Bennett v Lincoln [2005] JRC 029A (16 March 2005)

Bennett v Lincoln [2005] JRC 029A (16 March 2005)

There was no partnership between the plaintiff and defendant as there was no consent or meeting of minds; estoppel cannot create a partnership or compromise agreement where none exists; no binding compromise agreement was reached; plaintiff is not entitled to further payment on quantum meruit.

Citation
[2005] JRC 029A
Parties
Plaintiff: Neil; Defendant: Val
Jurisdiction
Jersey
Judgment Date
16 March 2005
Procedural Posture
Civil / Final Judgment
Outcome
claim dismissed
Legal Topics
Existence of Partnership, Estoppel by Representation, Compromise Agreement, Quantum Meruit
Contract Law Partnership Law Estoppel Existence of Partnership Estoppel by Representation Compromise Agreement Quantum Meruit

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Parties

Neil

Plaintiff

Val

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether a partnership existed between the plaintiff and defendant in relation to the Blue Collar business
  2. 2 Whether the defendant is estopped from denying the existence of a partnership
  3. 3 Whether a compromise agreement was reached and binding

Ratio Decidendi

There was no partnership between the plaintiff and defendant as there was no consent or meeting of minds; estoppel cannot create a partnership or compromise agreement where none exists; no binding compromise agreement was reached; plaintiff is not entitled to further payment on quantum meruit.

Court Disposition

claim dismissed

Orders

  • Order of Justice dismissed
  • No further payment due to plaintiff