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Halsbury's Laws of England
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Halsbury's Laws Of England
(8) He Who Comes into Equity Must Come with Clean Hands
A court of equity refuses relief to a claimant whose conduct in regard to the subject matter of the litigation has been improper. This was formerly expressed by the maxim 'He who has committed iniquity shall not have equity'; and relief was refused where a transaction was based on the plaintiff's fraud or misrepresentation
Halsbury's Laws Of England
(iii) Fettering of Discretion
Where a public body has discretion in exercising its public functions, it must not fetter that discretion by adopting an over-rigid policy
Halsbury's Laws Of England
An invitation to treat is a mere declaration of willingness to enter into negotiations; it is not an offer1, and cannot be accepted so as
Halsbury's Laws Of England
Where the offeree is silent following the offer of a bilateral contract1, a distinction must be drawn between the act of acceptance and communication of acceptance2. It is not always necessary that acceptance be communicated before it becomes effective3,
Halsbury's Laws Of England
Consideration is said to be 'executory' when it consists of a promise to do or forbear from doing some act in the future; and it is said to be 'executed' when it consists
Halsbury's Laws Of England
(iii) Liberty to Apply to the Court
The circumstances or the nature of a judgment or order often render necessary subsequent applications to the court for assistance in working out the rights declared.
Halsbury's Laws Of England
Bailment is a legal relationship, arising in certain circumstances from the one person's possession of a chattel owned by another
1
. Whilst a trustee
Halsbury's Laws Of England
There is a general presumption that a public decision-making body1
has no jurisdiction or power to commit an error of law; thus where a body errs in law in reaching a decision or making an order, the court may quash that decision or order
Gore-Browne on Companies
As a general rule a duly registered floating charge ranks after a duly registered fixed charge irrespective of the respective dates of creation of the two charges.1
A floating charge however has priority over a subsequent fixed charge (assuming due registration in both cases) where the subsequent fixed chargee has actual notice of a restrictive clause in the earlier floating charge.
Halsbury's Laws Of England
The distinction between what will be treated as a question of law and what will be treated as a question of fact is one of importance. In general, where a body makes an error of law in reaching a decision, it will act without jurisdiction or power, and the court may quash that decision on an application for judicial review1
Halsbury's Laws Of England
Claimants must show that they have a sufficient interest (also referred to as standing, or locus standi) in the matter to which the application relates, in order to bring proceedings for judicial review1. The issue goes to jurisdiction which cannot be conferred by consent2 . The question of sufficient interest may arise at two stages.
Halsbury's Laws Of England
Whilst the general rule is that an offer is not accepted by mere silence on the part of the offeree1, there may be additional circumstances which, taken together with the offeree's silence, constitute an acceptance2. For example:
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