Hawkins v Clayton [1988] HCA 15; (1988) 164 CLR 539 (8 April 1988) High Court of Australia Case Title: HAWKINS v. CLAYTON [1988] HCA 15; (1988) 164 CLR 539 F.C. 88/012 Medium Neutral Citation: [1988] HCA 15 Hearing Date(s): 1987‚ May 13 1988‚ April 8 Decision Date: 20 June 2011 Jurisdiction: High Court of Australia Before: C.J Mason J. Wilson J. Brennan J. Deane J. Gaudron Catchwords: Negligence - Duty of care - Solicitor - Will held by solicitor
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The relationship between the Dutch Haviltex case and the English HSBC Bank plc v. Liberty Mutual Insurance Company (UK) Ltd case Sometimes disputes arise between parties on the interpretation of certain contractual provisions . When such a dispute comes before a court‚ the judge will have to construe the contract (and the parties’ intentions). In the Haviltex case ‚ the Dutch Supreme Court developed the so-called Haviltex-formula in order to decide on the content and meaning of agreements. The
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Adverse Possession (AP) 1. Based on principle that if the paper owner fails to evict a squatter or trespasser from his land within a certain period‚ his title to the land will be lost. 2. Known also as ‘land theft’. 3. This right can only take effect when : - Paper owner has give up possession of the land (either because they have dispossessed or has discontinued their ownership) - Squatters take possession of the land in dispute. 4. Traditionally‚ no action shall be brought by any person
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Data Management It is extremely important for all organisations to record and store data for a number of reasons‚ one significant reason being to satisfy legal requirements. Government agencies such as HMRC‚ Department of Work & Pensions and the Health & Safety Executive to name but a few‚ can demand information from organisations at any time. Pay‚ tax and employee data needs to be accurately recorded and monitored by HR‚ in order to ensure employees are being treated fairly and organisations are
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Agent: Duff & Co Solicitors Querist: Mr. Gilbert Dire Re: Michael James O’ Rourkes Will Opinion Facts: On the 10th of March 1997 Michael James O’ Rourke of Big Acre Farm‚ Ballymona‚ County Clare made a last will and testament and appointed Querist and Peter Sean O’ Rourke of 22 Station Road‚ Ballymona‚ County Clare to be the executors and trustees of his will and trustees for the purposes of Settle Land Acts 1882 to 1890‚ Conveyancing Acts 1881 and 1911‚ and Section 57 of the Succession
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The Allegory of the Cave‚ written by Plato‚ was a very interesting read for me. It got me to think how alike we are to those prisoners in the cave. Just like them‚ we “see” or rather perceive shadows on a wall in our daily lives‚ but not in the sense of literal shadows‚ but in the form of events and desires that we may have. To the prisoners‚ the shadows were a “limitation” to their reality. For us today‚ I feel that our fears are our limitations; the things that stop us from seeing what is actual
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Using Photographs from the web The benefit of having so many visuals today is unbelievable. Since we have so visuals today it makes it easier to communicate with people. We are able to communicate with people without using any words‚ just using visuals. The new technology and resources like face book‚ YouTube‚ and motion pictures. With this type of technology it makes it easier to communicate without using words. It also expands your communication because now you’re
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Zero hour contracts always arise controversial debate all around the world. It is defined as an agreement that employers can hire staff without the guarantee of work offer‚ while employees are not obligate to work exclusively for that company. Such contract means employers do not have pension‚ sick pay and other benefits. It was reported by the Office for National Statistics that more than 900‚000 UK workers (2.9% of labor force) were employ on zero hours contract‚ and this number was expected to
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The issue is whether Jane can disaffirm the contract and demand that Midtown Toyota return her $3‚500. The specific issue is whether Jane made a false and fraudulent misrepresentation of her age when she entered into the contract with Midtown Toyota to purchase the vehicle. The court would likely find that Jane did not fraudulently misrepresent her age. Additionally‚ as a minor‚ Jane had no duty to read the contract she entered into with Midtown Toyota. The court would likely find that Jane did not
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------------------------------------x YOKO ONO LENNON‚ SEAN ONO LENNON‚ : 08 Civ. 3813 (SHS) JULIAN LENNON‚ and EMI BLACKWOOD : MUSIC‚ INC‚ Plaintiffs‚ : : -against- : : PREMISE MEDIA CORP.‚ L.P.‚ : C&S PRODUCTION L.P. d/b/a RAMPANT FILMS‚ : PREMISE MEDIA DISTRIBUTION‚ L.P.‚ : and ROCKY MOUNTAIN PICTURES‚ INC.‚ :: Defendants. SIDNEY H. STEIN‚ U.S. District Judge. The widow and children
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