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O'Connor V Hart
''Hart v O'Connor'' [1985UKPC 1is an important case in New Zealand, also relevant for English contract law, regarding mental capacity to enter into contract as well as regarding Unconscionability, unconscionable bargains, which made it as far as the Privy Council. Facts Jack O'Connor was the trustee of a trust that owned the family farm in Waimate since their father died in 1911. Jack and his two brothers Dennis and Joseph both worked and lived on the farm owned by the trust. By the mid 1970s, the brothers were in their 70s and 80s, and given their advanced age, their solicitor recommended that something be done about the farm ownership. Jack essentially had three options: to lease out the farm, but that was ruled out as only delaying an inevitable sale; to sell the farm to his two nephews, which he ruled out, as he did not think his nephews could make a success out of the farm; and the third option, a sale to a third party. As it turned out, a neighbour, Mr Hart was interested i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Scarman
Leslie George Scarman, Baron Scarman, (29 July 1911 – 8 December 2004) was an English judge and barrister, who served as a Law Lord until his retirement in 1986. Early life and education Scarman was born in Streatham but grew up on the border of Sussex and Surrey. He won scholarships to Radley College and then Brasenose College, Oxford, where he read Classics, graduating in 1932 with a First. Legal career He was called to the bar at the Middle Temple in 1936. He remained briefless until World War II, which he spent in the Royal Air Force as a staff officer in England, North Africa, and then continental Europe. He was present with Arthur Tedder when Alfred Jodl surrendered at Reims. He was appointed an Officer of the Order of the British Empire (OBE) in 1944. He returned to law in 1945, practising from chambers at 2, Crown Office Row, known since the 1970s as Fountain Court Chambers, and in the late 1940s and early 1950s he started to build the chambers' reputation for commer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of New Zealand
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] |
New Zealand Contract Case Law
New is an adjective referring to something recently made, discovered, or created. New or NEW may refer to: Music * New, singer of K-pop group The Boyz Albums and EPs * ''New'' (album), by Paul McCartney, 2013 * ''New'' (EP), by Regurgitator, 1995 Songs * "New" (Daya song), 2017 * "New" (Paul McCartney song), 2013 * "New" (No Doubt song), 1999 *"new", by Loona from '' Yves'', 2017 *"The New", by Interpol from ''Turn On the Bright Lights'', 2002 Acronyms * Net economic welfare, a proposed macroeconomic indicator * Net explosive weight, also known as net explosive quantity * Network of enlightened Women, a conservative university women's organization * Next Entertainment World, a South Korean film distribution company Identification codes * Nepal Bhasa language ISO 639 language code * New Century Financial Corporation (NYSE stock abbreviation) * Northeast Wrestling, a professional wrestling promotion in the northeastern United States Transport * New Orleans Lakefront Ai ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1985 In New Zealand Law
The year 1985 was designated as the International Youth Year by the United Nations. Events January * January 1 ** The Internet's Domain Name System is created. ** Greenland withdraws from the European Economic Community as a result of a new agreement on fishing rights. * January 7 – Japan Aerospace Exploration Agency launches ''Sakigake'', Japan's first interplanetary spacecraft and the first deep space probe to be launched by any country other than the United States or the Soviet Union. * January 15 – Tancredo Neves is elected president of Brazil by the Congress, ending the 21-year military rule. * January 20 – Ronald Reagan is privately sworn in for a second term as President of the United States. * January 27 – The Economic Cooperation Organization (ECO) is formed, in Tehran. * January 28 – The charity single record "We Are the World" is recorded by USA for Africa. February * February 4 – The border between Gibraltar and Spai ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1985 In Case Law
The year 1985 was designated as the International Youth Year by the United Nations. Events January * January 1 ** The Internet's Domain Name System is created. ** Greenland withdraws from the European Economic Community as a result of a new agreement on fishing rights. * January 7 – Japan Aerospace Exploration Agency launches ''Sakigake'', Japan's first interplanetary spacecraft and the first deep space probe to be launched by any country other than the United States space exploration programs, United States or the Soviet space program, Soviet Union. * January 15 – Tancredo Neves is Brazilian presidential election, 1985, elected president of Brazil by the National Congress of Brazil, Congress, ending the Military dictatorship in Brazil, 21-year military rule. * January 20 – Ronald Reagan is Second inauguration of Ronald Reagan, privately sworn in for a second term as Presidency of Ronald Reagan, President of the United States. * January 27 – The Eco ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Committee Of The Privy Council Cases On Appeal From New Zealand
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases. Definition The judiciary is the system of courts that interprets, defends, and applies the law in the name of the state. The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets, defends, and applies the law to the facts of each case. However, in some countries the judiciary does make common law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial review power may annul the laws and r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Unjust Enrichment
