Case Note: Ozolins v Conlon Word Count: 3719 Introduction Conlon v Ozolins is arguably one of the most controversial and most significant cases in New Zealand law when it comes to contractual mistake. With a majority judgment, it identifies an intention of the courts to do what is fair in certain circumstances. The outcome of the case is heavily criticised as being wrongly decided because of the ignorance of the objective theory of contract formation, disagreement in regards to the Contractual Mistakes Act 1977, ignorance of separation of powers, the interpretation of mutual mistake, the relief given, the application of estoppel, the effect of agency and the use of dissenting judgments. Although, there are plenty of controversial reasons for a wrongly decided case, I will then argue that the Court of Appeal rightly decided the outcome of the case. Facts Conlon v Ozolins involves an elderly widow, Mrs Ozolins, who contracted to sell four lots of property, but only intended to sell three lots. Mrs Ozolins had a valuation of her land, which was arranged by her solicitor. Mrs Ozolins and her solicitor spoke about which property she wanted to sell and she referred to Lots 1 - 3 as ‘the land at the back’. Her solicitor, who had never been to the property, failed to assume that Mrs Ozolins means Lots 1 - 3 and not Lots 1 - 4 because Lots 1 – 4 includes her home. When Mr Conlon showed an interest in the property she referred him to her solicitor who showed him the title for
The case was brought forward to the NSW Supreme Court in 2001 whereby Judge Hulme ordered both Respondents as negligent. This decision was reversed by the Supreme Court of Appeal whereby the judgement was granted in favour of the Respondents. This case affirms the previous decision.
Facts: Kyle John Kelbel was convicted of first-degree murder, past pattern of child abuse, in violation of Minnesota state statute section 609.185(5) and second-degree murder, in violation of Minnesota statute 609.19, subdivision 2(1). He was sentenced to life in prison for the death of Kailyn Marie Montgomery. Kelbel appealed, and argued that the district court failed to instruct the jury that it must find that the state proved beyond a reasonable doubt each of the acts that constituted the past pattern of child abuse and he also argued that the evidence against him was insufficient to prove past pattern of child abuse
Similarly, the Supreme Court case Romano v. Harrington contested the right to free speech in a public school setting. It involved high school English teacher Michael Romano, who was the faculty advisor of the school’s extracurricular student-published newspaper Crow’s Nest. A student, not part of the newspaper’s student staff, came to him to publish an article in protest of the proposed Martin Luther King Jr. The article was very provocative, so Romano helped him to soften it, but he did not attempt to censor it. Almost directly following this, due to his insensitivity to the racial tension present in their school, Romano was removed from his position as faculty advisor. He did retain his teaching job, though. Romano argued that the principal
Today I was able to have a quick interview with the honorable Mrs.Salvarez. I asked her a few questions about what she does in the government and if she could clarify some things.
The Plaintiff contests that orders to restrain the Plaintiff’s land use [8] by Pain J in the Land and Environment Court of NSW in 2005 constituted the ‘violation of correct legal procedures’ [14] and hence professional negligence, because the case was previously dismissed by Lloyd J [5].
dealings with members of the Seattle police to secure the release of any of the
Case Comment: John Michael Malins v Solicitors Regulation Authority [2017] EWHC 835 (Admin) 2017 WL 01339062
The Supreme Court was faced with a unique paradox during the case Salazar V. Buono; in which their ruling had to coincide with the establishment clause in the first amendment, while avoiding the dissenting opinions of thousands of veterans and their families they threatened to insult with their decision. In 1934, the VFW commissioned a white cross to be constructed on an outcropping known as Sunrise Rock in the Mojave National Preserve. In 1999, the plaintiff, Frank Buono, requested for the NPS to tear down the cross on the grounds that it was in severe violation of the Establishment Clause. The ensuing mess and final ruling seemingly defined the distinction between governmental and religious separation, while also confirming Congress’s
ANNECDOTE. The majority of the High Court in Clark v Marcourt, awarded damages of approximately A$1.2 million to the appellant, as the respondent was found guilty of breaching various warranties of the deed to purchase various property from a fertility centre, putting the appellant at a significantly better financial position than she would have been in had the breach not occurred. Prima facie, Clark seems to suggest undermining the compensatory principle in contract. ## This essay will analyse the decision in Clark through the doctrinal legal research method, using “normative” research. The aim of this research method is to answer the question of “what is the law” via logical reasoning and analysis of appropriate legal rules, and whether it applies to a particular factual situation.
