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Banque Financière De La Cité V Parc (Battersea) Ltd
''Banque Financiere de la Cite v Parc (Battersea) Ltd'' 998UKHL 7is an English unjust enrichment case, concerning the framework for a claim. Facts A company named Parc (Battersea) Ltd had got a loan from a bank called Royal Trust Bank (Switzerland), and given charge over its Battersea land as security. Parc Ltd got a second loan from Omnicorp Overseas Ltd (which was part of the same group, and whose parent was managed by Mr Herzig), which got another charge. Banque Financiere de la Cite, a Swiss bank, gave Parc Ltd a third loan of DM30million but got no charge. Instead it got a ‘postponement letter’ saying other companies in the group (including OOL) would not enforce their charges until BFC had been paid. Parc Ltd used the loan to pay off RTB. But OOL had given no authority to Parc Ltd to give that letter. Parc Ltd went insolvent. BFC claimed subrogation Subrogation is the assumption by a third party (such as a second creditor or an insurance company) of another party's ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unjust Enrichment
In laws of equity, unjust enrichment occurs when one person is enriched at the expense of another in circumstances that the law sees as unjust. Where an individual is unjustly enriched, the law imposes an obligation upon the recipient to make restitution, subject to defences such as change of position. Liability for an unjust (or unjustified) enrichment arises irrespective of wrongdoing on the part of the recipient. The concept of unjust enrichment can be traced to Roman law and the maxim that "no one should be benefited at another's expense": ''nemo locupletari potest aliena iactura'' or ''nemo locupletari debet cum aliena iactura''. The law of unjust enrichment is closely related to, but not co-extensive with, the law of restitution. The law of restitution is the law of gain-based recovery. It is wider than the law of unjust enrichment. Restitution for unjust enrichment is a subset of the law of restitution in the same way that compensation for breach of contract is a subset of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Unjust Enrichment
The English law of unjust enrichment is part of the English law of obligations, along with the law of contract, tort, and trusts. The law of unjust enrichment deals with circumstances in which one person is required to make restitution of a benefit acquired at the expense of another in circumstances which are unjust. The modern law of unjust enrichment encompasses what was once known as the law of quasi-contract. Its precise scope remains a matter of controversy. Beyond quasi-contract, it is sometimes said to encompass the law relating to subrogation, contribution, recoupment, and claims to the traceable substitutes of misapplied property. English courts have recognised that there are four steps required to establish a claim in unjust enrichment. If the following elements are satisfied, a claimant has a prima facie right to restitution: # the defendant has been ''enriched''; # this enrichment is ''at the claimant's expense''; # this enrichment at the claimant's expense is ''unju ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Battersea
Battersea is a large district in south London, part of the London Borough of Wandsworth, England. It is centred southwest of Charing Cross and extends along the south bank of the River Thames. It includes the Battersea Park. History Battersea is mentioned in the few surviving Anglo-Saxon geographical accounts as ''Badrices īeg'' meaning "Badric's Island" and later "Patrisey". As with many former parishes beside tidal flood plains the lowest land was reclaimed for agriculture by draining marshland and building culverts for streams. Alongside this was the Heathwall tide mill in the north-east with a very long mill pond regularly draining and filling to the south. The settlement appears in the Domesday Book of 1086 as ''Patricesy'', a vast manor held by St Peter's Abbey, Westminster. Its ''Domesday'' Assets were: 18 hides and 17 ploughlands of cultivated land; 7 mills worth £42 9s 8d per year, of meadow, woodland worth 50 hogs. It rendered (in total): £75 9s 8d. The p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Deutsche Mark
