...Merritt v Merritt [1970] 1 WLR 1211 Court of Appeal A husband left his wife and went to live with another woman. There was £180 left owing on the house which was jointly owned by the couple. The husband signed an agreement whereby he would pay the wife £40 per month to enable her to meet the mortgage payments and if she paid all the charges in connection with the mortgage until it was paid off he would transfer his share of the house to her. When the mortgage was fully paid she brought an action for a declaration that the house belonged to her. Held: The agreement was binding. The Court of Appeal distinguished the case of Balfour v Balfour on the grounds that the parties were separated. Where spouses have separated it is generally considered that they do intend to be bound by their agreements. The written agreement signed was further evidence of an intention to be bound. (This case (Merritt v Merritt [1970] 1WCR 1211) demonstrates that although domestic arrangements are assumed not to create legally-binding obligations (see: Balfour v balfour (1919), Jones vpadav atton (1969)), in some cases this assumption may be overruled by the facts. Mr Merritt and his wife jointly owned a house. Mr Merritt left to live with another woman. They made an agreement (signed) that Mr M would pay Mrs M a monthly sum, and eventually transfer the house to her, if Mrs M kept up the monthly mortgage payments. When the mortgage was payed Mr M refused to transfer the house. In this case, the...
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... |England and Wales Court of Appeal (Civil Division) Decisions | | |[pic] | |You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Merritt v Merritt [1970] EWCA Civ 6 (27| |April 1970) | |URL: http://www.bailii.org/ew/cases/EWCA/Civ/1970/6.html | |Cite as: [1970] 1 WLR 1211, [1970] EWCA Civ 6, [1970] WLR 1211, [1970] 2 All ER 760 | |[pic] | [New search] [Buy ICLR report: [1970] 1 WLR 1211] [Help] [pic] JISCBAILII_CASE_CONTRACT | | |Neutral Citation Number: [1970] EWCA Civ 6 | | | |Case No.: | IN THE SUPREME COURT OF JUDICATURE. COURT OF APPEAL. | | |Royal Courts of Justice ...
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...purposes only. The views expressed herein are those of the author and do not purport to represent the position of the State of Victoria. Neither the author nor the State of Victoria accept any liability to any persons for the information (or the use of such information) which is provided in this review or incorporated into it by reference. The information in this Review is provided on the basis that all persons having access to it undertake responsibility for assessing the relevance and accuracy of its content. OCCUPATIONAL HEALTH AND SAFETY ACT REVIEW March 2004 Chris Maxwell TABLE OF CONTENTS TABLE OF CONTENTS ABBREVIATIONS ACKNOWLEDGEMENTS EXECUTIVE SUMMARY INTRODUCTION CHAPTER 1: A CONSULTATIVE INQUIRY CHAPTER 2: THE SAFETY CONSENSUS PART 1: NEW CHALLENGES FOR OHS 1 3 5 6 15 15 20 24 24 29 46 46 54 60 71 96 96 100 110 120 135 141 159 163 169 177 177 186 192 192 215 222 227 233 233 258 272 284 284 293 328 347 350 354 354 357 360 363 383 387 392 392 397 401 403 412 414 CHAPTER 3: THE CHANGING LABOUR MARKET CHAPTER 4: NEW AND EMERGING RISKS PART 2: CHAPTER 5: CHAPTER 6: CHAPTER 7: CHAPTER 8: PART 3: THE REGULATORY STRUCTURE A BIFURCATED AUTHORITY RELATIONS WITH GOVERNMENT THE NEED FOR A TRIPARTITE MECHANISM DUPLICATION AND THE REGULATORY BURDEN GENERAL DUTIES: SCOPE AND LIMITS CHAPTER 9: THE ROBENS MODEL: HISTORICAL BACKGROUND...
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