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Da Costa v Jones (1778) 2 Cowp 729; HIH Casualty and General Insurance Ltd v Chase Manhattan Bank Rix LJ stated, "I am conscious that in Carter v. Boehm itself Lord Mansfield does seem to have considered that there was a difference between the concealment which the duty of good faith prohibited and mere silence (‘Aliud est celare; aliud ...
Carter v Boehm (1766) on good faith; Da Costa v Jones (1778) Hochster v De La Tour (1853) on anticipatory breach; Smith v Hughes (1871) on unilateral mistake and the objective approach to interpretation of contracts; Foakes v Beer [1] (1884) on part payments of debt (with a notable dissenting opinion by Lord Blackburn)
Uberrima fides (sometimes seen in its genitive form uberrimae fidei) is a Latin phrase meaning "utmost good faith" (literally, "most abundant faith").It is the name of a legal doctrine which governs insurance contracts.
The concept of good faith was established in the insurance industry following the events of Carter v Boehm (1766), and is enshrined in the Insurance Contracts Act 1984 (ICA). [26] The act stipulates, in Section 13, obligations of all parties within a contract to act with utmost good faith.
Jimmy Carter, who served a single full presidential term without the chance to appoint a Supreme Court justice, nonetheless left behind an incomparable judicial legacy.
Justice Boehm was appointed to the Indiana Supreme Court by then-Governor Evan Bayh on August 7, 1996. On November 4, 2008 the public voted to keep Boehm on the court in a statewide retention election. On May 25, 2010, Justice Boehm announced that he would retire from the Court on September 30, 2010.
Despite this controversy, the statement by Justice Deane appears to remain an accurate statement of the place of unjust enrichment in the Anglo-Australian law of obligations: [15] "[The concept of unjust enrichment] constitutes a unifying legal concept which explains why the law recognises, in a variety of distinct categories of case, an ...
James defined what affirmative action is in its most basic form. "(It) is a policy that encourages state institutions to take affirmative action to make sure their processes are fair," she explains.