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Baltic Shipping Company V Dillon
''Baltic Shipping Company v Dillon'', the Mikhail Lermontov case, is a leading Australian contract law case, on the incorporation of exclusion clauses and damages for breach of contract or restitution for unjust enrichment. Facts A widow, Mrs Joan Dillon, bought a cruise from a charterer's travel brochure on the cruise ship (named after the Russian poet, Mikhail Yuryevich Lermontov). She paid a deposit and on 6 December 1985 received a booking form that said the ticket would be issued subject to conditions. On 24 January 1986 she received the ticket, which limited liability for personal injury. The ship sank. Mrs Dillon was injured and lost some valuables. She was sent a loss form without reference to personal injuries. The company offered her an ''ex gratia'' sum to settle if she signed a release form. She accepted and signed. In 1987 the insurance company and Mrs Dillon sued to recover damages for personal injury and other losses. Judgment Trial court Carruthers J awarde ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unjust Enrichment
In laws of equity, unjust enrichment occurs when one person is enriched at the expense of another in circumstances that the law sees as unjust. Where an individual is unjustly enriched, the law imposes an obligation upon the recipient to make restitution, subject to defences such as change of position. Liability for an unjust (or unjustified) enrichment arises irrespective of wrongdoing on the part of the recipient. The concept of unjust enrichment can be traced to Roman law and the maxim that "no one should be benefited at another's expense": ''nemo locupletari potest aliena iactura'' or ''nemo locupletari debet cum aliena iactura''. The law of unjust enrichment is closely related to, but not co-extensive with, the law of restitution. The law of restitution is the law of gain-based recovery. It is wider than the law of unjust enrichment. Restitution for unjust enrichment is a subset of the law of restitution in the same way that compensation for breach of contract is a subset of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chief Justice Of New South Wales
The Chief Justice of New South Wales is the senior judge of the Supreme Court of New South Wales and the highest-ranking judicial officer in the Australian state of New South Wales. The Chief Justice is both the judicial head of the Supreme Court as well as the administrative head, responsible for arranging the business of the court and establishing its rules and procedures. The current Chief Justice is Andrew Bell who was appointed by Governor Margaret Beazley. List of chief justices of New South Wales See also * Judiciary of Australia The judiciary of Australia comprises judges who sit in federal courts and courts of the States and Territories of Australia. The High Court of Australia sits at the apex of the Australian court hierarchy as the ultimate court of appeal on matter ... References {{Government of New South Wales Lists of judges of Australian superior courts ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Murray Gleeson
Anthony Murray Gleeson (born 30 August 1938) is an Australian former judge who served as the 11th Chief Justice of Australia, in office from 1998 to 2008. Gleeson was born in Wingham, New South Wales, and studied law at the University of Sydney. He was admitted to the New South Wales Bar in 1963 and appointed Queen's Counsel in 1974, becoming one of the state's leading barristers. Gleeson was appointed Chief Justice of New South Wales in 1988, serving until his elevation to the High Court in 1998. He and Samuel Griffith (appointed 1903) are the only people to have been elevated directly from the chief justiceship of a state to the chief justiceship of the High Court. As required by the constitution, he retired from the court when he reached his 70th birthday. In October 2020, Prime Minister Scott Morrison announced that Gleeson's daughter, Jacqueline Gleeson, will be elevated to the High Court following the retirement of Justice Virginia Bell. Early life Gleeson was born in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Michael Kirby (judge)
Michael Donald Kirby (born 18 March 1939) is an Australian jurist and academic who is a former Justice of the High Court of Australia, serving from 1996 to 2009. He has remained active in retirement; in May 2013 he was appointed by the United Nations Human Rights Council to lead an inquiry into human rights abuses in North Korea, which reported in February 2014. Early life and education Michael Donald Kirby was born on 18 March 1939 at Crown Street Women's Hospital to Donald and Jean Langmore (née Knowles) Kirby. He was the eldest of five siblings, followed by twins Donald William and David Charles (the latter died at 18 months from pneumonia), David, and Diana Margaret. In 1943 his grandmother, Norma Gray, remarried and her second husband was Jack Simpson, National Treasurer of the Australian Communist Party. Although Kirby came to admire Simpson, neither he nor his immediate family embraced the ideology. His father supported the Australian Labor Party, but never became a m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
In Personam
''In personam'' is a Latin phrase meaning "against a particular person". In a lawsuit in which the case is against a specific individual, that person must be served with a summons and complaint (E&W known as Particulars of Claim (CPR 1999) to give the court jurisdiction to try the case, and the judgment applies to that person and is called an "in personam judgment". In personam is distinguished from ''in rem'', which applies to property or "all the world" instead of a specific person. This technical distinction is important to determine where to file a lawsuit and how to serve a defendant. ''In personam'' means that a judgment can be enforceable against the person wherever he/she is. On the other hand, if the lawsuit is to determine title to property (''in rem'') then the action must be filed where the property exists and is only enforceable there. See also *Personal jurisdiction *''quasi in rem'' *''in rem'' *''sui iuris ''Sui iuris'' ( or ) also spelled ''sui juris'', is a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mason CJ
Sir Anthony Frank Mason HonFAIB DistFRSN (born 21 April 1925) is an Australian judge who served as the ninth Chief Justice of Australia, in office from 1987 to 1995. He was first appointed to the High Court in 1972, having previously served on the Supreme Court of New South Wales. Education Raised in Sydney, Mason was a student at Sydney Grammar School. During World War II, he served in the Royal Australian Air Force, holding the rank of Flying Officer. After the war, Mason studied at the University of Sydney, graduating with the degrees of Bachelor of Arts and Bachelor of Laws. Mason articled at Clayton Utz, where he met his wife, Patricia. Legal career Mason was admitted to the New South Wales Bar. For five years he lectured in law at the University of Sydney, his students including three future High Court Justices, Mary Gaudron, William Gummow and Dyson Heydon. In November 1964, aged 39, Mason was announced as the new Solicitor-General of Australia, with an accompan ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Thornton V Shoe Lane Parking Ltd
is a leading English contract law case. It gives a good example of the rule that a clause cannot be incorporated after a contract has been concluded, without reasonable notice before. Also, it was held that an automatic ticket machine was an offer, rather than an invitation to treat. Although the case is important for these two propositions, today any exclusion of negligence liability for personal injury by businesses is prohibited by the Unfair Contract Terms Act 1977 s 2(1) and the Unfair Terms in Consumer Contracts Regulations 1999 Sch 2, para(a). Facts Francis Thornton, "a free lance trumpeter of the highest quality", drove to the entrance of the multi-storey car park on Shoe Lane, before attending a performance at Farringdon Hall with the BBC. He took a ticket from the ticket machine and parked his car. It said "This ticket is issued subject to the conditions of issue as displayed on the premises". On the car park pillars near the paying office there was a list, one ex ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
