Hawkins v Clayton [1988] HCA 15; (1988) 164 CLR 539 (8 April 1988) High Court of Australia Case Title: HAWKINS v. CLAYTON [1988] HCA 15; (1988) 164 CLR 539 F.C. 88/012 Medium Neutral Citation: [1988] HCA 15 Hearing Date(s): 1987, May 13 1988, April 8 Decision Date: 20 June 2011 Jurisdiction: High Court of Australia Before: C.J Mason J. Wilson J. Brennan J. Deane J. Gaudron Catchwords: Negligence - Duty of care - Solicitor - Will held by solicitor - Failure to inform executor of death of testator and of contents - Whether duty to do so - Loss to estate caused by executor's ignorance of death - Measure of damages. Limitation of Actions - Tort - Accrual of cause of action - …show more content…
Smith (1808) 10 East 293, at p 295 (103 ER 786, at p 787) Meyappa Chetty v. Supramanian Chetty (1916) 1 AC 603, at pp 608-609 Ryan v. Davies Bros. Ltd. [1921] HCA 53; (1921) 29 CLR 527, at p 536) Pinchon's Case [1572] EngR 289; (1611) 9 CoRep 86b, at p 88b [1572] EngR 289; (77 ER 859, at p 863) Texts Cited: Sir James Stephen, A History of the Criminal Law of England (1883) Parties: Representation - Counsel: File number(s): DECISION The case of Hawkins V Clayton was the result of a breach of duty by the solicitors of the testator, Mrs Brasier, and to the executor of the estate, Mr Hawkins. The solicitors were in custody of Mrs Brasier’s will and seemingly were not aware of the testators death for some time as they had written letters to her regarding her will in September 1978 and August 1979 with no response. After the commencement of the action taken up by Mr Hawkins, he had passed and his widow and executor continued the action as she had become Mrs Brasier’s executor by devolution. Mr Hawkins and his family had lived with Mrs Brasier as a “tenant” in her home at Blakehurst, sometime during August 1973 Mr Hawkins and Mrs Brasier had had a disagreement and the Hawkins family had left the Blakehurst house. It was determined that Mrs Brasier had spoken with Mr Hawkins about his appointment as executor but had not confirmed it once the will was written.
* This is a will contest case involving a codicil to the Last Will and Testament of Wheelock A. Bisson, M.D., deceased.
In re Gault, 387 U.S. 1, 87 S. Ct. 1428, 18 L.Ed.2d 527 (1967) Case Summary
In the case Lawrence v. Texas (539 U.S. 558, 2003) which was the United States Supreme Court case the criminal prohibition of the homosexual pederasty was invalidated in Texas. The same issue has been already addressed in 1989 in the case Bowers v. Hardwick, however, the constitutional protection of sexual privacy was not found at that time. Lawrence overruled Bowers and held that sexual conduct was the right protected by the due process under the Fourteenth Amendment. The effects of the ruling were quite widespread and led to invalidation of the similar laws throughout the United States that tried to criminalize the homosexual activity of adults which were acting in privacy. The case attracted much of the public
It’s almost the end of 2016 and we still experience discriminative trouble. We are all different but should accept others differences. After reading “What, of This Goldfish, Would You Wish?”, by Etgar Keret, “Texas v. Johnson Majority Opinion”, by William J. Brennan, and “American Flag Stands for Tolerance”, by Ronald J. Alle, I have found fluent differences in the people explored and the way the people accepted others. In “Texas v. Johnson Majority Opinion” the people of Texas are having a hard time accepting the fact that Johnson had burned a flag. In “American Flag Stands for Tolerance” the writer states that burning the flag wasn’t illegal and should accept those who express what they believe, even if you don’t agree with them. In the story “What, of This
The Court of Appeals reversed and filed a petition for certiorari. The Supreme Court held that: "(1) apprehension by use of deadly force is a seizure subject to the Fourth Amendment's reasonableness requirement; (2) deadly force may not be used unless it is necessary to prevent the escape and the officer has probable cause to believe that the suspect poses a
Slavery was at the root of the case of Dred Scott v. Sandford. Dred Scott sued his master to obtain freedom for himself and his family. His argument was that he had lived in a territory where slavery was illegal; therefore he should be considered a free man. Dred Scott was born a slave in Virginia around 1800. Scott and his family were slaves owned by Peter Blow and his family. He moved to St. Louis with them in 1830 and was sold to John Emerson, a military doctor. They went to Illinois and the Wisconsin territory where the Missouri Compromise of 1820 prohibited slavery. Dred Scott married and had two
The Plaintiff’s estate was sequestrated in Federal Magistrates Court on May 12 2009, for failure to pay Council court costs [10]. An application by the Plaintiff for an extension in time to appeal this sequestration was
Jones v. North Carolina Prisoners’ Union Court cases over time have come forth and altered the course of this country and even the world. While this case didn’t really affect the world, Jones v. North Carolina brought forth an important question on prisoner’s rights. Jones v. North Carolina was a court case in 1977 that brought forth the debate if workers in prisons have the right to join a labor union. The details of the court case and thoughts on if the court was justified in their ruling will bring to light of what sort of value as a human being do prisoners have.