The Deutsche Mark (; English: ''German mark''), abbreviated "DM" or "D-Mark" (), was the official currency of West Germany from 1948 until 1990 and later the unified Germany from 1990 until the adoption of the euro in 2002. In English, it was typically called the "Deutschmark" (). One Deutsche Mark was divided into 100 pfennigs. It was first issued under Allied occupation in 1948 to replace the Reichsmark and served as the Federal Republic of Germany's official currency from its founding the following year. On 31 December 1998, the Council of the European Union fixed the irrevocable exchange rate, effective 1 January 1999, for German mark to euros as DM 1.95583 = €1. In 1999, the Deutsche Mark was replaced by the euro; its coins and banknotes remained in circulation, defined in terms of euros, until the introduction of euro notes and coins on 1 January 2002. The Deutsche Mark ceased to be legal tender immediately upon the introduction of the euro—in contrast to the o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Subrogation
Subrogation is the assumption by a third party (such as a second creditor or an insurance company) of another party's legal right to collect a debt or damages. It is a legal doctrine whereby one person is entitled to enforce the subsisting or revived rights of another for one's own benefit. A right of subrogation typically arises by operation of law, but can also arise by statute or by agreement. Subrogation is an equitable remedy, having first developed in the English Court of Chancery. It is a familiar feature of common law systems. Analogous doctrines exist in civil law jurisdictions. Subrogation is a relatively specialised field of law; entire legal textbooks are devoted to the subject. Doctrine Countries which have inherited the common law system will typically have a doctrine of subrogation, though its doctrinal basis in a particular jurisdiction may vary from that in other jurisdictions, depending upon the extent to which equity remains a distinct body of law in that jur ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Hoffmann
Leonard Hubert "Lennie" Hoffmann, Baron Hoffmann (born 8 May 1934) is a retired senior South African–British judge. He served as a Lord of Appeal in Ordinary from 1995 to 2009. Well known for his lively decisions and willingness to break with convention, he has had an especially large impact on the interpretation of contracts, shareholder actions in UK company law, in restricting tort liability for public authorities, human rights and intellectual property law, in particular patents. Currently, he serves as a Non-Permanent Judge of the Court of Final Appeal of Hong Kong. Early life Born 8 May 1934 in Cape Town, Leonard Hubert Hoffmann was the son of a well-known solicitor who co-founded what has become Africa's largest law firm, Edward Nathan Sonnenbergs. Education He was educated at the University of Cape Town and then attended The Queen's College, Oxford, as a Rhodes Scholar, where he studied for the BCL degree and won the Vinerian Scholarship. Between 1961 and 1973, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chetwynd V
Chetwynd or Chetwynde may refer to: *Chetwynd (surname) * Chetwynd, British Columbia **Chetwynd Airport ** Chetwynd Secondary School *Chetwynd, Indiana * Chetwynd, Shropshire * Chetwynde School, a private school in Barrow-in-Furness, Cumbria, England * Chetwynd Barracks *Chetwynd, Victoria, a town in the former Shire of Glenelg See also *Chetwynd baronets The Chetwynd Baronetcy, of Brocton Hall in the County of Stafford, is a title in the Baronetage of Great Britain. It was created on 1 May 1795 for Sir George Chetwynd, Kt., of Brocton Hall, Staffordshire, for many years Clerk to the Privy Counc ... * Viscount Chetwynd *Chetwynd-Talbot, a family name associated with the Earl of Shrewsbury and Earl Talbot {{disambiguation, geo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Butler V
A butler is a person who works in a house serving and is a domestic worker in a large household. In great houses, the household is sometimes divided into departments with the butler in charge of the dining room, wine cellar, and pantries, pantry. Some also have charge of the entire parlour floor, and Housekeeper (domestic worker), housekeepers caring for the entire house and its appearance. A butler is usually male, and in charge of male servants, while a housekeeper is usually a woman, and in charge of female servants. Traditionally, male servants (such as footmen) were better paid and of higher status than female servants. The butler, as the senior male servant, has the highest servant status. He can also sometimes function as a chauffeur. In older houses where the butler is the most senior worker, titles such as ''majordomo'', ''butler administrator'', ''house manager'', ''manservant'', ''staff manager'', ''chief of staff'', ''staff captain'', ''estate manager'', and ''head o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Steyn
