Ferguson v Davies
| Jurisdiction | England & Wales |
| Year | 1997 |
| Date | 1997 |
| Court | Court of Appeal (Civil Division) |
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4 cases
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Island Life Insurance Company Ltd v Huntley Manhertz and another [Consolidated Suits]
...English Court of Appeal has recently confirmed the rule in Foakes v Beer - see Re Selectmore (1995) 1 WLR 474, (1995) 2 All ER 534 and Ferguson v Davis (1997) 1 All ER. 315. 15 Having found that the respondent's agreement to accept the $3.6 million in full settlement was not enforceable o......
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Island Life Insurance Company Ltd v Huntley Manhertz and another [Consolidated Suits]
...of $3.6 million did not amount to accord and satisfaction as they received no additional benefit by way of consideration. (See Ferguson v Davis (1997) 1 All ER 315 ) 42 In any event Dr. Manhertz was unable to act on the agreement. He apologized to Island Life for not being able to pay the ......
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G. W. Martin Inc. v Little Dix Bay Hotel Corporation
...of a debt. Counsel cited the following: CASIMIR V SHILLINGFORD 10 W.I.R. 269; INDUSTRIAL CHEMICAL CO. V ELLIS (1986) 35 W.I.R. 203; FERGUSON V DAVIES 1997 1 All E.R. 314; FOAKES V BEER App. Cas 605; D & C BUILDERS V REES 1996 2 QB 617 60Counsel's final submission was based on promissory est......
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Swiss Singapore Overseas Enterprises Pte Ltd v China Citic Bank Corporation Ltd, Xiamen Branch
...an arguable defence in setting aside the summary judgment, was made out in the present situation. 107. The case of Ferguson v Davies [1997] 1 All ER 315 cited by Mr Sussex is distinguishable from the present case. There was an unqualified admission of liability by the defendant in that case......