|
McRae V Commonwealth Disposals Commission
''McRae v Commonwealth Disposals Commission'',. is an Australian contract law case, relevant for English contract law, concerning the common mistake about the possibility of performing an agreement. Facts The Commonwealth Disposals Commission sold McRae a shipwreck of a tanker on the "Jourmand Reef", near Samarai supposedly containing oil. The McRae brothers went to Samarai and found no tanker, and that there was no such place as the Jourmand Reef. It later became clear that the Commission officer had made a 'reckless and irresponsible' mistake in thinking that they had a tanker to sell (the Court found that they had relied on mere gossip). The McRae brothers incurred considerable expense in fitting out a salvage operation. The McRae brothers commenced an action claiming damages against the Commission. First they claimed damages for breach of contract to sell a tanker at the location specified. Second, they claimed damages for fraudulent misrepresentation that there was a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Edward McTiernan
Sir Edward Aloysius McTiernan (16 February 1892 – 9 January 1990) was an Australian lawyer, politician, and judge. He served on the High Court of Australia from 1930 to 1976, the longest-serving judge in the court's history. McTiernan was born in Glen Innes, New South Wales. He graduated from the University of Sydney in 1915, and was called to the bar the following year. McTiernan was elected to the New South Wales Legislative Assembly in 1920, representing the Labor Party, and was soon after appointed Attorney-General of New South Wales. He served as attorney-general under John Storey, James Dooley, and Jack Lang, but left state politics in 1927. McTiernan was elected to the House of Representatives in 1929, but served for little over a year before Prime Minister James Scullin nominated him to the High Court. He was 38 at the time; only H. V. Evatt (another Scullin nominee) was appointed at a younger age. On the court, McTiernan was considered a moderate, and was known ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commonwealth Disposals Commission
A commonwealth is a traditional English term for a political community founded for the common good. The noun "commonwealth", meaning "public welfare, general good or advantage", dates from the 15th century. Originally a phrase (the common-wealth or the common wealth – echoed in the modern synonym "public wealth"), it comes from the old meaning of "wealth", which is "well-being", and was deemed analogous to the Latin ''res publica''. The term literally meant "common well-being". In the 17th century, the definition of "commonwealth" expanded from its original sense of "public welfare" or " commonweal" to mean "a state in which the supreme power is vested in the people; a republic or democratic state". The term evolved to become a title to a number of political entities. Three countries – Australia, the Bahamas, and Dominica – have the official title "Commonwealth", as do four U.S. states and two U.S. territories. Since the early 20th century, the term has been used to name som ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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'' (Keith Urban album), 2024 * ''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 * ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Contract Case Law
English usually refers to: * English language * English people English may also refer to: Culture, language and peoples * ''English'', an adjective for something of, from, or related to England * ''English'', an Amish term for non-Amish, regardless of ethnicity * English studies, the study of English language and literature Media * ''English'' (2013 film), a Malayalam-language film * ''English'' (novel), a Chinese book by Wang Gang ** ''English'' (2018 film), a Chinese adaptation * ''The English'' (TV series), a 2022 Western-genre miniseries * ''English'' (play), a 2022 play by Sanaz Toossi People and fictional characters * English (surname), a list of people and fictional characters * English Fisher (1928–2011), American boxing coach * English Gardner (born 1992), American track and field sprinter * English McConnell (1882–1928), Irish footballer * Aiden English, a ring name of Matthew Rehwoldt (born 1987), American former professional wrestle ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cooper V Phibbs
''Cooper v Phibbs'' 867UKHL 1is an English contract law case, concerning the doctrine of mistake. Facts Cooper's uncle, not intending to misrepresent anything, but being in fact in error, told Cooper that he (the uncle) was entitled to a fishery. Cooper, after his uncle's death, acting in the belief of the truth of what his uncle had told him, entered into an agreement to rent the fishery from the uncle's daughters. However, the fishery actually belonged to Cooper himself. After the uncle died, the lease was renewed through Cooper's aunt, via her three daughters, Cooper's cousins, and Mr Phibbs acting as their agent. The aunt, three sisters, and Cooper, had all assumed that they were entitled to the land through a right of inheritance. In fact, Cooper was truly entitled to an equitable residual interest, because the uncle in his will had granted Cooper a life tenancy. When the sisters asked for the next rental payment, this had transpired and Cooper sought a declaration that he ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Courturier V Hastie
