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Jersey Case Law

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Contract law [2021] JRC 065

O'Hare v Burgher 04-Mar-2021

O'Hare v Burgher 04-Mar-2021 [2021] JRC 065 (04 March 2021)

The Jersey Royal Court construed a settlement agreement as requiring the defendant to vacate a property within three months, granting summary judgment for the plaintiff.

  • Interpretation of contracts
  • Specific performance
  • Vacant possession
  • Lease cancellation
  • Contract-interpretation
  • Summary-judgment
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Civil procedure [2005] JRC 150A

Abraham -v- Perry

Abraham -v- Perry [2005] JRC 150A (31 October 2005)

The Royal Court set aside substituted service, finding insufficient evidence that personal service on Mr Perry was impracticable and declining to deem service valid.

  • Service of process
  • Substituted service
  • Specific performance
  • Settlement agreement
  • Civil-procedure
  • Service-of-process
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Contract law [2003] JRC 109A

Perry v Abraham

Perry v Abraham [2003] JRC 109A (02 July 2003)

The Jersey Royal Court held that a detailed heads of agreement for a HO3B joint venture was binding and ordered specific performance for transfer of shares.

  • Specific performance
  • Joint venture agreements
  • Certainty in contracts
  • Condition subsequent
  • Good faith in contracts
  • Sale of shares
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Contract law [2002] JRC 138

Hamon v Webster

Hamon v Webster [2002] JRC 138 (19 July 2002)

A neighbour dispute over building works and a promised lease ended with the court holding the written agreement, as varied, was binding and the plaintiff failed to finish on time.

  • Specific performance
  • Breach of contract
  • Variation of contract
  • Termination of contract
  • Damages
  • Counter-claim
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Contract law [1979] JLR 19

Felard Invs. Ltd. v Church of Our Lady

Felard Invs. Ltd. v Church of Our Lady [1979] JLR 19 (01 February 1979)

The court refused specific performance of an agreement to extinguish a restrictive covenant affecting land, holding the remedy was not appropriate on the facts.

  • Specific performance
  • Restrictive covenants
  • Interests in land
  • Specific-performance
  • Restrictive-covenants
  • Interest-in-land
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Equity [1978] JLR 119

Symes v Couch

Symes v Couch [1978] JLR 119 (27 July 1978)

The Royal Court applied equitable jurisdiction and part performance to enforce an oral contract for sale, ordering the defendant to implement the agreement.

  • Part performance
  • Oral contract
  • Specific performance
  • Part-performance
  • Oral-contract
  • Specific-performance
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Land law [1977] JLR 135

Romeril v Davis

Romeril v Davis [1977] JLR 135 (13 October 1977)

The court held that without a signed agreement or part performance, no remedy was available for enforcement or damages, and acceptance of a written tender to purchase was not binding.

  • Contract of sale
  • Specific performance
  • Damages in lieu of specific performance
  • Requirement of signed agreement
  • Part performance
  • Specific-performance
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Land law [1974] JJ 65

York Street Pharmacy Ltd. v Rault

York Street Pharmacy Ltd. v Rault [1974] JJ 65 (18 July 1974)

The court held that a promesse à l'héritage is not specifically enforceable in Jersey, though it may still support a claim for damages.

  • Promesse a l'heritage
  • Specific performance
  • Damages
  • Land-law
  • Specific-performance
  • Promesse-a-lheritage
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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.