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Case law, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called ...
Construction law builds upon general legal principles and methodologies and incorporates the regulatory framework (including security of payment, planning, environmental and building regulations); contract methodologies and selection (including traditional and alternative forms of contracting); subcontract issues; causes of action, and liability, arising in contract, negligence and on other ...
Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38 is an English contract law case concerning interpretation of contracts.It creates a so-called "red ink" rule, that there is no limit to verbal rearrangement that the court may deploy to give a commercial sensible meaning when construing a contract in its bargaining context.
Codelfa Construction Pty Ltd v State Rail Authority of New South Wales, [1] ("Codelfa") is a widely cited Australian contract law case, [2] which serves as authority for the modern approach to contractual construction. [3] The case greatly influenced the development of the Eastern Suburbs railway line. In terms of contract law, the case ...
[30] [25] That opinion defines “to employ” in three alternative ways: “(a) to exercise control over the wages, hours or working conditions, (b) to suffer or permit to work, or (c) to engage, thereby creating a common law employment relationship.” [25] After analyzing each of these definitions in the context of the drivers’ claims, the ...
Ruxley Electronics and Construction Ltd v Forsyth [1995] UKHL 8 is an English contract law case, concerning the choice between an award of damages for the cost of curing a defect in a building contract or (when that is unreasonable) for awarding damages for loss of "amenity".
It has been said that the Engineers case attacks the reasoning in D'Emden, but rationalises the conclusion. A later case (Attorney-General for Queensland v Attorney-General for the Commonwealth) [24] that applied D'Emden was attacked as resting on opinions "as to hopes and expectations respecting vague external conditions".
This category includes United States case law interpreting important statutes or setting precedents for the manner in which courts are to interpret statutes. Subcategories This category has the following 10 subcategories, out of 10 total.