Burke v. Sogex International Ltd [1992] JCA 172 (30 September 1992)
- Citation
- [1992] JCA 172
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil Appeal / Judgment
More details
- Posture
- Civil Appeal / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court held that the termination was not in accordance with the contract terms, entitling the applicant to damages.
Court disposition
appeal allowed
Orders
- Respondent to pay damages to applicant
02
Material facts
Parties
Burke
ApplicantSogex International Ltd
RespondentAmounts and remedies
- Damages Awarded: 0
03
Procedural history
Posture
Civil Appeal / Judgment
04
Questions and positions
Legal issues
- 01
Whether the termination of the employment contract was lawful
- 02
Whether the applicant is entitled to damages for wrongful termination
Party arguments
- Applicant
- Applicant contended that the termination of his employment contract was wrongful and sought damages.
- Respondent
- Respondent argued that the termination was lawful under the terms of the contract.
05
Court’s reasoning
Legal principles
- 01
Common law principles of contract
A party to a contract may terminate only in accordance with the express terms or implied rights under the contract.
06
Ratio, limits and disposition
Ratio decidendi
The court held that the termination was not in accordance with the contract terms, entitling the applicant to damages.
Court disposition
appeal allowed
- Respondent to pay damages to applicant
Source and reliance status
Official court record
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Judgment reading view
Judgment text
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Court record
Judgment
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