroneous belief, ''at contracting'', that certain facts are true. It can be argued as a defense, and if raised successfully, can lead to the agreement in question being found void ''ab initio'' or voidable, or alternatively, an equitable remedy may be provided by the courts. Common law has identified three different types of mistake in contract: the 'unilateral mistake', the 'mutual mistake', and the 'common mistake'. The distinction between the 'common mistake' and the 'mutual mistake' is important. Another breakdown in contract law divides mistakes into four traditional categories: unilateral mistake, mutual mistake, mistranscription, and misunderstanding. The law of mistake in any given contract is governed by the law governing the contract. The law from country to country can differ significantly. For instance, contracts entered into under a relevant mistake have not been voidable in English law since ''Great Peace Shipping Ltd v Tsavliris ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Latvia
Latvia ( or ; lv, Latvija ; ltg, Latveja; liv, Leţmō), officially the Republic of Latvia ( lv, Latvijas Republika, links=no, ltg, Latvejas Republika, links=no, liv, Leţmō Vabāmō, links=no), is a country in the Baltic region of Northern Europe. It is one of the Baltic states; and is bordered by Estonia to the north, Lithuania to the south, Russia to the east, Belarus to the southeast, and shares a maritime border with Sweden to the west. Latvia covers an area of , with a population of 1.9 million. The country has a temperate seasonal climate. Its capital and largest city is Riga. Latvians belong to the ethno-linguistic group of the Balts; and speak Latvian, one of the only two surviving Baltic languages. Russians are the most prominent minority in the country, at almost a quarter of the population. After centuries of Teutonic, Swedish, Polish-Lithuanian and Russian rule, which was mainly executed by the local Baltic German aristocracy, the independent R ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Palmerston North
Palmerston North (; mi, Te Papa-i-Oea, known colloquially as Palmy) is a city in the North Island of New Zealand and the seat of the Manawatū-Whanganui region. Located in the eastern Manawatu Plains, the city is near the north bank of the Manawatu River, from the river's mouth, and from the end of the Manawatu Gorge, about north of the capital, Wellington. Palmerston North is the country's eighth-largest urban area, with an urban population of The official limits of the city take in rural areas to the south, north-east, north-west and west of the main urban area, extending to the Tararua Ranges; including the town of Ashhurst at the mouth of the Manawatu Gorge, the villages of Bunnythorpe and Longburn in the north and west respectively. The city covers a land area of . The city's location was once little more than a clearing in a forest and occupied by small communities of Māori, who called it ''Papa-i-Oea'', believed to mean "How beautiful it is". In the mid-1 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Specific Performance
Specific performance is an equitable remedy in the law of contract, whereby a court issues an order requiring a party to perform a specific act, such as to complete performance of the contract. It is typically available in the sale of land law, but otherwise is not generally available if damages are an appropriate alternative. Specific performance is almost never available for contracts of personal service, although performance may also be ensured through the threat of proceedings for contempt of court. Specific performance is commonly used in the form of injunctive relief concerning confidential information or real property. While specific performance can be in the form of any type of forced action, it is usually to complete a previously established transaction, thus being the most effective remedy in protecting the expectation interest of the innocent party to a contract. It is usually the opposite of a prohibitory injunction, but there are mandatory injunctions that have a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of New Zealand
The High Court of New Zealand ( mi, Te Kōti Matua o Aotearoa) is the superior court of New Zealand. It has general jurisdiction and responsibility, under the Senior Courts Act 2016, as well as the High Court Rules 2016, for the administration of justice throughout New Zealand. There are 18 High Court locations throughout New Zealand, plus one stand-alone registry. The High Court was established in 1841. It was originally called the "Supreme Court of New Zealand", but the name was changed in 1980 to make way for the naming of an eventual new Supreme Court of New Zealand. The High Court is a court of first instance for serious criminal cases such as homicide, civil claims exceeding $350,000 and certain other civil cases. In its appellate function, the High Court hears appeals from the District Court, other lower courts and various tribunals. Composition and locations The High Court comprises the Chief Justice (who is head of the judiciary) and up to 55 other Judges (whic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of New Zealand Cases
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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