A Case Analysis on Stilk V Myrick

In: Other Topics

Submitted By rohangoswami26
Words 2610
Pages 11
CONTRACTS PROJECT
A CASE ANALYSIS ON
Stilk v Myrick
16 December 1809
(1809) 2 Campbell 317
170 E.R. 1168

BY
ROHAN GOSWAMI
NATIONAL LAW UNIVERSITY, ODISHA
ROLL NUMBER: 042
SEMESTER: SECOND SEMESTER
COURSE: B.A. L.L.B
Email: 12BA042@nluo.ac.in

FEBRUARY 2013

This case analysis forms a part of the internal assignment and was assigned by the subject Professor Mr Rangin Pallav Tripathy.

Issues that would be dealt with in the following case analysis:

* The Law as it stood before the Case, * Properly structured facts of the Case, * Issues before the Court, * Issues which were determine by the Court, * Identifying such issues if any, which the Court did not determine, * Properly stating the Decision of the Court, * The reasons as identified by the Court for its Decision, * Your analysis of whether the issues were framed properly or not, * Your analysis as to the correctness of the reasoning of the Court and * Your Opinion on the impact of the decision on the Law in general.

The Law as it stood before the Case

Pre-existing Duty Rule:
This case was decided on the basis of Principle of CONSIDERATION under the existing Law of Contracts and the law was same before the ruling of this case.
When a seaman is bound by his contract of service to serve for a particular voyage, a promise to increase his wages, unless there is increased duty or hazard, does not bind the promisor.2 It is otherwise, however, if the promise is made in consideration of increased peril and labor under circumstances which would have justified the seaman in throwing up the contract.

The Judgment was inspired by a preceding case Harris v. Watson.
However the applicability of Stilk v Myrick was still debatable until it was overturned by Williams v Roffey Bros & Nicholls (Contractors) Ltd.

Facts Of The Case

This is related…...

Similar Documents

Marietta V. Lorenz Case Analysis

...correct the employee's performance or the other issues that led to employment termination. Within the at will employment law the five public policy exceptions include the following. The refusal to participate in illegal activity, the employee’s refusal to forsake the performance of an important public duty or obligation, the employee’s refusal to forego the exercise of a job-related legal right or privilege, the employee’s “whistleblowing” activity or other conduct exposing the employers wrongdoing, and the employee’s performance of an act that public policy would encourage under circumstances where retaliatory discharge is supported by evidence of employers bad faith, malice, or retaliation. Summary of the facts: In the case of Martin Marietta v. Lorenz, Lorenz is suing over the claim of wrongful discharge. Lorenz held a degree in advanced engineering and had at the time of employment complete all of the necessary work for a doctorate in metallurgy except his thesis. Prior to his employment with Marietta in 1972, he had been employed with Boeing Company in Washington for sixteen years working on defense and aerospace projects and specializing in fracture mechanics, which involves the study of the fracture or stress resistance of materials used in the design and construction of aerospace equipment. He began employment with Marietta in July of 1975. Lorenz was the principal investigator at Marietta’s research and development department on multiple NASA projects which...

Words: 1304 - Pages: 6

Palsgraf V. Long Island Analysis and Case Brief

...Palsgraf v. Long Island Analysis and Case Brief By: Jeffrey Boswell, Steven Casillas, Antwan Deligar & Randy Durham BMGT 380 Professor Eden Allyn 26 May 13 Facts The plaintiff, Helen Palsgraf, filed a suit against the Long Island Rail Road Company. The plaintiff claimed the Long Island Railroad Company’s negligence resulted in injury to her person. A passenger was attempting to board a moving train and lost his footing. The man looked as though he was going to fall. A guard reached out to help the man onto the train and another guard attempted to push him onto the train from behind. The man was carrying a box that was covered by a newspaper. As the guard reached to catch the man, the box was dislodged and fell on the tracks. Once the box hit the tracks it exploded and caused a chain reaction. On the other side of the platform the explosion caused scales to fall on the plaintiff. Issue The court must decide if the plaintiff’s rights were violated. Since she filled a suit of negligence against the Long Island Railroad Company she must prove four things. She must prove that the defendant owed her a duty of care. Second, she must prove that the defendants breached that duty. Third, the breach of that duty caused the plaintiff’s injuries. Fourth, the plaintiff must prove that she suffered a legally recognizable injury (Clarkson, Miller, & Cross, 2012, p. 136). Ruling The appeals court reversed the...

Words: 790 - Pages: 4

Case Analysis on Balfour V. Balfour

...NAtional Law University, Orissa Case Analysis On balfour v. balfour Submitted to submitted by Prof. Rangin Pallav Tripathy Nikhil Saini Assistant Professor of Law 12/ B.A. LL.B/041 School of Law Contents Introduction 2 Law as it stood before the case 2 Facts 3 Decision of the court 3 Atkin, l.j. 4 Lord Duke 4 Issues raised 5 Criticism Of The Judgment 6 Effect Of The Case 7 In England 7 Introduction This is a judgment pronounced by Court of Appeal in England cited as in [1919] 2 K.B. 571. This case has been authority in itself for the principles set in the case not only in England but also in our country where it is cited in several cases and accepted by Hon’ble Courts. We have discussed this case in detail in several cases discussed later by us. Balfour v. Balfour, three quarters of a century after it was decided, remains a leading case. It features prominently in all contract textbooks . So, basically it is very important to discuss this important whose principles are being propounded until now. The question in the instant case is of contract. Legal intention to form contract and consideration were two important concepts which we used to......

Words: 2192 - Pages: 9

Case Analysis: Baker V Osborne Developement Corp

...Case Analysis: Baker v. Osborne Development Corp Arbitration is a method of alternative dispute resolution (ADR) designed to keep disputes out of a court of law and streamline the process of coming to a final resolution. The process of arbitration is a method, “…in which an arbitrator (a neutral third party or a panel of experts) hears a dispute and imposes a resolution on the parties. Arbitration is unlike other forms of ADR because the third party hearing the dispute makes a decision for the parties.” (Fundamentals of Business Law, Miller and Jentz, 2010, Ch. 2,pg. 50) An arbitration agreement is an agreement, either a separate contract or, as is more often the case, a clause contained within a contract, which both parties must agree to and is usually binding. In the case of Baker v. Osborne Development Corp., however, things aren’t quite that straight up. The original arbitration agreement was between Osborne and Home Buyers Warranty (HBW), whom Osborne had hired to administer a home warranty program. Weeks after people had moved into their new homes HBW sent out warranty booklets to homeowners that contained the phrase, “Any and all claims, disputes and controversies by or between the Homeowner, the Builder, the Warrant Insurer and/or HBW shall be submitted to arbitration.” (http://extmedia.kaplan.edu/legal/LS311/LS311_1303C/LS311_Assignment_2.pdf) At first one might be inclined to say the homeowners would have to submit to arbitration. In the case of NCR......

Words: 938 - Pages: 4

Kentucky V. King Case

...this is the official verdict in the case that represents the vote of the majority of justices Dissenting opinion is an opinion that is written by a justice who disagrees with the majority Concurring opinion is an opinion that agrees with the decision but may disagree with the some of the reasoning behind the Court opinion, or may elaborate on a point made or introduce further relevant information 3. List the major differences between trial and appellate courts. Trial courts are the courts where cases start. In the trial court, both sides present evidence to show their version of what happened but in the appellate courts, there are no witnesses, and no evidence is presented. Also the second difference between the two courts is the judges. In trial courts, there is one judge in the courtroom. That judge decides what evidence can and cannot be used and often decides the outcome of the case. In Indiana, appeals are decided by more then one judge. The last major difference between the trial courts and the appellate courts is the role of the jury. A jury is a group of citizens who listen to the facts and make decisions about the case. 4. On what basis (you can name more than one) can a Case go to Federal Court? It has to do with something that involves a question of federal law or that the federal court has jurisdiction for some other reason, such as diversity. Reuther v. Southern Cross Club, Inc., 785......

Words: 354 - Pages: 2

Uoi V R. Gandhi/ Madras Bar Association V Uoi: Case Analysis

...UOI v R. Gandhi/ Madras Bar Association v UOI, (2010) 2 Comp LJ 577 (SC). Author’s Name: Aditi Tambi Registration Number: 11A008 TABLE OF CONTENTS Introduction………………………………………………………………..2 Rule of Law…………………………………………………………………4 Separation of Power……………………………………………………….6 Development of Tribunalisation in India………………………………..8 UOI v R.Gandhi……………………………………………………………....10 * Facts………………………………………………………………....10 * Issues………………………………………………………………...12 * Contentions of Petitioner………………………………………….12 * Contentions of Respondent………………………………………...13 * Provisions of Law in Question……………………………………...13 * Judgment……………………………………………………………...15 Conclusion………………………………………………………..20 INTRODUCTION The author in the in this project will deal with the case for and against the Tribunalisation of company law in India. The following discussion culminates from the Constitutional Bench Judgment of the Supreme Court that upheld the establishment of the National Company Law Tribunal (NCLT) and the National Company Law Appellate Tribunal (NCLAT), in an appeal filed by the Union of India against a Madras High Court judgment. The case in discussion is Union of India v. R. Gandhi / Madras Bar Association v UOI. What was effectively held in the judgment was to uphold the legislative competence of the Parliament to create the NCLT and NCLAT. In the present case, upon recommendations of Eradi Committee, constituted to suggest measures to avoid unnecessary delay in litigation,......

Words: 7805 - Pages: 32

Unit V Case Study

...McDonald’s Case Study V McDonald’s perceived product positioning maps in comparison to their corporate strategy do line up to what is expected. There are areas for improvement in relation to their direct competition in every town. In reference to EPS/EBIT, it is relevant to their strategy implementation. McDonald’s product positioning maps do line up with their corporate strategy. Their strategy or motto is “Plan to Win”. When I think of a fast food restaurant winning, I think of winning over the masses of customer traffic. They certainly do this well. What makes up this strategy is; continued growth in the US and abroad, being a sustainable company, new items, new designs of business models, and remaining very competitive (NMINM's University, "n.d."). There is nothing about being the best quality, friendliest customer service, healthiest option, or most comfortable atmosphere. In these categories, I feel that they want to just do better than they have in the past with continued improvements. When you take a look at these product positioning maps, they tend to fall on the lower ends and very conservative in many fields such as atmosphere, quality, healthy choices, and limited choices (NMINM's University, "n.d."). Areas they tend to do better than some of their competition is speed of service, taste, and price (NMINM's University, "n.d."). This is in line with sales. These are the categories that the masses of customers tend to pay more attention to. There are over 32,000......

Words: 313 - Pages: 2

Doenz V Garber Case

...Tyler Payne March 14, 2014 Facts In the case of Doenz v. Garber, the Doenz family fights the rules of adverse possession of the land acquired by the Garber family. Rules For this case, Wyoming Adverse Possession rule needs to be fully interpreted. Adverse possession is when a person wrongfully possesses someone else’s land if certain statutory requirements are made. If the elements of adverse possession are met, the adverse possessor acquires the title to the land. The possessor will be given a clear title as long as the statutory time period is met. In Wyoming all adverse possession rules must be met. Analysis Based on the evaluation of the facts, the Garber family has claimed this land by adverse possession. The Garber family acquired their 80 acres of land by warranty deed; this deed was recorded with the state. This land had been enclosed by a fence for more than 50 years. The Garber’s ownership of this property for more than 10 years establishes a statutorily prescribed period of time. The fence established an area that was used to graze cattle and produce hay. Therefore, the Garber family established actual and exclusive ownership of the property. The land was physically occupied and used by the Garber family. The use of this land was continuous and uninterrupted during the time before the Doenz family acquired the adjacent property. Although the Garber’s had not been paying taxes on the land they acquired, this does not void the claim on adversely possessed......

Words: 386 - Pages: 2

Case Analysis : Dambarudhar V State of Orissa

...CASE ANALYSIS : DAMBARUDHAR V STATE OF ORISSA -SANMATI RAONKA, Symbiosis Law School, PUNE Contract is an agreement in which two parties wilfully enters into which binds them in a civil obligation. Therefore in order to enter into a contract the parties must agree to the same fact in the same manner. Their decision should not be waivered by any factors like fraud, coercion, misinterpretation or mistake. If any of the previously mentioned factors affect the decision of the parties entering into a contract then consent is said to be not given freely. Free Consent is very important to our case as there is a scope of misrepresentation that is one of the parties did not have or was mistaken to the material fact of the contract. Mulla and Pollock commenting on this section have observed that the expression “the same thing” appearing in this section means the whole content of the agreement, whether it consists, wholly or in part, of delivery of material objects, or payment, or executed acts or promises. According to section 10 of The Indian Contract Act, 1872, all agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void. Nothing herein contained shall affect any law in force in India, and not hereby expressly repealed by which any contract is required to be made in writing or in the presence of witnesses, or any law relating to the......

