Parker v Clark

Last updated

Parker v Clark
Citation(s)[1960] 1 WLR 286
Keywords
Creation of legal relations

Parker v Clark [1960] 1 WLR 286 is an English contract law case concerning reliance and creation of legal relations in a social type of agreement.

Contents

Facts

The Clarks, an elderly couple, invited their niece and her husband, the Parkers to live with them. The Parkers said they would like to, but it would mean they would have to sell their own house. The Clarks assured the Parkers that in doing so they would leave a share of the clark house to Mrs Parker, and her daughter, in their will. The Parkers sold their house, lent the balance of the money to their daughter who in turn bought a flat. Then the Parkers moved in. But they fell out. The Clarks asked them to leave, and the Parkers sued for breach of contract.

Judgment

Devlin J held that the Clarks were liable for damages to the Parkers given that the Parkers had relied to their detriment on the assurance of the Clarks that they would have a place to stay.

I cannot believe… that the defendant really thought the law would leave him at liberty, if he so chose, to tell the [claimants] when they arrived that he had changed his mind, that they could take their furniture away, and that he was indifferent whether they found anywhere else to live or not.

See also

Notes

    Related Research Articles

    <span class="mw-page-title-main">Babylonian law</span> Subset of cuneiform law

    Babylonian law is a subset of cuneiform law that has received particular study due to the large amount of archaeological material that has been found for it. So-called "contracts" exist in the thousands, including a great variety of deeds, conveyances, bonds, receipts, accounts, and most important of all, actual legal decisions given by the judges in the law courts. Historical inscriptions, royal charters and rescripts, dispatches, private letters and the general literature afford welcome supplementary information. Even grammatical and lexicographical texts contain many extracts or short sentences bearing on law and custom. The so-called "Sumerian Family Laws" are preserved in this way.

    <span class="mw-page-title-main">Priscilla Presley</span> American actress and businesswoman (born 1945)

    Priscilla Ann Presley is an American actress and businesswoman. She is the former wife of American singer Elvis Presley, as well as co-founder and former chairwoman of Elvis Presley Enterprises (EPE), the company that turned Graceland into one of the top tourist attractions in the United States. In her acting career, Presley co-starred with Leslie Nielsen in the three Naked Gun films and played the role of Jenna Wade on the long-running television series Dallas.

    <i>The Small House at Allington</i>

    The Small House at Allington is a novel by English novelist Anthony Trollope. It first appeared as a serial in the 1862 July to December edition of the Cornhill Magazine, and ended its run in the July to December edition of the following year. It was later published 1864 as a two volume novel. It is the fifth book in the Chronicles of Barsetshire series, preceded by Framley Parsonage and followed by The Last Chronicle of Barset. It enjoyed a revival in popularity in the early 1990s when the British prime minister, John Major, declared it as his favourite book.

    <span class="mw-page-title-main">Harriet Jacobs</span> African-American survivor of slavery, abolitionist, educator and writer

    Harriet Jacobs was an African-American writer whose autobiography, Incidents in the Life of a Slave Girl, published in 1861 under the pseudonym Linda Brent, is now considered an "American classic". Born into slavery in Edenton, North Carolina, she was sexually harassed by her enslaver. When he threatened to sell her children if she did not submit to his desire, she hid in a tiny crawl space under the roof of her grandmother's house, so low she could not stand up in it. After staying there for seven years, she finally managed to escape to the free North, where she was reunited with her children Joseph and Louisa Matilda and her brother John S. Jacobs. She found work as a nanny and got into contact with abolitionist and feminist reformers. Even in New York, her freedom was in danger until her employer was able to pay off her legal owner.

    False imprisonment or unlawful imprisonment occurs when a person intentionally restricts another person’s movement within any area without legal authority, justification, or the restrained person's permission. Actual physical restraint is not necessary for false imprisonment to occur. A false imprisonment claim may be made based upon private acts, or upon wrongful governmental detention. For detention by the police, proof of false imprisonment provides a basis to obtain a writ of habeas corpus.

    <span class="mw-page-title-main">William Parker, 4th Baron Monteagle</span> English baron

    William Parker, 13th Baron Morley, 4th Baron Monteagle, was an English peer, best known for his role in the discovery of the Gunpowder Plot. In 1605 Parker was due to attend the opening of Parliament. He was a member of the House of Lords as Lord Monteagle, the title on his mother's side. He received a letter; it appears that someone, presumably a fellow Catholic, was afraid he would be blown up. The so-called Monteagle letter survives in the National Archives, but its origin remains mysterious.

    <span class="mw-page-title-main">Colonel Tom Parker</span> Dutch-born US musical entrepreneur (1909–1997)

    Thomas Andrew Parker, commonly known as Colonel Parker, was a Dutch-born musical entrepreneur, best known for being Elvis Presley's manager.

    <i>Webster</i> (TV series) American sitcom

    Webster is an American sitcom television series that aired on ABC from September 16, 1983, to May 8, 1987, and in first-run syndication from September 21, 1987, to March 10, 1989. The series was created by Stu Silver.