Johan van Zyl Steyn, Baron Steyn, PC (15 August 1932 – 28 November 2017) was a South African-British judge, until September 2005 a Law Lord. He sat in the House of Lords as a crossbencher. Early life and education Steyn was born in Stellenbosch in the Union of South Africa, the son of Janet Lacey Blignaut and Izak van Zyl Steyn, a professor of law at the University of Stellenbosch. His father died before he turned three years old and he subsequently were sent to live with his paternal grandparents. He received his schooling at the Hoërskool Jan van Riebeeck in Cape Town where he matriculated in 1950. He studied law at the University of Stellenbosch before reading Law as a Rhodes Scholar at University College, Oxford. Career He was called to the Bar in South Africa in 1958 and appointed a Senior Counsel of the Supreme Court of South Africa in 1970. As a result of his opposition to apartheid in his native South Africa, he settled in the UK in 1973, joining the English Ba ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robert Walker J
Robert Walker, Baron Walker of Gestingthorpe , (born 17 March 1938) is an English barrister and former Justice of the Supreme Court of the United Kingdom. He also serves as a Non-Permanent Judge of the Hong Kong Court of Final Appeal. He sat in the House of Lords as a crossbencher until his retirement from the House on 17 March 2021. Early life and non-judicial career Born on 17 March 1938, the son of Ronald Robert Antony Walker by his wife Mary Helen, Walker was educated at Downside School and Trinity College, Cambridge from where he graduated in 1959 with a Bachelor of Arts degree in Classics and Law. He was called to the bar at Lincoln's Inn in 1960 and became a Queen's Counsel in 1982. In 2010 he was the Treasurer of Lincoln's Inn. He is an Honorary Fellow of Trinity College, Cambridge. Lord Walker of Gestingthorpe has served on the Honorary Editorial Board of the Warwick Student Law Review since its inception in 2010. Judicial career In 1994, Walker was appointe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unjust Enrichment
In laws of equity, unjust enrichment occurs when one person is enriched at the expense of another in circumstances that the law sees as unjust. Where an individual is unjustly enriched, the law imposes an obligation upon the recipient to make restitution, subject to defences such as change of position. Liability for an unjust (or unjustified) enrichment arises irrespective of wrongdoing on the part of the recipient. The concept of unjust enrichment can be traced to Roman law and the maxim that "no one should be benefited at another's expense": ''nemo locupletari potest aliena iactura'' or ''nemo locupletari debet cum aliena iactura''. The law of unjust enrichment is closely related to, but not co-extensive with, the law of restitution. The law of restitution is the law of gain-based recovery. It is wider than the law of unjust enrichment. Restitution for unjust enrichment is a subset of the law of restitution in the same way that compensation for breach of contract is a subset of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nemo Debet Locupletari Aliena Jactura
Nemo may refer to: Arts, entertainment and media Games * ''Nemo'' (arcade game), a 1990 arcade game by Capcom based on ''Little Nemo'' * NEMO (video game console), an unreleased console Music * Nemo (American band), an indie rock band * Nemo (Belgian band), a former rock band * Nemo (French band), a rock band * "Nemo" (song), by Nightwish from their album ''Once'' * "Nemo", a song by Umphrey's McGee from their album '' Safety in Numbers'' * NEMO Music Showcase and Conference, a former annual music event in Boston, Massachusetts Other uses in arts, entertainment and media * ''Nemo'' (magazine), devoted to classic comic strips * ''Nemo'' (1984 film), directed by Arnaud Sélignac * Network for the Establishment and Maintenance of Order, a fictional DC Comics organization created by the extraterrestrial Controllers Companies and organizations * Saint Lucia National Emergency Management Organisation * Nemo 33, a diving center in Uccle, Belgium * NEMO Equipment, Inc., a man ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
