Halpern v Halpern (No 2)

Subject Matter

CONFLICT OF LAWS — Contract — Proper law — Parties entering into compromise agreement — Defendants contending agreement governed by Jewish law — Whether non-national system of law capable of being governing law — Whether Jewish law applicable as aid to interpretation of agreement — Contracts (Applicable Law) Act, 1990, Sch 1, arts 1, 3, 4

[2008] QB 195; [2007] 3 WLR 849; [2006] 2 All ER (Comm) 251; [2006] 2 Lloyd's Rep 83

CONTRACT — Rescission — Counter-restitution — Inheritance dispute compromised by agreement — Claimants seeking damages for breach of agreement — Defendants pleading entitlement to avoid agreement for duress — Whether contract procured by duress could be avoided without providing counter-restitution

[2007] QB 88; [2008] QB 195; [2006] 3 WLR 946; [2007] 3 WLR 849

Commentary

Blackstones Civil Practice 2023
Restitution 4.21

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