Re: Whether the trial court acted appropriately in excusing Mr. Eldridge form paying $3,500 accrued in child support.
This appeal arises out of a judgment awarded to appellee, Amelie Kemogne (“Kemogne”), against appellant, Charles Ndeumeni, (“Ndeumeni”), following a bench trial in the Circuit Court for Prince George’s County. Ndeumeni challenges the denial of his motion for summary judgment, the admission of certain testimony offered against him, as well of the sufficiency of the evidence that sustained the judgment against him. On appeal, Ndeumeni presents four issues for our review. We rephrase and reorder the questions as follows:
Freedom of assembly defines the right to hold public meetings and form associations without interference by the government. In the case of “De Jonge v. Oregon,” the Court protected freedom of assembly from state actions and rather referred to the Due Process Clause of the Fourteenth Amendment (“Dejonge v. Oregon - 1937”). Dirk De Jonge was a member of the Communist Party. De Jonge protested against “police brutality.” Oregon charged De Jonge as wanting to cause civil unrest. However, in the end, the case made it to the Supreme Court who stated the following, “No State . . . shall deprive any person of life, liberty, or property, without due process of law” (“Dejonge v. Oregon - 1937”). “The Court said this means that peaceable assembly cannot be made a crime” (“Dejonge v. Oregon - 1937”). Another freedom of assembly case, Schenck v. Pro-Choice Network involved pro-life protestors who surrounded abortion clinics. The Pro-Choice Network complained that pro-life protestors were hassling their clients outside their clinics (“Schenck v. Pro-choice Network (1996) - Bill of Rights Institute”). This case was about the assembly rights of citizens who wanted to protest abortion, which was their First Amendment right (“Schenck v. Pro-choice Network (1996) - Bill of Rights Institute”). The Supreme Court struck down the “floating buffer zone” due to safety concerns, yet upheld that pro-life protesters can still pass out leaflets and make statements from the approved buffer zone (“Schenck
Ninth Circuit Court holds that an employee has a reasonable expectation of privacy in their private office, because it is locked and not shared with others. This reasonable expectation of privacy extends to the contents of their office, including the employee’s company computer, located therein. As a result, the court held that the fourth amendment protects both the office and computer from warrantless searches by the government unless it obtains valid consent from either the defendant or one with common authority over the items searched, or proceeds on the authorization of one with apparent authority to give such valid consent. In this case, the Ninth Circuit holds that the government obtained valid consent from one with common authority over the items searched, when it received such consent from the employee’s employer. The employer had common authority over the employee’s office computer because it had a policy of, and regularly did, monitor employees’ computer usage of company machines, a policy of which its employees were made aware. The court accordingly denied defendant’s motion to suppress evidence found by the government during its warrantless search of defendant’s office computer. As a result, pursuant to a plea agreement, defendant was convicted of the receipt of obscene material based, in part, on evidence obtained during this search. The evidence obtained during this search, and by the company earlier, showed that defendant had viewed and had possession of
Since the early 1990s, Australian judicial system has experienced a great flux revolving around the notion of good faith in the performance the enforcement of contracts. The leading case Renard Construction (ME) Pty Ltd v Minister for Public Works (Renard) along with Preistly JA’s judgment commenced the controversial introduction of universal obligation of good faith in all contracts. Such introduction was also confronted by the opposing force of the more conservative judgments, such as those of Meagher JA in Renard and Gummow J in Service Station Association v Berg Bennett & Associates Pty Ltd . In order to correctly assess the extent to which the High Court of Australia should recognize that in all contracts, parties
Lord Denning holds the opinion that “…it is a mistake to think that all contracts can be analyzed into the form of offer and acceptance…” He gives his support of the statement above and echoes these sentiments in the case of Butler v. Ex-Cell-O Corporation (England) Ltd (1979). He believes that the “…better way is to look at all the documents passing between the parties and glean from them or from the conduct of the