Maskell v Horner
| Jurisdiction | England & Wales |
| Date | 1915 |
| Year | 1915 |
| Court | Court of Appeal |
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109 cases
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BP Oil International Ltd v Target Shipping Ltd [QBD (Comm)]
...he considers it in his commercial interest to do so or in order "to close the transaction" (as Lord Reading CJ put it in Maskell v Horner, [1915] 3 KB 106,118). And often there is no mistake if the payor does not know whether the payment is one for which he was liable or is voluntary, but d......
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Centro Internationale Handelsbank AG v Morgan Grenfell Trade Finance Ltd [QBD (Comm)]
...[1988] ECR 5565; [1990] 2 CEC 22. Leaf v International GalleriesELR [1950] 2 KB 86. Letang v CooperELR [1965] 1 QB 232. Maskell v HornerELR [1915] 3 KB 106. Owens Bank Ltd v BraccoELR [1994] QB 509. Sarrio SA v Kuwait Investment Authority [1997] CLC 280. Steamship Mutual Underwriting Associ......
- Huyton S.A. v Peter Cremer G.m.b.H. & Company
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The "Acrux"
...Chikuma, The [1981] 1 WLR 314; [1981] 1 Lloyd's Rep 371 (folld) Hamburg Star, The [1994] 1 Lloyd's Rep 399 (folld) Maskell v Horner [1915] 3 KB 106 (folld) People's Park Development Pte Ltd v Tru-Mix Concrete (Pte) Ltd [1981-1982] SLR (R) 242; [1980-1981] SLR 223 (refd) Rainbow Spring, The ......
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4 books & journal articles
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Duress, Undue Influence, and Unconscionability
...of Canada Ltd v Eakins Construction Ltd , [1906] SCR 361 at 380, Cartwright J [ Peter Kiewit ]. 23 See, for example, Maskell v Horner , [1915] 3 KB 106 at 120, Lord Reading CJ. 24 (1841), 11 Ad & El 983, 113 ER 688 (Ex) [ Skeate ]. THE L AW OF CONTR ACTS 410 that one’s goods may be lost “do......
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Duress, commercial pressure and the modern law
...March 1998, H.C. T&T (No.CV3335 of 1996). 23 Ibid, 9-10 of transcript, reflecting the judgment of Lord Reading CJ in Maskell v. Horner [1915] 3 K.B. 106 at 118. pressure must have been illegitimate; and thirdly, the pressure must have caused the plaintiff to give up his wealth or transfer t......
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Analyses: The Inducement of a Contract by ‘Duress of Goods’ – A Reappraisal
...cases which represented the polarities of this rule were: (a) Astley v Reynolds (1731) 2 Str 915, 99 ER 939, and Maskell v Horner [1915] 3 KB 106 (CA), and (b) Skeate v Beale supra and Atlee v Backhouse (1838) 3 M & W 633, 150 ER 1298 at 650, 1305.) Was De Villiers CJ correct in drawing thi......
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Labels and Meaning: Unjust Factors and Failure of Purpose as Reasons for Reversing Enrichment by Transfer
...by P Gane, The Selective Voet (1955)) 12.6.6. The “deemed gift” argument is not unknown in the Common Law (see Maskell v Horner [1915] 3 KB 106 at The point is also made in modern South African law. According to De Vos J in Amalgamated Society of Woodworkers of SA v Die 1963 Ambagsaalvereni......