 | This article relies largely or entirely on a single source .(July 2014) |
Morrisson v Robertson 1907 CSIH 11, 1908 SC 332 is Scots contract law case establishing the common law principles that govern unilateral error. [1]
| | This article relies largely or entirely on a single source .(July 2014) |
Morrisson v Robertson 1907 CSIH 11, 1908 SC 332 is Scots contract law case establishing the common law principles that govern unilateral error. [1]
Alexander Telford, pretending to be the son and agent of James Wilson, approached Robert Morrisson to purchase two cows. Morrison sold the cows to Telford on credit, because he knew that Wilson had a good credit. Telford re-sold the cows to Robertson. Morrison subsequently found out that Telford had been a rogue and was not related to Wilson. Morrisson petitioned a Sheriff court to recover the two cows from Robertson. [2] [3]
The action was successful. It was held that there had been no contract between Morrisson and Telford. The purported transaction was a complete nullity. Accordingly, Telford had no rights which he could pass on to Robertson, so Morrisson was entitled to recover his cows.[ citation needed ]
Donoghue v Stevenson [1932] AC 562 was a landmark court decision in Scots delict law and English tort law by the House of Lords. It laid the foundation of the modern law of negligence in common law jurisdictions worldwide, as well as in Scotland, establishing general principles of the duty of care.
Unconscionability is a doctrine in contract law that describes terms that are so extremely unjust, or overwhelmingly one-sided in favor of the party who has the superior bargaining power, that they are contrary to good conscience. Typically, an unconscionable contract is held to be unenforceable because no reasonable or informed person would otherwise agree to it. The perpetrator of the conduct is not allowed to benefit, because the consideration offered is lacking, or is so obviously inadequate, that to enforce the contract would be unfair to the party seeking to escape the contract.
Liquidated damages, also referred to as liquidated and ascertained damages (LADs), are damages whose amount the parties designate during the formation of a contract for the injured party to collect as compensation upon a specific breach. This is most applicable where the damages are intangible.
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Cundy v Lindsay (1877–78) LR 3 App Cas 459 is an English contract law case on the subject of mistake, introducing the concept that contracts could be automatically void for mistake as to identity, where it is of crucial importance. Some lawyers argue that such a rule is at odds with subsequent cases of mistake as to identity, such as Phillips v Brooks, where parties contracting face to face are merely voidable for fraud, protecting a third party buyer. However, the ultimate question is whether the identity of the other contracting party was crucial to the contract. The problem for the courts was essentially which of the two innocent parties should bear the loss of the goods.
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Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd[1914] UKHL 1 is an English contract law case, concerning the extent to which damages may be sought for failure to perform of a contract when a sum is fixed in a contract. It held that only if a sum is of an unconscionable amount will it be considered penal and unenforceable. The legal standing of this case has been superseded by the Supreme Court's 2015 ruling in the combined cases of Cavendish Square Holding BV v Talal El Makdessi and ParkingEye Ltd v Beavis.
Canadian maritime law is based on the field of "Navigation and Shipping" vested in the Parliament of Canada by virtue of s. 91(10) of the Constitution Act, 1867.
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Morrisson may refer to: