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Alderslade V Hendon Laundry Ltd
''Alderslade v Hendon Laundry Ltd'' 945KB 189 is an English contract law case, concerning the construction of exemption clauses, and the ''contra proferentem principle. Facts Ten large handkerchiefs were lost by the laundry. It argued that its liability was limited by a clause in the contract which read: ‘The maximum amount allowed for lost or damaged articles is twenty times the charge made for laundering.’ That was 11s 5d, about one tenth of the cost of the handkerchiefs at £5. The judge held that the claim succeeded, and Hendon Laundry Ltd appealed. Judgment The Court of Appeal of England and Wales The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Senior Courts of England and Wales, and second in the legal system of England and Wales only to ... held the limitation clause did apply, because although negligence was not mentioned, the defendants could only have been lia ...
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Court Of Appeal Of England And Wales
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Courts of England and Wales#Senior Courts of England and Wales, Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lord Chief Justice of England and Wales, Lord Chief Justice and the Master of the Rolls, Master of the Rolls and Records of the Chancery of England respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court (England and Wales), County Court, High Court of Justice and Family Court (England and Wales ...
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English Contract Law
English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth of Nations, Commonwealth (such as Australian contract law, Australia, Canadian contract law, Canada, Indian contract law, India), from membership in the European Union, continuing membership in Unidroit, and to a lesser extent the United States. Any agreement that is enforceable in court is a contract. A contract is a Voluntariness, voluntary Law of obligations, obligation, contrasting to the duty to not violate others rights in English tort law, tort or English unjust enrichment law, unjust enrichment. English law places a high value on ensuring people have truly consented to the deals that bind them in court, so long as they comply with statutory and UK human rights law, human rights. Generally a contract forms w ...
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Contra Proferentem
''Contra proferentem'' (Latin: "against heofferor"), also known as "interpretation against the draftsman", is a doctrine of contractual interpretation providing that, where a promise, agreement or term is ambiguous, the preferred meaning should be the one that works against the interests of the party who provided the wording. Overview The doctrine is often applied to situations involving standardized contracts or where the parties are of unequal bargaining power, but is applicable to other cases. The doctrine is not, however, directly applicable to situations where the language at issue is mandated by law, as is often the case with insurance contracts and bills of lading. The reasoning behind this rule is to encourage the drafter of a contract to be as clear and explicit as possible and to take into account as many foreseeable situations as it can. Eric Posner claimed: "The contra proferentem rule, for example, might encourage the drafter to be more explicit and to provide ...
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Lord Greene MR
Wilfrid Arthur Greene, 1st Baron Greene,First name spelt Wilfred in some sources (30 December 1883 – 16 April 1952) was a British lawyer and judge, noted for creating two crucial principles of administrative law, the Wednesbury doctrine and the Carltona doctrine. Early life, education and military service Greene was born in Beckenham, Kent, son of Arthur Werguelin Greene, a solicitor, and his wife Katherine Agnes Fooke. He was educated at Westminster School; he was one of the first Roman Catholic pupils to be admitted to the School. He graduated from Christ Church, Oxford in 1906 with a BA; he had the reputation of being "a formidable scholar". He was admitted to Inner Temple in 1908 entitled to practice as a Barrister-at-Law. He graduated from Christ Church, Oxford in 1912 with an Oxbridge MA. He gained the rank of captain in the service of the 2/1st Battalion, Oxfordshire and Buckinghamshire Light Infantry. He fought in the First World War between 1914 and 1918. He was d ...
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English Contract Case Law
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community * Englis ...
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Court Of Appeal (England And Wales) Cases
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordinar ...
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1945 In British Law
1945 marked the end of World War II and the fall of Nazi Germany and the Empire of Japan. It is also the only year in which nuclear weapons have been used in combat. Events Below, the events of World War II have the "WWII" prefix. January * January 1 – WWII: ** Germany begins Operation Bodenplatte, an attempt by the ''Luftwaffe'' to cripple Allied air forces in the Low Countries. ** Chenogne massacre: German prisoners are allegedly killed by American forces near the village of Chenogne, Belgium. * January 6 – WWII: A German offensive recaptures Esztergom, Hungary from the Russians. * January 12 – WWII: The Soviet Union begins the Vistula–Oder Offensive in Eastern Europe, against the German Army. * January 13 – WWII: The Soviet Union begins the East Prussian Offensive, to eliminate German forces in East Prussia. * January 16 – WWII: Adolf Hitler takes residence in the '' Führerbunker'' in Berlin. * January 17 ** WWII: The Soviet Union occupies Warsa ...
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