Waltons Stores (Interstate Ltd) V Maher
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Waltons Stores (Interstate Ltd) V Maher
''Waltons Stores (Interstate) Ltd v Maher'',. is a leading case in Australian contract law. The Australian High Court decided that estoppel, in certain circumstances could be a cause of action. Facts Maher owned some property with buildings on it in Nowra. He was negotiating with a department store company called Waltons Stores (at the time controlled by the Bond Corporation) for a lease of the land. They wanted an existing building to be demolished and a new one erected. In reliance on representations made before a contract was completed, Maher demolished the building and started to erect a new one. But the contract never came to completion because Waltons Stores did not sign the lease as Maher had yelled at them and become hostile towards them. Waltons told their solicitors to slow the deal while they did further investigations as to whether the transaction would be good business, but allowed Maher to remain under the impression that the deal would be completed. Judgment The ...
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High Court Of Australia
The High Court of Australia is Australia's apex court. It exercises Original jurisdiction, original and appellate jurisdiction on matters specified within Constitution of Australia, Australia's Constitution. The High Court was established following passage of the ''Judiciary Act 1903''. It derives its authority from Chapter III of the Australian Constitution, which vests it responsibility for the judiciary, judicial power of the Commonwealth. Important legal instruments pertaining to the High Court include the ''Judiciary Act 1903'' and the ''High Court of Australia Act 1979''.. Its bench is composed of seven justices, including a Chief Justice of Australia, Chief Justice, currently Susan Kiefel. Justices of the High Court are appointed by the Governor-General of Australia, Governor-General on the Advice (constitutional law), advice of the Prime Minister of Australia, Prime Minister and are appointed permanently until their mandatory retirement at age 70, unless they retire ea ...
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Nowra
Nowra is a city in the South Coast region of New South Wales, Australia. It is located south-southwest of the state capital of Sydney (about as the crow flies). As of the 2021 census, Nowra has an estimated population of 22,584. Situated in the southern reaches of the Sydney basin, Nowra is the seat and commercial centre of the City of Shoalhaven The City of Shoalhaven is a Local government in Australia, local government area in the South Coast, New South Wales, south-eastern coastal region of New South Wales, Australia. The area is about south of Sydney. The Princes Highway passes thr .... The region around Nowra is a farming community with a thriving dairy industry and a significant amount of state-owned forest land. It is also an increasingly popular retirement and leisure area for people from Canberra and Sydney. The naval air station HMAS Albatross (air station), HMAS ''Albatross'' is located about south-west of Nowra. History Prior to European arrival, the part ...
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High Court Of Australia Cases
High may refer to: Science and technology * Height * High (atmospheric), a high-pressure area * High (computability), a quality of a Turing degree, in computability theory * High (tectonics), in geology an area where relative tectonic uplift took or takes place * Substance intoxication, also known by the slang description "being high" * Sugar high, a misconception about the supposed psychological effects of sucrose Music Performers * High (musical group), a 1974–1990 Indian rock group * The High, an English rock band formed in 1989 Albums * ''High'' (The Blue Nile album) or the title song, 2004 * ''High'' (Flotsam and Jetsam album), 1997 * ''High'' (New Model Army album) or the title song, 2007 * ''High'' (Royal Headache album) or the title song, 2015 * ''High'' (EP), by Jarryd James, or the title song, 2016 Songs * "High" (Alison Wonderland song), 2018 * "High" (The Chainsmokers song), 2022 * "High" (The Cure song), 1992 * "High" (David Hallyday song), 1988 * " ...
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Contract Case Law
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of the minds be ...
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Promissory Estoppel
A promise is a commitment by someone to do or not do something. As a noun ''promise'' means a declaration assuring that one will or will not do something. As a verb it means to commit oneself by a promise to do or give. It can also mean a capacity for good, similar to a value that is to be realized in the near future. In the law of contract, an exchange of promises is usually held to be legally enforceable, according to the Latin maxim ''pacta sunt servanda''. Types There are many types of promises. There are solemn promises, such as marriage vows or military oaths and are conventions. There are legal contracts, enforceable by law. Or, there are fairy tale promises, regrettable and problematic at the time, they must be honored. And lastly, there are election promises, commitments that most people realize will later be shaped by politics and compromise. Both an oath and an affirmation can be a promise. One special kind of promise is the vow. A notable type of promise is an el ...
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Baird Textile Holdings Ltd V Marks & Spencer Plc
''Baird Textile Holdings Ltd v Marks & Spencer plc'' 001EWCA Civ 274is an English contract law case on the possibility of an implied contract after a course of dealings between two businesses. Facts Baird Textile Holdings LtdBaird'company profileon alacrastore.com had supplied clothes to Marks & Spencer plc. for thirty years. All of a sudden, M&S said they were cancelling the order. Baird sued M&S on the grounds that they should have been given reasonable notice. The problem was that there was no express contract under which such a term could be said to have arisen. Baird argued that a contract should be implied through the course of dealings. The judge found there was no such contract, and Baird appealed to the Court of Appeal. Judgment Sir Andrew Morritt V-C (with whom Judge LJ and Mance LJ concurred), found that a contract could not be implied unless it is necessary. Here, any such agreement to keep up the purchase of clothes, subject to reasonable notice for termination, ...
