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July 31 2007

START DATE

END DATE

September 18 2013

Rosamund Hayward v. Yvonne Dawson

COURT:

LAW:

JUDGE(S):

CLAIMANT'S LAWYER:

DEFENDANT'S LAWYER:

The Supreme Court of Bermuda

APPELLATE JURISDICTION CONTRACT LAW

IAN R.C. KAWALEY C.J.

Ray De Silva Moniz and George Ltd

Richard Horseman Wakefield Quin Limited

FACTS OF THE CASE:

The case involved the contractual obligations for payment for care services provided to the plaintiff's mother. The main issue was whether a legally binding contract existed between Hayward (Defendant) and Dawson (Plaintiff) for weekend care services. The magistrate initially ruled in favor of Dawson establishing a contract based on a single payment made by Hayward. The appeal challenged this finding emphasizing the need for clear evidence of a mutual intention to create legal relations and payment obligations.

SUMMARY:

Existence of a legally binding contract for care services contractual obligations for payment

OUTCOMES:

Plaintiff (initially) upon appeal in favor of Defendant

RULED IN FAVOUR OF:

PLAINTIFF/CLAIMANT

DEFENDANT:

DURATION (DAYS):

ISSUES:

RELEVANCE:

RULING:

RULING TYPE:

CASES CITED:

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Rosamund Hayward v. Yvonne Dawson

The case involved the contractual obligations for payment for care services provided to the plaintiff's mother. The main issue was whether a legally binding contract existed between Hayward (Defendant) and Dawson (Plaintiff) for weekend care services. The magistrate initially ruled in favor of Dawson establishing a contract based on a single payment made by Hayward. The appeal challenged this finding emphasizing the need for clear evidence of a mutual intention to create legal relations and payment obligations.

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