Preview

Case Summary Wayling vs. Jones

Satisfactory Essays
Open Document
Open Document
356 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Case Summary Wayling vs. Jones
Wayling v Jones
The Facts
Wayling and Jones lived together for 16 years in a homosexual relationship
Jones had owned a number of businesses throughout this period including numerous residential properties and a greengrocers
Wayling worked in these businesses and had his living expenses taken care of and he was also given a small amount of pocket money for himself
Jones then bought a hotel (Glen-y-Mor Hotel ) and promised Wayling that he would inherit it on his death made note of this in his will
He then sold this hotel and bought a different one (Royal Hotel Barmouth) and Wayling started working here on reduced wages because Jones had promised he would take over this business
Jones died without altering his will
Wayling didn’t inherit the Royal and only got assets worth £375
Wayling became bankrupt
Argued that he should inherit the Royal because he relied on the deceased’s promise

Legal questions the court had to consider
Had the plaintiff relied on Jones’ promise and in turn suffered damages or a loss because of reliance on these promises?
What were the intentions of the deceased (He had previously told his accountant that the Royal hotel would be going to Wayling he just hadn’t altered his will). Equity maxim – Equity looks to the intent rather than the form

Difficulties encountered by the plaintiff

The judge at first instance held that the claim in proprietary estoppel failed because the plaintiff was unable to prove in cross-examination that the promises that he would inherit property after the death of the deceased influenced him to remain working for Mr Jones.

How the court resolved the dispute

They found in favour of the plaintiff, he had relied heavily on Jones’s promises and suffered detriment by not receiving higher wages for running the Royal Hotel, only received pocket money.

The defence had the burden of proof to disprove his reliance, but they were unable.

Significance of case, Agree/Disagree

It emphasised

You May Also Find These Documents Helpful

  • Good Essays

    Sandra Jones

    • 811 Words
    • 4 Pages

    5. The issues that the court had to decide is whether the motion judge erred by granting summary judgment and dismissing Jones claim for damages on the ground that Ontario law does not recognize the tort of beach of primacy.…

    • 811 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Jones Case Study

    • 1107 Words
    • 5 Pages

    Since it seems like the Jones’ are set on having a family and that family is important to them this scenario will focus more on what could be best for them to do to make sure their family life is stable.…

    • 1107 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Business Law Contracts

    • 265 Words
    • 2 Pages

    Cyril made two contracts. The first was to have his house painted one month from the date of the written contract. The second was for his neighbor's 1957 Ford Thunderbird. Each contract was definite and clear in all respects. As to the house painting, Cyril inquired with the painter as to when the work could begin. The painter explained that he was extremely busy and was not sure if he could fulfill the contract. Cyril flew into a rage and immediately hired someone else who painted the house, but at a higher price. Cyril then sued the painter, claiming that there was an anticipatory repudiation of the contract by the painter.…

    • 265 Words
    • 2 Pages
    Good Essays
  • Good Essays

    There did not come into existence a valid written contract or contracts binding upon plaintiff and defendant there is no basis upon which to consider plaintiff’s claims for equitable relief or defendant’s affirmative defenses in opposition thereto. Specifically, therefore, I make no findings as to the issues of fraud and deceit, or any other of the equitable issues raised by defendant’s affirmative defenses.…

    • 1064 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Courtroom Oberservation

    • 612 Words
    • 3 Pages

    Based on the courtroom observations there appeared to be insuff evience to grant the defendant a summary judgment. The facts of…

    • 612 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Earl Jones Ponzi Scheme

    • 1183 Words
    • 5 Pages

    Bertram Earl Jones, known as Earl Jones was born on June 24th in the year 1942 in Montréal Québec. Jones “grew up in the tightly knit, modest neighbourhood called Notre-Dame-de-Grace, the youngest of four children. Harming, warm and generous, he commanded loyalty throughout the neighbourhood “(Gartner, 2010). In his early twenties he landed his first job at the Montreal Trust Company where he became experienced in all the following: investment management, estates and trust administration, will planning and manager of the mortgage department. With this knowledge he felt that he was ready to begin his own investment advisory company, although he was not registered by law. He went on to scam 50 million dollars from 150 clients before being caught.…

    • 1183 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Gospel of Wealth?