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Williams V Roffey Bros Ltd
is a leading English contract law case. It decided that in varying a contract, a promise to perform a pre-existing contractual obligation will constitute good consideration so long as a benefit is conferred upon the 'promiseor'. This was a departure from the previously established principle that promises to perform pre-existing contractual obligations could not be good consideration. Facts Roffey Bros was contracted by Shepherds Bush Housing Association Ltd to refurbish 27 flats at Twynholm Mansions, Lillie Road, London SW6. They subcontracted carpentry to Mr Lester Williams for £20,000 payable in instalments. Some work was done and £16,200 was paid. Then Williams ran into financial difficulty because the price was too low. Roffey Bros was going to be liable under a penalty clause for late completion, so they had a meeting on 9 April 1986 and promised an extra £575 per flat for on time completion. Williams did eight flats and stopped because he had only got £1,500. New carpen ...
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Crabb V Arun DC
''Crabb v Arun District Council'' contract case concerning "proprietary estoppel". Lord Denning MR affirmed that where agreements concern the acquisition of rights over land, there is no need for both parties to provide a consideration for upholding the bargain. While promissory estoppel cannot found a cause of action it was held that in the peculiar situation of land, consideration is not necessary at all. Facts In 1965 Mr Victor Crabb bought 2 acres of land in the sea-side village of Pagham, near Bognor Regis. His boundary onto  acres to the west, demarcated by publicly owned Mill Park Road, belonged to Arun District Council (ADC) (formerly Chichester Rural District Council). His north boundary faced Hook Lane. He thought he enjoyed two access points on Mill Park Road, which led up to Hook Lane, and out of the village, point "A" and point "B". The access point "A" was open by virtue of a formalised easement, granted when the previous owner of the whole  acres h ...
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Crabb V Arun District Council
''Crabb v Arun District Council'' 975EWCA Civ 7is a leading English land law and English contract law">contract case concerning "proprietary estoppel". Lord Denning MR affirmed that where agreements concern the acquisition of rights over land, there is no need for both parties to provide a consideration for upholding the bargain. While promissory estoppel cannot found a cause of action it was held that in the peculiar situation of land, consideration is not necessary at all. Facts In 1965 Mr Victor Crabb bought 2 acres of land in the sea-side village of Pagham, near Bognor Regis. His boundary onto  acres to the west, demarcated by publicly owned Mill Park Road, belonged to Arun District Council (ADC) (formerly Chichester Rural District Council). His north boundary faced Hook Lane. He thought he enjoyed two access points on Mill Park Road, which led up to Hook Lane, and out of the village, point "A" and point "B". The access point "A" was open by virtue of a formalise ...
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Combe V Combe
''Combe v Combe'' 9512 KB 215 is a famous English contract law case on promissory estoppel. An ex-wife tried to take advantage of the principle that had been reintroduced in the High Trees case to enforce her husband's promise to give her maintenance. The Court held that promissory estoppel could not be applied. It was available only as a defence and not as a cause of action. Facts Mr and Mrs Combe were a married couple. Mr Yasser M Combe promised Mrs Radhika M Combe that he would pay her an annual maintenance. Their marriage eventually fell apart and they were divorced. Mr Combe refused to pay any of the maintenance he had promised. Seven years later Ms Combe brought an action against Mr Combe to have the promise enforced. There was no consideration in exchange for the promise and so no contract was formed. Instead, she argued promissory estoppel as she had acted on the promise to her own detriment. At first instance the Court agreed with Mrs Combe and enforced the promise unde ...
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Bond Corporation
Alan Bond (22 April 1938 – 5 June 2015) was an English-born Australian businessman noted for his high-profile and often corrupt business dealings. These included his central role in the WA Inc scandals of the 1980s, and what was at the time the biggest corporate collapse in Australian history and also for his criminal conviction that saw him serve four years in prison. He is also remembered for bankrolling the successful challenge for the 1983 America's Cup, the first time the New York Yacht Club had lost it in its 132-year history. He is also the founder of Bond University, Gold Coast, Australia. Early life Alan Bond was born on 22 April 1938, the son of Frank and Kathleen Bond in the Hammersmith district of London, England. In 1950, aged 12, he emigrated to Australia with his parents and his elder sister Geraldine, living in Fremantle, near Perth. At the age of 14, he was charged with stealing and being unlawfully on premises. Aged 18, he was arrested for being unlawfully ...
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Waltons (department Store)
Waltons was an Australian department store chain, founded by John Walton (1904–1998). History Walton bought a menswear store in 1951, located on George Street, Sydney, opposite the Queen Victoria Building and Sydney Town Hall and near Town Hall station. Over the years it was expanded along Park Street with adjoining properties purchased. In 1955, Walton formed an alliance with the American retail giant Sears, Roebuck and Co. In the early 1960s, he started a finance company in partnership with Citibank, and also moved into insurance. That part of the business was sold to Norwich Union in 1980. There were changes in the retail scene in Australia in the 1960s and Waltons Limited bought out Marcus Clark & Co in 1966, and then Anthony Hordern & Sons, merging its country store operation into the Walton's store group. That excluded the Brickfield Hill store in the south of the Sydney central business district, which by 1969 had already closed. Waltons then acquired McDowells in ...
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