The collateral fact doctrine is a doctrine in English law asserted by Diplock LJ in Anisminic Ltd v Foreign Compensation Commission. It asserts that in judicial review cases a distinction can be made between misconstruction of an enabling statute for the kind of case meant to be dealt which is a jurisdictional error and a misconstruction of the statutory description of the situation which would be an error within jurisdiction.[1] Craig has argued that this distinction is impossible to draw.
The collateralfactdoctrine is a doctrine in English law asserted by Diplock LJ in Anisminic Ltd v Foreign Compensation Commission. It asserts that in...
Collateral estoppel (CE), known in modern terminology as issue preclusion, is a common law estoppel doctrine that prevents a person from relitigating an...
House of Lords in English administrative law. It established the "collateralfactdoctrine", which states that any error of law made by a public body will...
Collateral damage is any incidental and undesired death, injury or other damage inflicted, especially on civilians, as the result of an activity. Originally...
being revised to be consistent with the Bush doctrine of preemptive attack. The label "Joint" refers to the fact that it was endorsed by the five service...
assistance claims are generally preferred on collateral habeas review rather than direct appeal, so that additional fact-finding can be performed. The failure...
courts have traditionally adhered to the related doctrines of res judicata (claim preclusion) and collateral estoppel (issue preclusion). Under res judicata...
Clean hands, sometimes called the clean hands doctrine, unclean hands doctrine, or dirty hands doctrine, is an equitable defense in which the defendant...
A collateral contract is usually a single term contract, made in consideration of the party for whose benefit the contract operates agreeing to enter into...
The doctrine of privity of contract is a common law principle which provides that a contract cannot confer rights or impose obligations upon anyone who...
tribunal when deciding subsequent cases with similar legal issues or facts. The legal doctrine stating that courts should follow precedent is called stare decisis...
offer consideration before a contract can be thought of as binding. The doctrine of consideration is irrelevant in many jurisdictions, although contemporary...
issue. Collateral Estoppel Collateral estoppel is a doctrine that precludes a party from bringing an issue if a determination of law or fact was already...
based entirely on anticipated disputes or hypothetical facts. These rules and similar doctrines, taken together, prevent the federal courts of the United...
House of Lords establishes in English administrative law the "collateralfactdoctrine", that any error of law made by a public body will make its decision...
trial, and that subsequently has been reversed on appeal or vacated in a collateral proceeding (such as habeas corpus) would not violate double jeopardy,...
Estoppel may prevent someone from bringing a particular claim. Legal doctrines of estoppel are based in both common law and equity. Estoppel is also...
first party or a benefit to the second party by a secondary stipulation collateral to the primary stipulation (i.e. it does not have to be a breach). In...
(sometimes known as unconscionable dealing/conduct in Australia) is a doctrine in contract law that describes terms that are so extremely unjust, or overwhelmingly...
added to avoid taxes. To prove that the term or promise is part of a collateral contract. To aid in the interpretation of existing terms. To resolve ambiguity...
that many contracts are not in fact formed by offer and acceptance, and they have critiqued and reanalyzed the doctrine. 1911 Encyclopædia Britannica definition...
utility of collateral. In Europe, two regimes of collateral carve-outs exist; the Financial Collateral Directive, and the Financial Collateral Arrangement...
there is no contractual capacity, the contract can be deemed as void. In fact, void means that a contract does not exist at all. The law can not enforce...