Citation: New Jersey v. T. L. O. 469 U.S. 325 105 S. Ct. 733; 83 L. Ed. 2d 720; 1985 U. S. LEXIS 41; 53 U.S.L.W. 4083.
The death act/incident of Mr. Michael Burch was due to floodway which lies at bisect point of black springs road is a foreseen activity, responsibility of Shire of YR & also the contractor Quality Roads PVT LTD. Since the first mean responsibility of shire is to take upon burden of building, rehabilitation, and maintenance works. The works of pavements,
Facts: On October 3, 1974, Memphis Police Officers Hymon and Wright were dispatched to answer a “prowler inside call.” When the police arrived at the scene, a neighbor gestured to the house where she had heard glass breaking and that someone was breaking into the house. While one of the officer radioed that they were on the scene, the other officer went to the rear of the house hearing a door slam and saw someone run across the backyard. The suspect, Edward Garner stopped at a 6-feet-high fence at the edge of the yard and proceeded to climb the fence as the police officer called out “police, halt.” The police officer figured that if Garner made it over
Duane Buck, a death row inmate, has served more than twenty one years for murdering his ex-girlfriend Debra Gardner and Kenneth Butler. He accused Kenneth for sleeping with Debra and also shot his stepsister in the chest, who survived. After shooting Kenneth, Gardner ran to the street and was chased until she was gunned down while her children watched. Even though the crime should be punished, bucks attorneys argue Mr. Buck was denied a fair trial. Walter Quijano, a psychologist, gave his testimony during the trial stating that Buck was more likely to be a future danger because of his racial color. What surprises everyone is that Buck’s defense lawyer was the one who called Quijano and evoke the testimony. Even though the racial testimony had no place in the trial it still didn’t justify whether they should throw out the death sentence. No racial testimony appeared to be in his early appeals due to his counsel’s impotence for introducing it. Still it was very believable because this was not the first case Quijano made a similar testimony that had violated an inmate’s constitutional rights. Bucks lawyers tried to use this information to fight for Buck but they were not successful because the courts ruled Buck had waited too long to raise the issue. The argument here is if Buck is
Facts: In Lexington, Kentucky, police officers followed a suspected drug dealer to an apartment building where he went. When they arrived outside of the door to the apartment where the suspect was they reportedly could smell marajuana. The police then knocked and shouted they they were there and in return they could hear what sounded like people destroying the evidence and running around. The police then knocked down the door and saw the respondent as well as drugs laying out without having to look anywhere. later the police found more drugs and paraphernalia doing a more in-depth search. “The Circuit Court denied respondent’s motion to suppress the evidence, holding that exigent
This paper examines the development and scope of accessory liability under the second limb of Barnes v Addy as it stands in both England and Australia. As to the law in England, the focus will be on the rearticulation of the principle of accessory liability under the second limb as stated in Royal Brunei Airlines Sdn Bhd v Tan. In particular, it will consider the extent to which the decision has reconciled inconsistencies in earlier authority and remedied those issues propounded to be inherent in the traditional formulation of the principle. At this stage, this traditional principle remains good law in Australia. However, as suggested in Farah Constructions Pty Ltd v Say-Dee Pty Ltd, there is potential for the
in criminal law and Beckett Ltd v. Lyons [1967] 1 All ER 833 the law