    <span class="mw-page-title-main">Lolly Allen</span> Soap opera character

    Shannon Louise "Lolly" Allen is a fictional character from the Australian soap opera Neighbours. She made her first screen appearance during the episode broadcast on 25 July 1994. Louise was played by Tessa Taylor from her birth, with Jiordan Tolli taking over the role a few months later. The character was written out in 2001 when Tolli's parents and the producers felt it was the right time for her to leave. In 2006, it was announced that Louise would be returning to Neighbours and Adelaide Kane was cast in the role, after winning the Dolly "Neighbours Next Big Stars" competition. Kane's contract was not renewed and Louise departed on 29 June 2007. The character returned for one episode on 4 October 2013 with Tolli in the role.

    <span class="mw-page-title-main">Skye Chandler</span> Soap opera character

    Skye Chandler is a fictional character from the ABC soap operas All My Children, One Life to Live, and General Hospital. Initially portrayed by Antoinette Byron, the role was then portrayed by Robin Christopher for most of the next 25 years, with the exception of the mid-1990s, when Carrie Genzel portrayed the character.

    James W. Parker was the uncle of Cynthia Ann Parker and the great uncle of Quanah Parker, last chief of the Comanches. A man of English American descent, he was a member of the large Parker frontier family that settled in east Texas in the 1830s.

    <i>EastEnders</i> episodes in Ireland Series of EastEnders episodes set in Ireland

    In 1997, the BBC soap opera EastEnders broadcast three singular transmissions that were filmed on location in Dublin, Ireland. The episodes involved the Fowler and Beale family travelling from London to Ireland to meet their long-lost relatives. The episodes were badly received by viewers and heavily criticised in the media. The BBC was inundated with complaints from angry viewers from Ireland for negative stereotyping, portraying Irish people as "dirty, rude, and drunk". Complaints were made by the Irish Embassy and there were fears that the episodes would have a negative effect on the Irish tourist trade. The BBC was forced to issue an apology for causing offence.

    <span class="mw-page-title-main">English contract law</span> Law of contracts in England and Wales

    English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth, from membership in the European Union, continuing membership in Unidroit, and to a lesser extent the United States. Any agreement that is enforceable in court is a contract. A contract is a voluntary obligation, contrasting to the duty to not violate others rights in tort or unjust enrichment. English law places a high value on ensuring people have truly consented to the deals that bind them in court, so long as they comply with statutory and human rights.

    <i>Merritt v Merritt</i>

    Merritt v Merritt [1970] EWCA Civ 6 is an English contract law case, on the matter of creating legal relations. While under the principles laid out in Balfour v Balfour, domestic agreements between spouses are rarely legally enforceable, this principle was rebutted where two spouses who formed an agreement over their matrimonial home were not on good terms.

    <i>Hussey v Palmer</i>

    Hussey v Palmer [1972] EWCA Civ 1 is an English trusts law case of the Court of Appeal. It concerned the equitable remedy of constructive trusts. It invokes the equitable maxim, "equity regards the substance and not the form."

    <i>Errington v Wood</i>

    Errington v Wood[1951] EWCA Civ 2 is an English contract law and English land law judicial decision of the Court of Appeal concerning agreement and the right to specific performance of an assurance that is relied on.

    <span class="mw-page-title-main">Kristina Davis</span> Fictional character

    Kristina Corinthos-Davis is a fictional character General Hospital, an American soap opera on the ABC network. Introduced in 2002, Kristina is the daughter of mob kingpin Sonny Corinthos and his former attorney -- Alexis Davis. She is currently being portrayed by Lexi Ainsworth after being rapidly aged in 2009. Ainsworth received critical acclaim for her portrayal and was nominated for Daytime Emmy Award for Outstanding Younger Actress in a Drama Series in 2011. Between 2012–13, she was played by Lindsey Morgan. Kristina's storylines during Morgan's tenure were critically panned, but Morgan also earned a Daytime Emmy nomination in the Outstanding Younger Actress category in 2013. In 2015, Ainsworth returned to the role. In 2017, Ainsworth won a Daytime Emmy Award for Outstanding Younger Actress in a Drama Series.

    <span class="mw-page-title-main">Marriage in ancient Greece</span> Marriage, unions and partnerships in ancient Greece

    Marriage in ancient Greece had less of a basis in personal relationships and more in social responsibility. The goal and focus of all marriages was intended to be reproduction, making marriage an issue of public interest. Marriages were usually arranged by the parents; on occasion professional matchmakers were used. Each city was politically independent and each had its own laws concerning marriage. For the marriage to be legal, the woman's father or guardian gave permission to a suitable man who could afford to marry. Orphaned daughters were usually married to uncles or cousins. Wintertime marriages were popular due to the significance of that time to Hera, the goddess of marriage. The couple participated in a ceremony which included rituals such as veil removal, but it was the couple living together that made the marriage legal. Marriage was understood to be the official transition from childhood into adulthood for women.

    References