Tag Archives: FAMILY LAWYER

Duty of Care, LAW FIRM, Negligence

Sydney Solicitors

ON 20 AUGUST 1984, the High Court of Australia delivered Jaensch v Coffey [1984] HCA 52; (1984) 155 CLR 549 (20 August 1984).

http://www.austlii.edu.au/au/cases/cth/HCA/1984/52.html

A plaintiff suffered nervous shock when immediately after an accident she saw her injured husband in hospital and was told of the seriousness of his injuries.

The High Court extended the class of persons to whom a duty of care is owed to those who, although not present at the scene of an accident, are at risk of suffering psychiatric injury by personally perceiving the direct and immediate aftermath of the accident in which a person with whom they are in a “close or intimate relationship” with is negligently injured or killed.

The duty of care was characterised as arising from the injury being reasonably foreseeable and sufficient proximity between the plaintiff and the defendant.

Lawyers

Sydney, Australia

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Duty of Care, LAW FIRM, Negligence

Sydney Lawyers

ON 20 AUGUST 1984, the High Court of Australia delivered Jaensch v Coffey [1984] HCA 52; (1984) 155 CLR 549 (20 August 1984).

http://www.austlii.edu.au/au/cases/cth/HCA/1984/52.html

A plaintiff suffered nervous shock when immediately after an accident she saw her injured husband in hospital and was told of the seriousness of his injuries.

The High Court extended the class of persons to whom a duty of care is owed to those who, although not present at the scene of an accident, are at risk of suffering psychiatric injury by personally perceiving the direct and immediate aftermath of the accident in which a person with whom they are in a “close or intimate relationship” with is negligently injured or killed.

The duty of care was characterised as arising from the injury being reasonably foreseeable and sufficient proximity between the plaintiff and the defendant.

Lawyers

Sydney, Australia

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Compensation to relatives, Damages, LAW FIRM

Nguyen v Nguyen [1990] HCA 9 | 8 March 1990

COMPENSATION TO RELATIVES. ON THIS DAY in 1990, the High Court of Australia delivered Nguyen v Nguyen [1990] HCA 9; (1990) 169 CLR 245 (8 March 1990).

In this matter, a widower was able to claim the loss of unpaid domestic services of his late wife.

In a Lord Campbell’s Act claim, a loss may include the value of services the deceased would have provided around the home.

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Constitutional law, Human Rights, LAW FIRM, United States

Dred Scott v Sandford (“Dred Scott case”) 60 US 393 (1857) | 5 March 1857

ON THIS DAY IN 1857, the US Supreme Court delivered Dred Scott v Sandford 60 US 393 (1857).

https://supreme.justia.com/us/60/393/case.html

The US Supreme Court ruled that slaves African ancestry were not citizens under the US Constitution.

The decision caused outrage and was a significant event leading up to the election of Abraham Lincoln and the Civil War from 1861 to 1865.

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Sydney, Australia

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Contract, Equity, LAW FIRM

Yerkey v Jones [1939] HCA 3

ON THIS DAY in 1939, the High Court of Australia delivered Yerkey v Jones [1939] HCA 3; (1939) 63 CLR 649 (6 March 1939).

http://www.austlii.edu.au/au/cases/cth/HCA/1939/3.html

Yerkey v Jones provides that: (1) a wife may have a guarantee set aside if the consent was obtained by undue influence, unless she received independent advice (at 649, per Dixon J); and (2) a wife has a prima facie right to have a guarantee set aside if she failed to understand the effect of the guarantee or its significance, unless steps were taken by the lender to inform the wife of such matters (at 683, per Dixon J).

Lawyers

Sydney, Australia

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Contract, LAW FIRM, Remedies, Restiution, Unjust Enrichment

Pavey & Matthews Pty Ltd v Paul [1987] HCA 5 | 4 March 1987

ON THIS DAY IN 1987, the High Court of Australia delivered Pavey & Matthews Pty Ltd v Paul [1987] HCA 5; (1987) 162 CLR 221 (4 March 1987). http://www.austlii.edu.au/au/cases/cth/HCA/1987/5.html A builder was entitled to recover remuneration for building work done despite there being no written enforceable contract because the client had accepted the benefit and therefore was obliged under the doctrine of unjust enrichment or restitution to pay fair and just compensation for the benefit accrued.

Section 45 of the Builders Licensing Act 1971 (NSW) (which provided that a building contract is not enforceable unless in writing and signed) did not prevent a builder from bringing an action in quantum merit (“as much as he has earned”) for the work done and materials supplied.

