Scarf v Jardine
| Jurisdiction | England & Wales |
| Judgment Date | 13 June 1882 |
| Judgment citation (vLex) | [1882] UKHL J0613-1 |
| Court | House of Lords |
| Date | 13 June 1882 |
[1882] UKHL J0613-1
House of Lords
After hearing Counsel, as well on Friday the 9th as Monday the 12th days of this instant June, upon the Petition and Appeal of Benjamin Scarf, of Cliffe Hill, Lightcliffe near Halifax, and of Bradford, in the county of York, stuff manufacturer, 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 29th of November 1880, might be reviewed before Her Majesty the Queen in Her Court of Parliament, and that the said Order might be reversed, varied, or altered, 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 Alfred George Jardine, lodged in answer to the said Appeal; and due consideration had this day of what was offered on either side in this Cause:
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 29th of November 1880, complained of in the said Appeal, be, and the same is hereby Reversed, and that the Judgment of the Honorable Mr. Justice Denman, of the 30th of May 1879, be, and the same is hereby restored: And it is Ordered, That the Respondent Alfred George Jardine do pay or cause to be paid to the Appellant his Costs in the Court of Appeal, and also the sum of 199 l. 18 s. 2 d., being the total amount of the payments which were made by the Appellant to the Respondent in obedience to the said Order of the Court of Appeal: And it is further Ordered, That the Respondent do pay or cause to be paid to the...
To continue reading
Request your trial
-
Bradford and Bingley Building Society v Seddon Hancock and Others, Third Parties
... ... Mr Halliwell cited Khan v. Golecha International Ltd. [1980] 2 All E.R. 259 , CA, and Scarfe v. Jardine (1882) 7 AC 345 ... However, those cases are clearly distinguishable. The former was one of issue estoppel where the plaintiff unsuccessfully sought ... But, in my view, to do so it should have been of such a nature that the two claims are mutually exclusive or impossible in law, as in Scarf v. Jardine , or of a formal or otherwise positive nature e.g. abandonment of or release of a party from an earlier claim, as in Morris, or the ... ...
-
Lemos v Coutts (Cayman) Ltd
...[1920] All E.R. Rep. 1. (22) Pitman v. Crum Ewing, [1911] A.C. 217, observations of Lord Atkinson applied. (23) Scarf v. JardineELR(1882), 7 App. Cas. 345; [1881–5] All E.R. Rep. 651, dicta of Lord Blackburn applied. (24) Spurling”s Will Trusts, In re, Philpot v. Philpot, [1966] 1 W.L.R. 92......
-
Kevin Simmonds v The Minister of Labour and Social Security
...were put to an election between inconsistent remedies, ie cashing the cheques or pursuing their statutory remedy (see Scarf v Jardine 7 App Cas 345 at 351, 51 LJQB 612) … [Emphasis added] 232 There was no evidence or argument that the Claimant was put to an election between inconsistent rem......
-
LOW KIAN HOEW vs LU ZHIJUN
...longer his to choose. The authorities cited by the Defendants make this clear. Also the statement of Lord Blackburn in Scarf v Jardine (1882) 7 App Cas 345 at page 360 “… where a man has an option to choose one or other of two inconsistent things, when once he has made his election it canno......
-
Case Note
...the representation.” 85 [2006] 1 WLR 2276; [2005] EWCA Civ 1237 at [28]-[33]. This case was apparently not cited in Orix Capital. 86 (1882) 7 App Cas 345 (HL). 87 The separate question whether the words “given credit to” should be construed narrowly or broadly has arisen in the past. The vi......
-
DEMYSTIFYING THE RIGHT OF ELECTION IN CONTRACT LAW
...supra n 21. 33 (1871) LR 7 Exch 26 (“Clough”) at 34; Lord Blackburn wrote the decision although it was delivered by Mellor J. 34 (1882) 7 App Cas 345 (“Scarf”). 35 [1971] AC 850 (“Kammins”). 36 Craine v The Colonial Mutual Fire Insurance Company Limited (1920) 28 CLR 305; Jordan CJ in O’Con......
-
Building and Construction Law
...a new contract is formed. And, as Lord Selborne LC observed in the House of Lords decision of Benjamin Scarf v Alfred George Jardine(1882) 7 App Cas 345 (at 351), the new contract can, of course, be either between the same parties to the original contract or between different parties [empha......
-
NOVATION
...be between the original parties or new parties. See Vol. 8 Halsbury Laws of England 4th Ed, paragraph 580 p. 401, Scarf v. Jardine (1882) 7 App. Cas. 345 at 351; G.B. Ollivant & Co. of Aba v. Effioms Transport & Anor. (1934) 2 W.A.C.A. 91. In Scarf v. Jardine (supra) Lord Selborne, ......