Words: 2930 - Pages: 12

Case Study Analysis of Palsgraf V. Long Island Railroad Company

...Case Study Analysis of Palsgraf v. Long Island Railroad Company Michael J. Roberts Liberty University Palsgraf v. Long Island Rail Company is a case where the plaintiff, Ms. Palsgraf, was on one end of a train platform when a package was knocked out of the hands of another passenger who was attempting to board a moving train with the assistance of a guard, the defendant, on the other end of the train platform. The package being knocked out of the passenger’s arms and onto the ground created an explosion which knocked over some scales that were near Ms. Palsgraf and caused harm to her at the opposite end of the train platform. Mr. Palsgraf is taking the Long Island Rail Company, representing the guard on the platform, to court for damages she suffered through the injuries caused by the scale falling on her as a result of the guards assisting another passenger onto the train and knocking the package out which then exploded. Negligence is not a tort unless it results in the commission of a wrong, and the commission of a wrong imports the violation of a right, in this case, we are told, the right to be protected against interference with one’s bodily security. (Edwards, 1999, p. 131) In this case negligence is not a consideration as the guard was unaware of the contents of the passenger and he was doing his duty in protecting the passenger by pushing him onto the train before he fell off and injured himself. Proximate cause concerns arise because it may sometimes......

Words: 858 - Pages: 4

Libel: Gregory V. Gregory Case Analysis

...which is spoken defamation. In the case Gregory v. Gregory, plaintiffs Robert, Christopher, and Samuel Gregory sue their brother, W. Patric Gregory III (“Patric Gregory”) for libel. The brothers are in a family business together called New Jersey Galvanizing and Tinning Works, Inc. (“NJG”), where one of the plaintiffs, Robert Gregory, is the president. A few years ago, the plaintiffs were involved in a dispute that did not include the defendant Patric Gregory. Siblings James Gregory, Mary Gregory O’Connor, Michael Gregory, and Elizabeth Gregory filed a complaint against Robert, Christopher, and Samuel Gregory in order to keep shares for which President Robert Gregory issued a call notice, as well as alleging conspiracy, breach of fiduciary duty, shareholder oppression, and the taking of corporate opportunity. Although James, Mary, Michael, and Elizabeth were awarded about $1.5 million total for their shares in June 2013, the court held that Robert, Christopher, and Samuel Gregory did not oppress their minority shareholders or engage in wrongdoing. In February 2014, the defendant, Patric Gregory, published and shared a binder to fifteen people in the Gregory family, including the plaintiffs and Michael, Mary, James, and Elizabeth, that explains his factual take on the earlier NJG stock redemption dispute (“the Binder”). The Binder describes statements that the plaintiffs believe are libelous due to their false nature. The defendant moved for the case to be dismissed because......

Words: 1050 - Pages: 5

V , S Case Analysis

...BA, MSc Thesis submitted to the University of Nottingham for the degree of Doctor of Philosophy April2011 ABSTRACT This research investigates the links between operations strategy, business environment, operations resources and business performance of retail firms in China. A framework integrating operations strategy with business environment and operations resources was developed based on existing literature. A triangulation strategy that combines quantitative (questionnaire survey) and qualitative (case studies) methods was employed. The framework was tested using "Survey data from 106 retail firms in China. Multivariate quantitative statistical analysis was primarily used as the method to analyse the questionnaire data. In addition, qualitative studies were performed using five case studies of retail firms in China. The interview data were examined using both within- and cross-case analysis methods. The framework proposed in this research was supported by both quantitative and qualitative analyses. Strong relationships between business environmental factors (such as business cost, competitive hostility, and environmental dynamism), operations strategy, and performance were observed. This research applications, important further found that operations human resources, role in helping and relationships retailers develop resources (such as retail technology with......

