Maddison v Alderson

JurisdictionUK Non-devolved
Judgment Date04 June 1883
Judgment citation (vLex)[1883] UKHL J0604-2
CourtHouse of Lords
Date04 June 1883
Maddison
and
Alderson.

[1883] UKHL J0604-2

House of Lords

1

After hearing Counsel, as well on Tuesday the 17th as Thursday the 19th, Friday the 20th, and Monday the 23d days of April last, upon the Petition and Appeal of Elizabeth Maddison, of Lands Cottage, near Cockfield, in the county of Durham, spinster, praying, That the matter of the Order set forth in the Schedule thereto, namely, an Order of Her Majesty's Court of Appeal, of the 13th of April 1881, might be reviewed before Her Majesty the Queen in Her Court of Parliament, and that the said Order might be reversed, varied, or altered, and that the Order thereby rescinded might be affirmed, or that the Petitioner might have such other relief in the premises as to Her Majesty the Queen in Her Court of Parliament might seem meet; as also upon the printed Case of John Alderson, lodged in answer to the said Appeal; and due consideration had this day of what was offered on either side in this Cause:

2

It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in the Court of Parliament of Her Majesty the Queen assembled, That the said Order of Her Majesty's Court of Appeal, of the 13th of April 1881, complained of in the said Appeal, be, and the same is hereby Affirmed, and that the said Petition and Appeal be,...

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49 cases
  • Actionstrength Ltd (trading as Vital Resources) v International Glass Engineering in.GL.EN SpA and another
    • United Kingdom
    • House of Lords
    • 3 April 2003
    ...to the reconciliation of the statute and the part performance doctrine which the Earl of Selborne LC gave in Maddison v Alderson (1883) 8 App Cas 467, 475-476: "In a suit founded on…part performance, the defendant is really 'charged' upon the equities resulting from the acts done in executi......
  • Jennings v Rice
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 22 February 2002
    ...There is a faint parallel with the old equitable doctrine of part performance, of which Lord Selborne said in Maddison v Alderson (1883) 8 App Cas 467, 475, "In a suit founded on such part performance, the defendant is really 'charged' upon the equities resulting from the acts done in execu......
  • Steadman v Steadman
    • United Kingdom
    • House of Lords
    • 19 June 1974
    ...2 Q.B. 169. 20 But it was strenuously argued that such a view is inconsistent with the decision of this House in Maddison v. Alderson 8 App. Cas. 467. That decision is now so embedded in the law that I would not depart from it even if I thought it wrong: it would be impracticable to foresee......
  • Yaxley v Gotts and another
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 24 June 1999
    ...The development of the doctrine during the 18th and 19th centuries was fully considered by the House of Lords in Maddison v Alderson (1883) 8 App Cas 467, especially in the speeches of the Earl of Selborne LC and Lord Blackburn. For present purposes it is sufficient to note that the doctrin......
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2 books & journal articles
  • Contract Law
    • Singapore
    • Singapore Academy of Law Annual Review No. 2013, December 2013
    • 1 December 2013
    ...is to be applied. In this regard, there are two opposing views. In the House of Lords case of Elizabeth Maddison v John Alderson(1883) 8 App Cas 467 (‘Maddison’), it was held that the acts relied upon as constituting part performance must unequivocally point towards the existence of a contr......
  • The Jamaica fair competition act 1993 and consumer protection from false and misleading advertising: a legal and economic analysis
    • Caribbean Community
    • Caribbean Law Review No. 11-2, December 2001
    • 1 December 2001
    ...v. Hansen (1829) 1 Russ & M. 128; Dimmock v. Hallet (1866) 2 Ch App 21; Beatik v. Lord Ebury (1872) 7 Ch App 777; Maddisonv.Alderson (1883) 8 App Cas 467; E d g i n t o nv. Fitzmaurics (1835) 29 Ch D 459; Tumtr v. Green (1895) 2 Ch 205; Bisset v. Wilkinson [19271 AC 177. 83 (1979) ATPR 40-1......

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