Wallis v Smith
| Jurisdiction | England & Wales |
| Date | 1881 |
| Year | 1881 |
| Court | Court of Appeal |
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Campbell Discount Company Ltd v Bridge
...the payment of a larger sum of money on breach of an obligation to pay a smaller sum (see the latter's judgment in Wallis v. Smith, 21 Ch.D. 243). But I do not speculate as to what principles they would have thought applicable to a hire-purchase contract, in which the hirer, I dare say will......
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2 books & journal articles
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The legal and commercial frameworks
...per McHugh J. 71 Salmond, “he heory of Judicial Precedents” (1900) 16 LQR 376 at 388–389; cf per Sir George Jessel MR in Wallis v Smith (1882) 21 Ch D 243 at 265, “I distrust dicta in all cases, and especially dicta during argument”. His 12 ThE LEGaL aND COMMErCIaL FraMEWOrKS modernisation ......
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DISTINCTION BETWEEN 'LIQUIDATED DAMAGES' AND 'PENALTY
...reformed unconscionable bargains merely because they were unconscionable, a subject which most exercised Jessel M.R. in Wallis v. Smith 21 Ch.D. 243, is probably more interesting than material. (c) There is a presumption (but no more) that it is a penalty where a single lump sum is made pa......