Case law Flashcards
Frazer v Walker
A person who acquires property in good faith from a person who acts fraudulently, causing loss to another person still has indefeasible title.
Efstatiou Glantschnig and Petrovic v Glantschnig
Where a purchaser obtains title of a property and are a party to fraud in obtaining the title, they will not obtain indefeasible title even if it is registered. Being a party to the fraud can be proven circumstantially such as, haste of registration, the low price and the knowledge of the deception.
Boyd v Mayor of Wellington
Where there is no fraud, just mistake in process, a registration of interest in land can still result in indefeasible title.
Morrow & Benjamin v Whittington
This relates to a minor who was allowed to purchase stock using credit from the firm. It held that although it was fair, the circumstances of the contract, it was not reasonable for them to allow a 17 year old to incur such a debt in those circumstances.
Brace v Calder
Brace was employed by four people in a partnership for a period of two years. When the partnership disbanded 5 months later, Brace lost his job but was offered a job with the same terms by two of the original partners. Because he turned this down he could not sue for damages as he failed to mitigate his loss.
A person who acquires property in good faith from a person who acts fraudulently, causing loss to another person still has indefeasible title.
Frazer v Walker
Where a purchaser obtains title of a property and are a party to fraud in obtaining the title, they will not obtain indefeasible title even if it is registered. Being a party to the fraud can be proven circumstantially such as, haste of registration, the low price and the knowledge of the deception.
Efstatiou Glantschnig and Petrovic v Glantschnig
Where there is no fraud, just mistake in process, a registration of interest in land can still result in indefeasible title.
Boyd v Mayor of Wellington
A contract may be fair but the circumstances not reasonable.
Morrow & Benjamin v Whittington
Brace was employed by four people in a partnership for a period of two years. When the partnership disbanded 5 months later, Brace lost his job but was offered a job with the same terms by two of the original partners. Because he turned this down he could not sue for damages as he failed to mitigate his loss.
Brace v Calder
