Tuesday, December 29, 2009

CASE SUMMARY: PART 11


Harris vs. Nickerson [1873] LR 8 QB 286

Contract Law

“The advertisement of sale was a mere statement of intention to hold sale and not an offer which could be accepted to form a binding contract”



Hartela Contracts Ltd vs. Hartecon JV Sdn Bhd [1999] 2 AMR 2501

Law of Partnership

“Parties to a joint venture agreement owe fiduciary duties to each other”



Hartford Fire Insurance Co. vs. California US Supreme Court [1993] 113 S.Ct 2891

Public International Law

No real conflict existed with UK legislation (because UK law did not compel the UK companies to act in the way they did) and so no balancing between the interests of justice and the interests of international comity needed to be undertaken



Harvey vs. Harvey [1970] 120 CLR 529

Law of Partnership

“Where property, contributed by one partner as a partnership asset and for which the partner is credited in the capital account of the partnership, is improved, so that the dissolution of the partnership the sale price exceeds the value fixed at the time property became a partnership asset the excess is divisible as profits of the partnership business”



Hassan bin Seman & Ors vs. Jusoh bin Awang Chik [1982] 1 MLJ 66

Land Law

“Indefeasibility and correction of error are two independent provisions existing side by side. Each has its own sphere and scope of operation. The provision for correction of error is not even treated by the Code as an exception to indefeasibility provision. Thus correction of an error can never be a violation of the indefeasibility provision, and must remain outside the scope of the indefeasibility principle”



Hawkins vs. Garden [1925] 37 CLR 183

Land Law

“A transfer or conveyance does not extinguish the contract of sale, but when a purchaser accepts title, and pays his purchase money and the vendor transfer or conveys the land sold to the purchaser, then the ‘main duties’ of the contract have been performance, and the parties are discharged in relation to them ”



Heaven vs. Pender [1883] 11 QBD 503

Law of Torts

“Whenever one person is by circumstances placed in such a position with regard to another that every one of ordinary sense who did think would at once recognize that if he did not use ordinary care and skill in his own conduct with regard to those circumstances he would cause danger or injury to the person or property of the other, a duty arises to use ordinary care and skill to avoid such danger”



Hedley Byrne & Co vs. Heller & Partners Ltd [1964] AC 465

Law of Torts

“If someone possessed of a special skill undertakes, quite irrespective of contract, to apply that skill for the assistance of another person who relies on such skill, a duty of care arise”



Henthorn vs. Fraser [1892] 2 Ch 27

Contract Law

“The revocation or modification of an offer can be no more effectual than the offer itself unless brought to the mind of the person to whom the offer is made”



Hickman vs. Kent of Romney Marsh Sheepbreeders’ Association [1915] Ch 881

Company Law

“Each member is under an obligation to the company to act in accordance with the Articles”

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