Incat v Luba Freeport [2010] JLR 287 (30 April 2010)
- Citation
- [2010] JLR 287
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil / Judgment
More details
- Posture
- Civil / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
No valid contract to discontinue proceedings existed because there was no sufficient meeting of minds; the language of negotiations was conditional.
Court disposition
claim dismissed
02
Material facts
Parties
Incat
ApplicantLuba Freeport
Respondent03
Procedural history
Posture
Civil / Judgment
04
Questions and positions
Legal issues
- 01
What are the elements of a valid contract under Jersey law?
- 02
Was there a valid contract to discontinue proceedings between the parties?
Party arguments
- Applicant
- The applicant contended that a valid contract to discontinue proceedings existed between the parties.
- Respondent
- The respondent argued that there was no sufficient meeting of minds and that the language of negotiations was conditional, thus no valid contract existed.
05
Court’s reasoning
Legal principles
- 01
Jersey contract law
Under Jersey law, the elements of a valid contract are (a) consent; (b) capacity; (c) objet; and (d) cause. The underlying concept of volonte, or will, requires effect to be given to parties' mutual obligations and explains grounds of nullity for erreur, dol, deception d'outre moitie and lesion.
06
Ratio, limits and disposition
Ratio decidendi
No valid contract to discontinue proceedings existed because there was no sufficient meeting of minds; the language of negotiations was conditional.
Obiter and limits
- The concept of volonte explains the grounds of nullity for erreur, dol, deception d'outre moitie and lesion.
Court disposition
claim dismissed
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Incat v Luba Freeport [2010] JLR 287 (30 April 2010) URL: https://www.bailii.org/je/cases/JLR/2010/JLR100287.html Cite as: [2010] JLR 287 [ New search ] [ Help ] Incat v Luba Freeport 2010 JLR 287 (30 April 2010) Contract-creation-elements of valid contract-under Jersey law, elements of valid contract are (a) consent; (b) capacity; (c) objet; and (d) cause-underlying concept of volonte, or will-requires effect to be given to parties' mutual obligations and explains grounds of nullity for erreur, dol, deception d'outre moitie and lesion-no valid contract to discontinue proceedings if no sufficient meeting of minds, e.g. language of negotiations conditional The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2010 JLR 287 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2010/JLR100287.html
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