A person who is not a party to a contract cannot enforce it even if the contract was made for their benefit and purports to give…

A subsidiary company has its own separate legal personality; generally the act of a subsidiary company cannot be imputed to the parent company nor can the…

Calling companies conglomerate and multi-national is not enough to convince the court that they could be treated as one; it must be established through evidence, documentary…

An application for an interlocutory injunction must satisfy the court that there is a serious question to be tried in addition to satisfying the court that…

When a person is unlawfully assaulted, and has not provoked the assault, it is lawful for them to use such force to the assailant as is…

A gift inter vivos is an act whereby something is voluntarily transferred from the true possessor to another person, with full intention that the thing shall…

Nothing in the arbitration agreement between the plaintiff and the contractor can be interpreted as making the defendant a party to that agreement; the Court of…

Where the arbitration clause is of Scott v. Avery form which ties the contractor's liability to an award and makes it incumbent on the contractor to…

Had donor been able to establish fraud, mistake, misrepresentation, or perhaps total failure of the object of the gift, then upon such evidence, the gift may…

It is evident from the provisions that the applicant for a stay of proceedings must be a 'party to the arbitration agreement' and that the subject…

Clearly, as the Act recognizes pre-incorporation ownership of land, the deed does not conceivably violate same; a close examination clearly establishes that the gift vested in…

The deed of gift is quite plain as to the persons the gift was made and for what purpose; the intention is clear; that intention cannot…