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In the wrong

07 July 2011 / Mark Sefton , Oliver Radley-Gardner
Issue: 7473 / Categories: Features , Property
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One cannot rely upon one’s own wrong in the courtroom, observe Oliver Radley-Gardner & Mark Sefton

In the well known case of Interfoto Picture Library v. Stiletto [1989] QB 433, [1988] 1 All ER 348, Bingham LJ explained that, rather than developing an overriding general concept of good faith, the English law has adopted “piecemeal solutions to demonstrated problems of unfairness” without recourse to any more general concept. This article considers one of those solutions, namely the principle that a contracting party should not be permitted to rely upon his own wrong to take a benefit under his contract. This principle has been considered in a series of recent cases, frequently involving development agreements, contracts for the disposition of interests in land, and leases.

The New Zealand Shipping case

In New Zealand Shipping Co Ltd v Société des Ateliers et Chantiers de France [1919] AC 1, [1918-19] All ER Rep 552 the House of Lords was concerned with a contract by a French company, the vendors, to build a steamboat

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MOVERS & SHAKERS

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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