Words: 19791 - Pages: 80

Liebeck V. Mcdonald’s and Pearson V. Custom Cleaners Legal Case Analysis

...Liebeck v. McDonald’s and Pearson v. Custom Cleaners Legal Case Analysis AMBA 610 9043 University of Maryland University College Introduction Frivolous lawsuits can be a determent to those who are really seeking justice through the court system. Lawsuits that are frivolous in nature are filed in the court systems that lack legal merit (Frivolous Lawsuit Law & Legal Definition, 2015). Plaintiffs and attorneys who decide to partake in meaningless claims against other parties can anger society by wasting tax payer’s money on cases that are filed and argued with loop holes in litigation (Frivolous Lawsuit Law & Legal Definition, 2015). Evaluating the product and service liability laws will give insight into the two cases that will be discussed in this paper. The two cases covers how product liability effects the consumer and company owners of each industry of businesses. Cases that are brought to courts for product liability is always initiated by the plaintiff who has to prove if the defendant is liable for alleged action claims (Jones, 2015). Two cases that have made an impact on the pursuit of filing frivolous lawsuits is the Liebeck v. McDonald’s and Pearson v. Custom Cleaners case, which will be discussed in further detail throughout this paper. If cases set precedence’s in the court systems, then these two cases show how people can obtain or attempt to collect monies from others that lacks in importance to bringing legal justice per society standards.......

Words: 3359 - Pages: 14

Case Analysis - Liebeck V. Mcdonald’s Restaurants Andpearson V. Chung

...Case Analysis Liebeck v. McDonald’s Restaurants Pearson v. Chung Introduction Liebeck v. McDonald’s Restaurant, also referred to as the “McDonald coffee case”, was a well known case in the United States of America in 1994 because it was considered frivolous. The case involved a woman Stella Lieback, who spilled the hot coffee she purchased from McDonald onto her lap and sustained a series of third degree burns, and was awarded millions of dollars from her lawsuit against McDonalds. The coffee was not only hot, but it was scalding, capable of immediate damage to the skin, flesh and muscle (Letric Law, 2011). In addition to the above case, the Pearson v. Chung case, also known as the “pants lawsuit”, was also a well known case in America in 2005 (Lexis-Nexis, 2008). This is a case where an administrative law judge in the District of Columbia had taken a pair of pants to the cleaners for alteration and dry cleaning; and sued the cleaners for $67 million dollars for the loss of his pants. The case was considered frivolous and became a flashpoint in the debate in the United States over tort reform (Lexis-Nexis, 2008). The major focus of this paper will be to critically analyze these two cases on the stated facts, the issues, the applicable laws, and the decision of the judge and the jury. What are the facts? There are some facts associated with Liebeck v. McDonald’s case. The woman involved in this case was 79-year old Stella Liebeck of Albuquerque, New Mexico,...

Words: 4178 - Pages: 17

Coughlin V. Tailhook Case Analysis

...Coughlin v. Tailhook Case Analysis LAW/531 October 4, 2010 Coughlin v. Tailhook Case Analysis COUGHLIN v TAILHOOK 112 F.3d 1052 (1997) United States Court of Appeals, Ninth Circuit Appeals from the United States District Court for the District of Nevada WIGGINS, Circuit Judge: During a convention at the Las Vegas Hilton, Navy Lieutenant Paula Coughlin was attacked by a group of men in a hotel hallway outside several convention-related hospitality suites. She sued several defendants, including the hotel and the organization which hosted the convention. A jury awarded her several million dollars in compensatory and punitive damages against the Las Vegas Hilton Corporation ("LVHC") and Hilton Hotels Corporation ("HHC"). LVHC and HHC (collectively,"Hilton") appeal. BACKGROUND The infamous 1991 Tailhook Convention served as the stage for the despicable event that led to this lawsuit. Hosted by the Tailhook Association ("Association"), the Tailhook Convention was an annual symposium and convention primarily directed at military aviators and held at the Las Vegas Hilton in Las Vegas, Nevada. Navy Lieutenant Paula A. Coughlin, a decorated helicopter pilot, attended the 1991 Tailhook Convention in her capacity as an aide to Rear Admiral John Snyder. After attending a banquet at the Las Vegas Hilton on the evening of Saturday, September 7, 1991, Coughlin returned to her nearby hotel to change out of her military uniform. She......

Words: 2045 - Pages: 9

Montantes e titulares | Share on Google+ | Constantine: Ciudad de los demonios The Movie (2018)