    • 561 Words
    • 3 Pages

    I believe that a lot of people waste money all the time. Whether it was back when Carnegie wrote this essay, or whether we are talking about today’s times, money is wasted somehow on something. I do not, however, agree that most heirs waste the money that is left to them. I think, yes, some blow it off not really knowing what to do with it. But I would think that some, also being scared and not knowing what to do with it, probably won’t touch the money. Or if they do, they only will in small sums.…

    • 561 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Business Law I Case Study

    • 502 Words
    • 3 Pages

    The defendants, upon being hired by Russell, entered into contracts which contained three relevant covenants in this case; not to compete with the plaintiffs, not to solicit the plaintiff’ customers, and not to disclose the plaintiffs’ confidential information. The defendants, for many alleged reasons, separated themselves from the plaintiff and began working for a competitor, Red Bull New York, between August and November 2007. The plaintiff claimed that the defendants were contradiction the covenants mentioned above because of his immediate drop in customers since the defendants left. The defendants claim that all of the information can be readily found on the internet and that they had not disclosed any confidential information. If the defendants were to be found guilty then the consequences would be an oppressive and unfair scenario. Therefore, the motion for preliminary injunction was denied in favor of the defendants.…

    • 502 Words
    • 3 Pages
    Good Essays
  • Good Essays

    I believe that they could have been paid off by the Ramsey’s. The ransom note was also…

    • 549 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Blaustein V. Burto Brief

    • 291 Words
    • 2 Pages

    Issue: Was there a contract, and if there was, did the defendants breached that contract and confidential relationship, and unjustly received enrichment from such breach?…

    • 291 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    He ran Wood's firm for two years after her death before opening Baldwin & Martin Inc. in 1952 with Edward Martin, who had been his assistant at his former firm.…

    • 1029 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    hoover motor express

    • 437 Words
    • 2 Pages

    FACTS: The Hoover Motor Express Company delivered a written offer to purchase certain real estate to the Clements Paper Company on November 19, 1949. Williams, who is a vice president at Clements, had been authorized in December to accept Hoover’s offer, yet he did not contact Hoover by telephone until January 13, 1950 because he believed he would accept the offer unless he could negotiate a better deal. Clements made a written acceptance of Hoover’s offer on January 20, 1950. Hoover refused to perform, claiming that the offer was revoked on January 13. Clements stated that Hoover did not revoke its offer on January 13. Hoover claimed that Clements accepted Hoover’s offer on January 20. Clements filed suit against Hoover for breach of contract and asked the trial court for specific performance or damages. The trial court ruled in favor of Clements in holding that Hoover’s offer had not been revoked on January 13. Hoover appealed and the Court of Appeals affirmed the decree. Hoover petitioned for certiorari to the Supreme Court of Tennessee.…

    • 437 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Case Study

    • 785 Words
    • 4 Pages

    -Fact: Russell (D) was severely injured at work, and Sacred Heart General Hospital (P) provided medical treatment. Russell, uncertain who his employer was at the time of the injury, filed workers; compensation claims against each purported employer. The four purported employers and their insurers, including Aetna (D), subsequently entered into a Disputed Claim Settelement (DCS) agreement with Russell (D). The DCS agreement provided the certain sums and expenses would be the sole responsibility of Aetna (D), while Russell (D) would be responsible for his own temporary and permanent disability plus future medical expenses. The Hospital (P), then, brought sult to recover payment for Russell's (D), medical care, claiming an implied-in-fact contract and account stated against Russell (D), and third party beneficiary status under the DCS agreement against Aetna (D). At the close of evidence, Aetna (D) made a motion for a directed verdict, which was denied. The jury relieved Russell (D) of the claim against him, but rendered judgment against Aetna (D). Aetna (D) appealed, claiming it was error to deny…

    • 785 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Galella v Onassis

    • 823 Words
    • 3 Pages

    Holding: Yes, dismissal of the plaintiff’s claims below was proper and he failed to raise a claim of…

    • 823 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Held. The trial court erred in granting defendant judgment on the pleadings because the plaintiff’s complaint states a cause of action for breach of an express contract, and can be amended to state a cause of action independent of allegations of express contract.…

    • 600 Words
    • 3 Pages
    Good Essays

Related Topics