Cargill v Bower
| Jurisdiction | England & Wales |
| Year | 1876 |
| Date | 1876 |
| Court | Chancery Division |
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50 cases
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Mineworkers Investment Co (Pty) Ltd v Modibane
...or A alternative relief as the nature of the case might require'' in the English practice seems to be the same. See Cargill v Bower (10 ChD 502 at 508), in which Fry LJ pointed out that the prayer for alternative relief is limited by the statement of fact in the declaration and by the terms......
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Northern Bank v Charlton
... ... 23 And in Spencer Bower's "Law of Actionable Misrepresentation" 3rd Edition at p.310 it is stated in relation to such a possible defence to a claim for rescission: ... ...
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Douglas v Hello! Ltd (No.3)
...because, as submitted, one agent is not liable for the acts of another unless he does something to make himself liable as a principal. Cargill v Bower (1879) 10 Ch.D 502, 513. 72 This argument was predicated on the supposition that the alleged tort in respect of which the claimants had sued......
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Stocznia Gdanska S.a. v Latvian Shipping Company and Others
...abandoned by the Yard when it did not plead the matter in the consolidated statement of claim served on 6 August 1998; they relied on Cargill v Bower (1878) 10 Ch D 502 at 508 and Lewis & Lewis v Durnford (1907) 24 TLR 64. In response I was referred by the Yard to Burton v MBC (Builders As......
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3 books & journal articles
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Preliminary Sections
...408 Calder v. Halket (1835-42) All E.R. 307. ........................................................ 645 Cargill v. Bower (1878) 10 Ch.D. 502. ........................................................... 323 Caritona Ltd v. Commissioners of Works (1943) 2 A.E.R. 560. .................... 58......
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Courts 2
...or defendant in his Counter-Claim cannot claim a relief which is inconsistent with the relief specifically claimed. Cargill v. Bower (1878) 10 Ch. D. 502. If a party seeks to raise a new claim which has not been adumbrated in his pleadings in the Court of trial, in my opinion, the Court sho......
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Election Petition
...defendant in his counter claim cannot claim a relief which is inconsistent with the relief specifically claimed. See: Cargill v. Bower (1887) 10 Ch.D. 502. I am of the opinion that the Court must have jurisdiction to grant the relief that it thinks appropriate to the facts as proved. If a p......