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Henderson v Merrett Syndicates Ltd; Court: House of Lords: Decided: 25 July 1994: Citation [1995] 2 AC 145, [1994] UKHL 5, [1994] 3 All ER 506, [1994] UKHL 5 Court membership
United States v. Throckmorton (98 U.S. 61) is an 1878 decision of the U.S. Supreme Court on civil procedure, specifically res judicata, in cases heard at equity.A unanimous Court affirmed an appeal of a decision by the District Court for California upholding a Mexican-era land claim, holding that collateral estoppel bars untimely motions to set aside the verdict where the purportedly ...
A latae sententiae penalty is a penalty that is inflicted ipso facto, automatically, by force of the law itself, at the very moment a law is contravened, hence a broadly applied judgment. A ferendae sententiae penalty is a penalty that is inflicted on a guilty party only after a case has been brought and decided by an authority in the Church.
An unreasonable restraint is severable, and the court enforced the amended agreement that Nordenfelt "for the next 25 years, would not make guns or ammunition anywhere in the world , and would not compete with Maxim in any way" thus permitting him to trade in those very items in direct competition with Maxim, illustrating the limited practical ...
Spiliada has since been adopted in numerous jurisdictions including Canada, [3] Singapore, [4] New Zealand, [5] and Hong Kong. [6] The standard, however, has been rejected by Australia, where it has been held that a local court can only decline to exercise jurisdiction if it can be established that it is a clearly inappropriate forum. [7]
Lord Kerr, delivering a unanimous judgment, held that the wording of the 1972 Order was clear enough to exclude the application of the Carltona doctrine (paras 31–32). Besides, in light of the seriousness of the consequences of the decision, the decision ought to be made by the Secretary of State personally (para 38).
Denning LJ, Morris LJ and Parker LJ held that although the warehouse employees were negligent, the clause effectively exempted them.. Denning LJ's judgment went as follows. Note that his reference to the concept of a fundamental breach precluding an exclusion of liability was rejected by the House of Lords some years later in Photo Production Ltd v Securicor Transport Ltd [1980] AC 8
Marleasing SA (the Applicant) brought an application before the Spanish national courts for an order that the contract establishing "La Comercial" was void and that the formation of La Comercial should be nullified on the grounds that establishment "lacked cause, was a sham transaction and was carried out in order to defraud the creditors of Barviesa (a co-founder of La Comercial)".