Tallerman & Co Pty Ltd v Nathan’s Merchandise (Vic) Pty Ltd (1957) 98 CLR 93 PART I Summary of Facts The dispute occurred in Victoria between a registered company‚ Tallerman & Co Pty Ltd ("the plaintiff") and an incorporated company‚ Nathan’s Merchandise Pty Ltd. ("the defendant)‚ where both parties operated their business. Two previous binding contracts (orders No. 58 and No. M57) were made in communications on 14th May 1951 and 2nd August 1951 respectively‚ each for the sale by the plaintiff
Premium Contract
Since this is a civil action‚ all these matters will have to be proved according to ‘the preponderance of probability’ ( Miller v Minister of Pensions (1947)). Even where Annie is alleging matters that would amount to the criminal offence of arson‚ she does not have to prove them beyond reasonable doubt. In Hornal v Neuberger Products Ltd (1957)‚ the plaintiff was sold a lathe by the defendants. One of their directors was alleged to have stated falsely that the machine had been
Premium Pleading Pleading Evidence
ETHICAL CONCERNS IN ADMINISTRATION Since the 1970s there has been a great deal of change associated with the implementation of administrative ethics. These changes have been promoted and motivated by the concept of public administration in the new era. An important position is given to the concept of ethical issues in today’s civil governance. There has been a great deal of research associated with this concept which has been supported by translation of evidences and theories into practice across
Premium Ethics Management
whether the contract is unconscionable‚ which includes the following: bargaining power of both parties‚ whether the consumer understood the terms in the contract‚ and whether undue influence or pressure was applied. In Commercial Bank of Australia v Amadio
Premium Contract Common law Law
Table of Cases Anisminic Ltd V Foreign Compensation Commission (1969) 2 AC 147‚ (1969) 2 WLR 163....................................................................................................1 Craig v The State of South Australia (1995) 184 CLR 163 at 179.....................11 Ridge v Baldwin (1961) 2 All E.R. 523: (1961) 2 WLR 1054………………….6 R. V. Northumberland Compensation Appeal Tribunal‚ ex P. Shaw (1951) 1 K.B. 711: (1952) 1 K.B. 338…………………………………………………...13 Saluwa v Kabir (2011) 1 NWLR (pt
Premium Court Judge Jury
International presents An (ir)reverent portrait of Dzongsar Khyentse Norbu Rinpoche a film by Lesley Ann Patten Featuring Bernardo Bertolucci and Steven Seagal And music by Sting produced by Lesley Ann Patten for ZIJI Film & Television Ltd.‚ and Kent Martin for The National Film Board of Canada Canada - Color - 103 min - 35mm - Digital Surround Sound Contact: Wendy Lidell 212-777-5690 wlidell@infc.us WORDS OF MY PERFECT TEACHER A film by Lesley Ann Patten Synopsis From
Premium Tibetan Buddhism Film Dalai Lama
Salomon v A Salomon and Co Ltd (Salomon) has created an impressive case in English Law history. The decision of the House of Lords in Salomon has reaffirmed the separate legal personality of a company. A separate legal personality is also known as the corporate personality. It is one of the consequences of the Company Act 2006 which incorporated a sole trader company to a limited company. When a company has undergone incorporation‚ it simply means that the shareholders of the company are separated
Premium Corporation Limited liability
In this recent Ninth Circuit case the issues centered on compatibility between video games. Accolade copied a Sega video game to obtain compatibility with the Sega Genesis game system. Accolade decompiled the machine readable object code from a Sega game in order to achieve compatibility with the Sega system for games that it wished to independently create and market. Accolade then created a manual containing only the functional specifications of this decompiled code and not any of Sega’s actual
Premium Copyright Fair use Copyright infringement
COURT OF APPEAL Slater v Clay Cross Co Ltd [1956] 2 QB 264 Full text 17 May 1956 DENNING LJ: In Derbyshire there has been for well over a hundred years a railway line owned by the defendants. We were told that George Stephenson himself made it. The defendants use it so as to carry limestone from their quarries at Crich down to Ambergate. It is a small gauge line‚ only three feet‚ three inches wide‚ and is 2 1/2 miles long. On that small line there are two tunnels. One of them‚ with which we
Premium Internal combustion engine Tort law Tort
Case Background 1st Plaintiff – The World Food Fair Limited (formerly know as wealth state Investments Limited) 2nd Plaintiff – The World Enterprises Holdings Limited Defendant – Hong Kong Island Development Limited (Owner of shopping mall and two plaintiffs are the owners of retail shops) ------------------------------------------------------------------------------------------------------- In 1996‚ after conference‚ the plaintiffs brought an action against the defendant for breach of
Premium Contract Leasehold estate