''Couturier v Hastie'' 856UKHL J3is an English contract law case, concerning common mistake between two contracting parties about the possibility of performance of an agreement. Facts Couturier agreed with Hastie to deliver some corn. They thought it was in transit between Salonica (now Thessaloniki) and the UK. But the corn had already decayed. The shipmaster had sold it. Couturier argued that Hastie was liable for the corn because Hastie had already bought an "interest in the adventure", or rights under the shipping documents. Judgment The House of Lords held that because the corn effectively did not exist at the time of the contract, there was presence consideration and the buyers were not liable to pay the price. Lord Cranworth LC said: See also *English contract law *Frustration in English law *Sale of Goods Act 1979 The Sale of Goods Act 1979 (c. 54) is an Act of the Parliament of the United Kingdom which regulated English contract law and UK commercial law in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Australia
The High Court of Australia is the apex court of the Australian legal system. It exercises original and appellate jurisdiction on matters specified in the Constitution of Australia and supplementary legislation. The High Court was established following the passage of the ''Judiciary Act 1903'' (Cth). Its authority derives from chapter III of the Australian Constitution, which vests it (and other courts the Parliament creates) with the judicial power of the Commonwealth. Its internal processes are governed by the ''High Court of Australia Act 1979'' (Cth). The court consists of seven justices, including a chief justice, currently Stephen Gageler. Justices of the High Court are appointed by the governor-general on the formal advice of the attorney-general following the approval of the prime minister and Cabinet. They are appointed permanently until their mandatory retirement at age 70, unless they retire earlier. Typically, the court operates by receiving applicati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Samarai
Samarai is an island and former administrative capital in Milne Bay Province, Papua New Guinea. The island is historically significant as the site of a trading port and stop-over between Australia and East Asia. Samarai town was established on the island and at its height was the second largest after Port Moresby in the Territory of Papua. The town of Samarai was ordered to be destroyed by the British during World War II, fearing Japanese occupation. Although rebuilt after the war, and functioning as provincial headquarters until 1968, economic changes meant that Samarai did not fully regain its regional status and it has since largely fallen into disrepair. The island was declared a ''National Historical Heritage Island'' by the government of Papua New Guinea in 2006. Geography Located off the south-eastern tip of New Guinea in the China Strait, Samarai has an area of just or 29 hectares. At the census of population 2014, the island had a population of 460, making it one ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Mistake
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 Tsavlir ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Owen Dixon
Sir Owen Dixon (28 April 1886 – 7 July 1972) was an Australian judge and diplomat who served as the sixth Chief Justice of Australia. Many consider him to be Australia's most prominent jurist.Graham Perkin �Its Most Eminent Symbol Hidden by The Law (published in The Age on 23 September 1959) Dixon served as a justice of the High Court of Australia, High Court for 35 years, including a 12 year period as Chief Justice. He was considered in his time to be one of the world's leading common law jurists, and his judgments reportedly "carried persuasive effect wherever the common law was applied". In his lifetime, he was showered globally with various honours, including an appointment to the Privy Council, various honours such as the Order of St Michael and St George, GCMG and Order of Merit, as well as honorary degrees from the university of Oxford, Harvard, Melbourne, and the Australian National University, as well as an award from Yale for "services to mankind". The Briti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Contract Law
English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the Industrial Revolution, it shares a heritage with countries across the Commonwealth of Nations, Commonwealth (such as Australian contract law, Australia, Canadian contract law, Canada, Indian contract law, India), from membership in the European Union, continuing membership in Unidroit, and to a lesser extent the United States. Any agreement that is enforceable in court is a contract. A contract is a Voluntariness, voluntary Law of obligations, obligation, contrasting to the duty to not violate others rights in English tort law, tort or English unjust enrichment law, unjust enrichment. English law places a high value on ensuring people have truly consented to the deals that bind them in court, so long as they comply with statutory and UK human rights law, human rights. Generally a contract forms w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Contract Law
The law of contract in Australia is similar to the contract law of other Anglo-American common law jurisdictions, but differences from other jurisdictions have arisen over time because of statute law and divergent development of common law in the High Court, particularly since the 1980s. A brief history Australian courts take the view that contract law arose in the actions of assumpsit,. and concepts of motive and reliance. Bargain theory is an important part of how contract law is understood; ''quid pro quo'', is understood to be an essential element. The law of equity plays an important role in Australian contracts, and will affect which remedies may be available when a contractual promise is breached. Doctrines of importance to contract law practitioners include negligent mis-statement, promissory estoppel, and misleading or deceptive conduct. Formation There are five essential elements necessary for legally binding contract formation: # Agreement between the parties ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
