http://hdl.handle.net/10092/687 2013-06-12T07:43:24Z http://hdl.handle.net/10092/7633 Title: "Two judges - father and son" : an analysis of the careers of Henry Samuel Chapman and Frederick Revans Chapman Authors: Spiller, Peter Abstract: The main focus of this thesis is on the legal and judicial careers of Henry Samuel Chapman (1803-1881) and his son Frederick Revans Chapman (1849-1936). Henry Chapman served as judge in Wellington (1844-1852) and Dunedin (1864-1875) and was also a barrister, law lecturer and acting judge in Victoria (1854-1864). Frederick Chapman was a member of the Dunedin bar (1872-1903), President of the New Zealand Court of Arbitration (1903-1907), and judge of the New Zealand Supreme Court and Court of Appeal (1903-1924). Besides examining their legal careers, I outline their personal and educational backgrounds and their wide range of extra-legal activities. I study each man's career in chronological order, with convenient subdivisions relating mainly to their shifting geographical locations. In an appendix I sketch the career of Martin Chapman, whose life was intertwined with those of his father Henry and brother Frederick and therefore forms a useful reference-point for the thesis. The structure of my study is determined by my conviction that, as far as possible, one must allow historical material to suggest its own significance and not try to shape it according to conscious predetermined convictions. This thesis is of human interest in itself. The combination of a rare collection of family papers, official records and published accounts produces a detailed and intimate account of the lives of Henry and Frederick Chapman and of their periods. The thesis also sheds light on the characteristics and values of the educated, aspirant middle class to which the Chapmans belonged. These included a strong commitment to the work ethic, an emphasis on self-improvement in a wide range of areas, a benevolent tolerance, and a devotion to family life. Finally, the thesis illuminates important aspects of colonial legal development in the late nineteenth and early twentieth centuries, and in particular the continued strength of inherited English legal traditions counterbalanced by the steady growth of a unique New Zealand jurisprudence. 1991-01-01T00:00:00Z http://hdl.handle.net/10092/7221 Title: An analysis of some aspects of the defence of provocation in homicide Authors: Smith, A. T. H. Abstract: It may well be wondered why it should be thought necessary or desirable to undertake now the review of an area of the law which was the subject of consideration and statutory modification a mere ten years ago. Had any change been necessary, it could have been accomplished then. In fact, the circumstances in which the Crimes Act was passed in 1961 have altered subsequently in three ways which, in combination, call into question once more the purpose and bases of the whole doctrine. 1972-01-01T00:00:00Z http://hdl.handle.net/10092/7220 Title: Raising rivals' costs : Antitrust ramifications for section 36 of the Commerce Act 1986 Authors: Scott, Paul G. Abstract: The Raising Rivals' Costs theory is the newest and most important theory of non price predation. This dissertation assesses its ramifications for s. 36 of the Commerce Act 1986. Chapter I introduces the topic. Chapter II deals with non price predation and shows how it is an attractive strategy for dominant firms. Chapter III discusses the RRC model in depth. Chapter IV critiques it. Chapter V deals with the constituent elements of s. 36. Chapters VI to XIV deal with examples of prohibited conduct under s. 36. In each chapter I analyse whether the theory helps explain the cases, adds anything new and is relevant. I discuss U.S., Australian and New Zealand cases. Chapter XV concludes that the theory is relevant and useful under s. 36. 1994-01-01T00:00:00Z http://hdl.handle.net/10092/7219 Title: From acquiescence to expectation : The Ramsden v Dyson principle today Authors: Mulholland, R. D. Abstract: What is now referred to as the Ramsden v Dyson principle began life as nothing more than a bundle of instances in which equity would assert jurisdiction. It experienced a period of systematisation in the later years of last century when attempts were made to encumber it with a series of rules. In the middle years of the present century, with Lord Denning taking the lead, the Ramsden v Dyson principle quickly shed these rules and took on the wider function of providing the courts with a weapon whereby non contractual expectations may be fulfilled, or otherwise protected. The basis upon which the courts determine whether the expectation will be fulfilled is whether or not it would be unconscionable to the representee to allow the expectation to remain unfulfilled. This will normally involve some degree of detriment to the representee if the representor is permitted to resile from the expectation which he has raised in the mind of the representee. Thus in order to succeed in invoking the Ramsden v Dyson principle the representee has to show the existence of two basic requirements. Firstly, that the other party, the representor that is, has raised an expectation which would be such to influence a reasonable man. Secondly that it would be unconscionable for the expectation not to be fulfilled. The present state of the law allows virtually a complete discretion to the courts as to when they will assert jurisdiction and as to the remedy which will be decreed. The remedy is not limited to a simple specific performance of the expectation. The basis of the Ramsden v Dyson principle is barely distinguishable from that underlying other heads of estoppel such as the High Trees principle and the Dillwyn v Llewelyn principle. With the departure of Lord Denning M.R. from the judicial scene a degree of momentum has apparently been removed from the development of the principle and there have been signs in some recent cases of attempts to limit the further development of the principle. The method of investigation has been by orthodox case analysis with the division of the work following from the judicial decisions. 1984-01-01T00:00:00Z