What Are The Material Facts Of The Case - 1826 Words

1. What are the material facts of the case? The defendant Juan Antonia Godin-Mendoza, had from 1972 lived in a stable and permanent homosexual relationship with the protected tenant of a flat, until his death on 5th January 2001. The claimant, Ahmad Raja Ghaidan, on the protected tenant’s death (Mr Hugh Wallwyn-James), brought possession proceedings by means of paragraph 2 schedule 1 the Rent Act 1977 . Two impediments went against Mr Godin-Mendoza, firstly, paragraph 2(2) is gender specific. Secondly, the ruling of the Fitzpatrick v Sterling Housing Association in the House of Lords rejected the argument that a same-sex partner could bring himself or herself within the scope of paragraph 2(2) . The county court judge deemed that Godin-Mendoza did not succeed to the tenancy of the flat as the surviving spouse of the original tenant, but was granted a lesser assured tenancy by virtue of section 3(1) of the Rent Act as a member of the original tenant’s family . 2. Describe briefly the history of the litigation of this case (which courts heard the case, which way did they rule, what court is now deciding the case, which judges are hearing the case in this court)? In the West London County Court proceeding were brought by Ghaidan. Judge Cowell granted a declaration that Godin-Mendoza did not succeed to the tenancy of the flat as the surviving spouse, but became entitled to an assured tenancy of the flat by succession as a member of the original tenant’s family.Show MoreRelatedWhat Were The Material Facts Of The Case?1328 Words   |  6 PagesQ1. What were the material facts of the case? Material facts are facts which could be significant to a reasonable man in taking a decision whether to engage or not to engage in a specific transaction; a significant fact as differed from some insignificant or trivial detail . To be material, a claim has to refer to a fact or circumstance which would influence the liability of an insurer, or would influence the decision to issue the policy, or the sum of coverage or the premium. A material fact is oneRead MoreDefining The Duty Of Disclosure Essay1550 Words   |  7 Pagesfor present-day cases with particular vagueness surrounding the insured’s duty of disclosure and defining what a reasonable insured would define to be material. This report will define the duty of disclosure, identify current issues and criticism of the current duty of disclosure test, while making reference to the important judgment in the case of State Insurance v McHale (1992) and lastly assess the benefits and drawbacks of moving to a disclosure test w hich takes account of what a reasonable insuredRead MoreUsing Tort Principles Will Be Clements V. Clements1525 Words   |  7 PagesThe case that I will be analyzing using tort principles will be Clements v. 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