Sunday, December 27, 2009

CASE SUMMARY: PART 6


Chung Khiaw Bank Ltd vs. Hotel Rasa Sayang Sdn BhD & Anor [1990] 1 MLJ 356

Contract Law

“Thus in our view, it may be stated as a general principle that a contract the making of which is prohibited by statute expressly or by implication, shall be void and unenforceable unless the statute itself saves the contract or there are contrary intentions which can reasonably be read from the language of the statute itself”



Coatsworth vs. Johnson [1886] 54 LT 520

●EQUITY●

“A tenant cannot get specific performances of a contract for a lease if he is already in breach of his obligations”



Corbet vs. Hill [1870] LR 9 Eq 671

Land Law

“The owner of the land is ‘the owner of everything up to the sky and down to the centre of the earth’”



Congo vs. Belgium [2002] ICJ Rep 14

Public International Law

“The immunity of diplomatic agents remained in place even where the individual was alleged to have committed crimes against international law fro which personal responsibility existed”

“Universal jurisdiction was established as a principle of customary law”



Cornwell vs. Henson [1899] 2 Ch 710

Land Law

“It is often stated that the effect of a contract for sale of land is to make the purchaser from that moment in equity owner of the land. I think, however, that this statement is too wide. If by reason of delay or other circumstances the court declines to grant the purchaser specific performance, the purchaser is not treated as being in equity owner of the property”



Costa Rica Railways Company Ltd vs. Forwood [1901] 1 Ch 746

Law of Partnership

“As I understand, the rule is rule to protect directors, trustee and others against the fallibility of human nature by providing that, if they do choose to enter into contracts in cases in which they have or may have a conflicting interest, the law will denude them of all profits they may make thereby”



Court vs. Berlin [1897] 77 LT 293

Law of Partnership

“In order to carry on the partnership business it was necessary to recover debts due to the firm and for that purpose it was necessary to bring an action. The usual way to bring an action is to employ a solicitor to do so”



Cox vs. Snowball and Kaufman [1929] unreported case

Law of Partnership

“Although it is, of course, well known that clients are in fact often guided by the advise of their solicitors as experienced man of affairs, the conclusion that such advise is part of a solicitor’s business as such, or that it is the business of a give form, can only be based on evidence”



Cribb vs. Korn [1911] HCA 9; (1911) 12 CLR 205 (27 April 1911)

Law of Torts

“The Workers Compensation Act 1905 provides (sec. 4) that if, in any employment to which the Act applies, any personal injury by accident, arising out of or in the course of the employment, is caused to a worker, his employer shall, subject to the provisions of the Act, be liable to pay compensation”



Cribb vs. Korn[1911] 12 CLR 205

Law of Partnership

“To be partners they must be shown to have agreed to carry on the business...in common with a view to making profits and afterward of deciding them or of apply them to some agreed subject.”


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