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Jersey Case Law

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Contract law [2018] JRC 071B

Holmes -v- Lingard and Others

Holmes -v- Lingard and Others [2018] JRC 071B (17 April 2018)

The court dismissed most of Shane Michael Holmes’s appeal, holding there was no sufficiently certain binding agreement with Harry James Lingard in June 2011.

  • Striking out
  • Summary judgment
  • Amendment of pleadings
  • Unjust enrichment
  • Reflective loss
  • Formation of contract
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Contract law [2010] JRC 083A

Incat v Luba

Incat v Luba [2010] JRC 083A (30 April 2010)

The Royal Court refused to discontinue proceedings, finding no binding settlement agreement had been concluded from the parties’ email exchanges.

  • Settlement agreements
  • Discontinuance of proceedings
  • Formation of contract
  • Erreur (mistake)
  • Settlement-agreements
  • Discontinuance-of-proceedings
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Contract law [2005] JRC 166

Eden and Bons -v- Whittingham

Eden and Bons -v- Whittingham [2005] JRC 166 (24 November 2005)

The Jersey Royal Court held that the plaintiffs failed to prove a binding contract to buy a tearoom business because essential terms were not agreed and there was no consensus ad idem.

  • Formation of contract
  • Consent
  • Lock-out agreements
  • Agency
  • Contract-formation
  • Consensus-ad-idem
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Contract law [2005] JRC 102

Regal Construction (J) Ltd -v- Dr N Mickhael

Regal Construction (J) Ltd -v- Dr N Mickhael [2005] JRC 102 (02 August 2005)

The Royal Court found a binding JCT Minor Works contract for a Jersey building project, rejected a ÂŁ50,000 first-fix-only deal, and held the interim certificates binding.

  • Formation of contract
  • Jct minor works contract
  • Fixed price contracts
  • Scope of works
  • Binding nature of architect's certificates
  • Contractual timescales
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Jersey decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.