Cases Flashcards
(10 cards)
What happened in the Hedley Berne v Heller case and what is the main legal issues it relates to?
- Bankers, disclosure statement, value of business
- Negligent mistatement - contracting out
- Held that the disclosure removed liability
What happened in the Pascoe Properties v Attorney General case and what is the main legal issues it relates to?
- Agency, ostensible v actual authority and how silence can create authority
- Held not authority
What happened in the Holmes v Australisian Holdings case and what is the main legal issues it relates to?
- Takapuna, premise search, AHL provides signed offer, Holmes, doesn’t get full signature and communciated, AHL cancels, “Hit us with a contract”
- No contract exists - intention of parties was obvious by words to only be formed when both signed - despite S24(1) PLA 2007
What happened in the Markholm Construction v WCC case and what is the main legal issues it relates to?
- Ballot, Bilateral contract, tender, invitation to treat vs offer, unilateral offer
- Held: council had committed to carry out ballot but to do now would result in massive loss and be ineffecient
- Held: amalgamation of votes was wrong as not stipulated
Givien: damages based on probability and value forfeited.
What happened in the Tri-star Customs v Denning case and what is the main legal issues it relates to?
- Tri-star sued due to mistake
- Tri-star had constructive knowledge, which was insufficient for proving mistake to be unilateral
What happened in the KB & QB v REAA & Li case and what is the main legal issues it relates to?
- House & INcome // “The single most important requirement”
- Issue: Was the agent misconduct by not investigating the premise to his/her claim
- Held: yes, ought to have duty to invesitage to a reasonable depth
Closurepac NZ Limited v WS 2014 Limited What happened in the case and what is the main legal issues it relates to?
- Misrepresentation to Nominee or not
- Held: Yes, but Closure Couldn’t sue due to the misrepresentations sitting outside the contract documentation and thus, S24(1) CCLA 2017 non applhy
- Director did not entilte
Donoghue v Stevenson - What happened in the case and what is the main legal issues it relates to?
- Ginger beer / Rotten Snail / Shock, vomit
- Neighbour principle - reasonably ought
- Duty of care owed to neighbour
Maketu Estates Ltd v Robb - What happened in the case and what is the main legal issues it relates to?
- Robb = agent // Maketu = Vendor // Lemon = Unsucc. Buyer // Jones = Succ
- Robb had a bias and was liable for difference on market value and the passed transaction value despite being of good character and in good faith
Wakelin v RH & EA Jackson - What happened in the case and what is the main legal issues it relates to?
- Crumbs / 1/2 mile competitor claim / opened / $7000 week to $6000 week claim
- Damages of $21,000 awarded