A claim based upon quantum merit does not require there to be an implied contract. A claim in quantum meruit is based upon restitution or unjust enrichment.

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Civil procedure, Evidence, LAW FIRM

Jones v Dunkel [1959] HCA 8 | 3 March 1956

ON THIS DAY IN 1959, the High Court delivered Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298 (3 March 1959).

http://www.austlii.edu.au/au/cases/cth/HCA/1959/8.html

The unexplained failure of a party to use certain evidence may, in some circumstances, result in an inference that the evidence would not have assisted their case.

Lawyers

Sydney, Australia

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Constitutional law, LAW FIRM

R v Kirby; Ex parte Boilermakers’ Society of Australia (“Boilermakers’ case”) [1956] HCA 10 | 2 MARCH 1956

ON THIS DAY IN 1956, the High Court of Australia delivered R v Kirby; Ex parte Boilermakers’ Society of Australia (“Boilermakers’ case”) [1956] HCA 10; (1956) 94 CLR 254 (2 March 1956).

http://www.austlii.edu.au/au/cases/cth/HCA/1956/10.html

The Commonwealth Court of Conciliation and Arbitration was established under the Conciliation and Arbitration Act 1904 (Cth). The court was vested it with federal executive powers under s51(xxv) of the Australian Constitution regarding “conciliation and arbitration for the prevention and settlement of industrial disputes extending beyond the limits of any one State”. The court also exercised federal judicial jurisdiction and power as a court under Chapter III of the Constitution.

The High Court ruled that the Commonwealth Court of Conciliation and Arbitration was unconstitutional because it conferred non-judicial functions on a Chapter III court.

The decision confirmed the doctrine of separation of powers in the Constitution by the rule that it is unconstitutional for non-judicial power to be conferred on a Chapter III court.

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Sydney, Australia

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Constitutional law, LAW FIRM, United States

Marbury v Madison 5 US 137 (1803) | 24 February 1803

ON THIS DAY IN 1803, the US Supreme Court delivered Marbury v Madison 5 US 137 (1803).

http://laws.lp.findlaw.com/getcase/us/vol/getcase/US/5/137.html

The Supreme Court of the United States held invalid legislation passed by Congress which purported to enlarge the original jurisdiction of the Supreme Court by authorising the issue of mandamus. The Court held that Congress had no power to give original jurisdiction to the Supreme Court in cases other than those described in Art III.

The decision is significant in that it sets the principle that the US Supreme Court has the ultimate power to review the validity of acts of Congress enacted in violation of the United States Constitution.

Lawyers

Sydney, Australia

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Contract, Damages, Landmark cases, LAW FIRM, United Kingdom

Hadley v Baxendale [1854] EWHC Exch J70 | 23 February 1854

ON THIS DAY IN 1854, the Court of Exchequer Chamber delivered Hadley v Baxendale [1854] EWHC Exch J70
(1854) 9 Ex Ch 341; 156 ER 145 (23 February 1854).

http://www.bailii.org/ew/cases/EWHC/Exch/1854/J70.html

The decision lays down the rule for assessing damages for breach of contract. There are two limbs: (1) losses which “may fairly and reasonably be considered either arising naturally, i.e., according to the usual course of things, from such breach of contract itself”; or (2) losses which “may reasonably be supposed to have been in the contemplation of the parties, at the time they made the contract, as the probable result of the breach of it”.

Per Alderson B:

“Now we think the proper rule is such as the present is this: Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, i.e., according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it. Now, if the special circumstances under which the contract was actually made where communicated by the plaintiffs to the defendants, and thus known to both parties, the damages resulting from the breach of such a contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances so known and communicated. But, on the other hand, if these special circumstances were wholly unknown to the party breaking the contract, he, at the most, could only be supposed to have had in his contemplation the amount of injury which would arise generally, and in the great multitude of cases not affected by any special circumstances, from such a breach of contract. For such loss would neither have flowed naturally from the breach of this contract in the great multitude of such cases occurring under ordinary circumstances, nor were the special circumstances, which, perhaps, would have made it a reasonable and natural consequence of such breach of contract, communicated to or known by the defendants. The Judge ought, therefore, to have told the jury, that, upon the fats then before them, they ought not to take the loss of profits into consideration at all in estimating the damages. There must therefore be a new trial in this case.”

Lawyers

Sydney, Australia

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