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Welch V Jess
Welch v Jess 976NZ recent Law 185 is a reported precedent case in New Zealand on intention to create legal relations in the law of contract. It adopts into NZ case law the English cases of ''Simpkins v Pays'' and ''Connell v MIB''. The case Jess and his friend Welch entered a fishing contest on Ninety Mile Beach. They agreed to pool money for a kitty, agreeing to share any prize money later won. Jess subsequently won $6,000 but later refused to share the prize money, claiming that it was merely a social agreement not intended to be enforced the parties. *The court ruled that there was a legally binding contract, and Jess was ordered to share the prize money. The court declared that although social agreements are generally not legally enforceable, they can be legally enforceable under certain circumstances. In this case, the objective bystander would have thought that, having pooled the entrance fee, it was obvious that any winnings were intended to be shared. Commentary For ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
District Court Of New Zealand
The District Court of New Zealand ( mi, Te Kōti ā Rohe) (formerly the district courts before 2016) is the primary court of first instance of New Zealand. There are 59 District Court locations throughout New Zealand (). The court hears civil claims of up to $350,000 and most criminal cases. It is governed by the District Court Act 2016, which replaced the earlier District Courts Act 1947 (formerly titled the Magistrates' Courts Act 1947) as well as the District Court Rules which are periodically revised by the Rules Committee. The court was established in 1980 to replace magistrates' courts, which had dealt with minor criminal matters and civil claims since 1893. The establishment of the court was the result of the recommendations made in the 1978 report of the Royal Commission on the Courts. It was given an expanded jurisdiction and the Family Court was created as a division of the District Court in 1981. The Youth Court is another specialist division of the District Court, dea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Baker V Jones
A baker is a tradesperson who bakes and sometimes sells breads and other products made of flour by using an oven or other concentrated heat source. The place where a baker works is called a bakery. History Ancient history Since grains have been a staple food for millennia, the activity of baking is a very old one. Control of yeast, however, is relatively recent.Wayne Gisslen, ''Professional Baking'' (4th ed.: John Wiley & Sons, 2005), p. 4. By the fifth and sixth centuries BCE, the ancient Greeks used enclosed ovens heated by wood fires; communities usually baked bread in a large communal oven. Greeks baked dozens and possibly hundreds of types of bread; Athenaeus described seventy-two varieties. In ancient Rome several centuries later, the first mass production of breads occurred, and "the baking profession can be said to have started at that time." Ancient Roman bakers used honey and oil in their products, creating pastries rather than breads. In ancient Rome, bakers (L ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1976 In New Zealand Law
Events January * January 3 – The International Covenant on Economic, Social and Cultural Rights enters into force. * January 5 – The Pol Pot regime proclaims a new constitution for Democratic Kampuchea. * January 11 – The 1976 Philadelphia Flyers–Red Army game results in a 4–1 victory for the National Hockey League's Philadelphia Flyers over HC CSKA Moscow of the Soviet Union. * January 16 – The trial against jailed members of the Red Army Faction (the West German extreme-left militant Baader–Meinhof Group) begins in Stuttgart. * January 18 ** Full diplomatic relations are established between Bangladesh and Pakistan 5 years after the Bangladesh Liberation War. ** The Scottish Labour Party is formed as a breakaway from the UK-wide party. ** Super Bowl X in American football: The Pittsburgh Steelers defeat the Dallas Cowboys, 21–17, in Miami. * January 21 – First commercial Concorde flight, from London to Bahrain. * January 27 ** The United States ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Connell V MIB
''Coward v MIB'' was a 1963 Court of Appeal decision on intention to create legal relations, and on the liability of the Motor Insurers Bureau when a passenger in a vehicle is killed or injured through the driver's negligence. The decision was disapproved and not followed in two subsequent "lift-to-work" cases, '' Connell v Motor Insurers Bureau'' (1969 CA) and '' Albert v Motor Insurers Bureau'' (1971 HL). Facts Coward was a pillion passenger who was killed in a motorcycle accident for which the rider was responsible. The negligent rider was both a colleague and a friend. The accident occurred on the way to work. As the rider's insurance policy excluded pillion passengers, Coward's widow was obliged to claim damages from the MIB. The MIB would have liability only where insurance for the pillion was compulsory; and at the time insurance was compulsory only if pillions were carried "for hire or reward". Coward had paid the friend a small weekly contribution for the daily trip, a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Beswick V Beswick
was a landmark English contract law case on privity of contract and specific performance. The Lords, overruling the decision of Lord Denning in the Court of Appeal, ruled that a person who was not party to a contract had no independent standing to sue to enforce it, even if the contract was clearly intended for their benefit. Today the judicial precedent has been codified by statute in the United Kingdom, and Lord Denning's decision has largely been given effect by the Contracts (Rights of Third Parties) Act 1999. However the case remains good law in many other Commonwealth common law jurisdictions. Facts Lord Denning in the Court of Appeal started describing the facts of the case in the following way. The agreement was that Peter assign his business to his nephew in consideration of the nephew employing him for the rest of his life and then paying a weekly annuity to Mrs Beswick. Since the latter term was for the benefit of someone not party to the contract, the nephew did ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Errington V Errington
