Snell v Beadle [2001] JLR 118 (29 January 2001)

Snell v Beadle [2001] JLR 118 (29 January 2001)

The court held that the principle of deception d'outre moitie de juste prix in Jersey law is to be interpreted according to Jersey customary law, which may be clarified by reference to Norman authorities and Roman law, but not by current French law, other civilian jurisdictions, or English law.

Citation
[2001] JLR 118
Parties
Applicant: Snell; Respondent: Beadle
Jurisdiction
Jersey
Judgment Date
29 January 2001
Procedural Posture
Land Law / Judgment
Outcome
Principle clarified; Jersey customary law governs with reference to Norman and Roman law only.
Legal Topics
Deception D'outre Moitie De Juste Prix, Jersey Customary Law, Judicial Clarification, Norman Authorities, Roman Law, French Law, Civilian Jurisdictions, English Law Inapplicability
Property Law Deception D'outre Moitie De Juste Prix Jersey Customary Law Judicial Clarification Norman Authorities Roman Law French Law Civilian Jurisdictions +1 more

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Parties

Snell

Applicant

Beadle

Respondent

Procedural Posture

Land Law / Judgment

Legal Issues

  1. 1 What principles govern deception d'outre moitie de juste prix under Jersey law?
  2. 2 To what extent can Jersey customary law be clarified by reference to Norman authorities and Roman law?

Ratio Decidendi

The court held that the principle of deception d'outre moitie de juste prix in Jersey law is to be interpreted according to Jersey customary law, which may be clarified by reference to Norman authorities and Roman law, but not by current French law, other civilian jurisdictions, or English law.

Court Disposition

Principle clarified; Jersey customary law governs with reference to Norman and Roman law only.