The English law of unjust enrichment is part of the English law of obligations, along with the law of contract, tort, and trusts. The law of unjust enrichment deals with circumstances in which one person is required to make restitution of a benefit acquired at the expense of another in circumstances which are unjust. The modern law of unjust enrichment encompasses what was once known as the law of quasi-contract. Its precise scope remains a matter of controversy. Beyond quasi-contract, it is sometimes said to encompass the law relating to subrogation, contribution, recoupment, and claims to the traceable substitutes of misapplied property. English courts have recognised that there are four steps required to establish a claim in unjust enrichment. If the following elements are satisfied, a claimant has a prima facie right to restitution: # the defendant has been ''enriched''; # this enrichment is ''at the claimant's expense''; # this enrichment at the claimant's expense is ''unju ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Privy Council
A privy council is a body that advises the head of state of a state, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the monarch's closest advisors to give confidential advice on state affairs. Privy councils Functioning privy councils Former or dormant privy councils See also * Privy Council of the Habsburg Netherlands * Council of State * Crown Council * Executive Council (Commonwealth countries) * Privy Council ministry * State Council State Council may refer to: Government * State Council of the Republic of Korea, the national cabinet of South Korea, headed by the President * State Council of the People's Republic of China, the national cabinet and chief administrative auth ... References {{DEFAULTSORT:Privy Council Advisory councils for heads of state Monarchy Royal and noble courts ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Waimate
Waimate is a town in Canterbury, New Zealand and the seat of Waimate District. It is situated just inland from the eastern coast of the South Island. The town is reached via a short detour west when travelling on State Highway One, the main North/South road. Waimate is 45.7 km south of Timaru, Canterbury's second city, 20 km north of the Waitaki River, which forms the border between Canterbury and the Otago province to the south and 47.5 km north of Oamaru, the main town of the Waitaki District. Waimate is well known for its population of Bennett's wallabies. These marsupials were introduced from Australia and now live wild in the countryside surrounding the town. It is also recognised for the White Horse Monument which is a silhouette of a white horse that can be seen on the hills behind the town. It commemorates the Clydesdale horses that helped breaking in the land in earlier days. Visitors to the monument's lookout are rewarded with panoramic views of the to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Bridge Of Harwich
Nigel Cyprian Bridge, Baron Bridge of Harwich, PC (26 February 1917 − 20 November 2007) was a British judge, who served as Lord of Appeal in Ordinary between 1980 and 1992. A leading appellate judge, Bridge is also remembered for having presided over the Birmingham Six trial. Early life Bridge was born in Codicote, Hertfordshire, the second son of Commander Cyprian Dunscomb Charles Bridge, Royal Navy, and of Gladys Bridge, ''née'' Steel, the daughter of a Lancashire cotton manufacturer. He never met his father, who had abandoned his mother shortly after his birth. He was the younger brother of Anthony Bridge, later Dean of Guildford. He followed his elder brother to Marlborough College, with a scholarship. Disliking the school, he went to Europe, where he learned French and German. Returning to Britain, he worked as a journalist on regional newspapers in Lancashire, and wrote an unpublished novel. He volunteered to join the Fleet Air Arm before the Second World War broke ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Privy Council Of The United Kingdom
The Privy Council (PC), officially His Majesty's Most Honourable Privy Council, is a formal body of advisers to the sovereign of the United Kingdom. Its membership mainly comprises senior politicians who are current or former members of either the House of Commons or the House of Lords. The Privy Council formally advises the sovereign on the exercise of the Royal Prerogative, and as a body corporate (as King-in-Council) it issues executive instruments known as Orders in Council which, among other powers, enact Acts of Parliament. The Council also holds the delegated authority to issue Orders of Council, mostly used to regulate certain public institutions. The Council advises the sovereign on the issuing of Royal Charters, which are used to grant special status to incorporated bodies, and city or borough status to local authorities. Otherwise, the Privy Council's powers have now been largely replaced by its executive committee, the Cabinet of the United Kingdom. Certai ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unconscionability
Unconscionability (sometimes known as unconscionable dealing/conduct in Australia) is a doctrine in contract law that describes terms that are so extremely unjust, or overwhelmingly one-sided in favor of the party who has the superior bargaining power, that they are contrary to good conscience. Typically, an ''unconscionable'' contract is held to be unenforceable because no reasonable or informed person would otherwise agree to it. The perpetrator of the conduct is not allowed to benefit, because the consideration offered is lacking, or is so obviously inadequate, that to enforce the contract would be unfair to the party seeking to escape the contract. Overview Unconscionability is determined by examining the circumstances of the parties when the contract was made, such as their bargaining power, age, and mental capacity. Other issues might include lack of choice, superior knowledge, and other obligations or circumstances surrounding the bargaining process. Unconscionable condu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