is an English contract law and English land law judicial decision of the Court of Appeal concerning agreement and the right to specific performance of an assurance that is relied on. Facts Mr Errington in 1936 bought a house in Milvain Avenue, Newcastle upon Tyne, for his son and daughter in law, paying £250, and the remaining £500 coming from a mortgage, paid off with 15 s a week by the newly weds. Mr Errington promised them they could stay in occupation as long as they paid the mortgage and that when all the instalments were paid it would be theirs. He gave her the building society book and said, ‘Don't part with this book. The house will be your property when the mortgage is paid.’ He died and the son left to move in with his mother. The mother sought possession from the daughter in law. The Judge dismissed the claim for possession. Judgment The three-judge panel in the Court of Appeal unanimously held that the daughter in law did not have to move out of the house, b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jones V Padavatton
{{Infobox Court Case , name = Jones v Padavatton , court = Court of Appeal , image = Lincolns Inn 1.jpg , date decided = 29 November 1968 , full name = , citations = _subsequent_actions_=_ .html" ;"title="969">968EWCA Civ 4 [19691 WLR 328; All ER 616 "> subsequent actions = "> opinions = , transcripts = , keywords = Creating legal relations, enforceability , Judges=Harold Danckwerts, Lord Justice Danckwerts, Cyril Salmon, Baron Salmon, Lord Justice Salmon, Fenton Atkinson, Lord Justice Fenton Atkinson ''Jones v Padavatton'' [1968EWCA Civ 4is a leading English decision on contract law. The decision demonstrates how domestic agreements, such as in between a mother and daughter, are presumed not to be legally binding unless there is clear intention. Facts A mother, Mrs Violet Lalgee Jones, agreed with her daughter, Mrs Ruby Padavatton, that if she would give up her secretary job at the Indian embassy in Washington DC and study for the bar in England, the mother would pay m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Balfour V Balfour
''Balfour v Balfour'' 9192 KB 571 is a leading English contract law case. It held that there is a rebuttable presumption against an intention to create a legally enforceable agreement when the agreement is domestic in nature. Facts Mr. Balfour was a civil engineer, and worked for the Government as the Director of Irrigation in Ceylon (now Sri Lanka). Mrs Balfour was living with him. In 1915, they both came back to England during Mr Balfour's leave. But Mrs Balfour had developed rheumatoid arthritis. Her doctor advised her to stay in England, because the climate in Ceylon would be detrimental to her health. Mr Balfour's boat was about to set sail, and he orally promised her £30 a month until she came back to Ceylon. They drifted apart, and Mr Balfour wrote saying it was better that they remain apart. In March 1918, Mrs Balfour sued him to keep up with the monthly £30 payments. In July she got a decree nisi and in December she obtained an order for alimony. At first instance, ju ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Carlill V Carbolic Smoke Ball Co
''Carlill v Carbolic Smoke Ball Company'' 892EWCA Civ 1is an English contract law decision by the English Court of Appeal">Court of Appeal, which held an advertisement containing certain terms to get a reward constituted a binding unilateral offer that could be accepted by anyone who performed its terms. It is notable for its treatment of contract and of puffery in advertising, for its curious subject matter associated with medical quackery, and how the influential judges (particularly Lindley and Bowen) developed the law in inventive ways. ''Carlill'' is frequently discussed as an introductory contract case, and may often be the first legal case a law student studies in the law of contract. The case concerned a influenza, flu remedy called the "carbolic smoke ball". The manufacturer advertised that buyers who found it did not work would be awarded £100, a considerable amount of money at the time. The company was found to have been bound by its advertisement, which was const ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Treitel
Sir Guenter Heinz Treitel (26 October 1928 – 14 June 2019) was a German-born English academic and Vinerian Professor of English Law. Treitel was born in Berlin into a Jewish family, the son of a prominent lawyer, Theodor Treitel, and his wife, Hannah Lilly Levy. In March 1939, he came to England on the ''Kindertransport'' together with his older brother, Kurt Max Treitel, and sister Celia. Treitel was once described by Lord Steyn as "one of the most distinguished academic writers on the law of contract in the English speaking world", and has often been described as the leading authority on English contract law. He is the author of ''Treitel on the Law of Contract'', a seminal work on English contract law. Treitel retired as Vinerian Professor in 1997 and received a knighthood for services to law. Treitel had been a Fellow of All Souls College since 1979; he was previously a Fellow of Magdalen College Magdalen College (, ) is a constituent college of the University of Oxf ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reasonable Man
In law, a reasonable person, reasonable man, or the man on the Clapham omnibus, is a hypothetical person of legal fiction crafted by the courts and communicated through case law and jury instructions. Strictly according to the fiction, it is misconceived for a party to seek evidence from actual people to establish how the reasonable man would have acted or what he would have foreseen. This person's character and care conduct under any ''common set of facts,'' is decided through reasoning of good practice or policy—or "learned" permitting there is a compelling consensus of public opinion—by high courts. In some practices, for circumstances arising from an ''uncommon set of facts,'' this person is seen to represent a composite of a relevant community's judgement as to how a typical member of said community should behave in situations that might pose a threat of harm (through action or inaction) to the public. However, cases resulting in judgment notwithstanding verdict can b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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