|
Boone V Eyre
''Boone v Eyre'' (1777) 1 H Bl 273 is an English contract law case concerned with substantial performance and conditions precedent.Swarbrick, D.Boone v Eyre: 1777 updated 14 May 2021, accessed 26 May 2021 Facts The plaintiff sued the defendant for not paying a £160 annuity (for life) for a plantation in the West Indies that came with a group of slaves, after an initial payment of £500. The defendant contended that when the plaintiff made the deed, the plaintiff did not lawfully possess the slaves, and therefore had no good title. Therefore, the defendant was arguing he had the right to terminate the agreement and cease performance. Judgment Lord Mansfield said the following: See also *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 ... References {{refli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Slavery
Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perform some form of work while also having their location or residence dictated by the enslaver. Many historical cases of enslavement occurred as a result of breaking the law, becoming indebted, or suffering a military defeat; other forms of slavery were instituted along demographic lines such as race. Slaves may be kept in bondage for life or for a fixed period of time, after which they would be granted freedom. Although slavery is usually involuntary and involves coercion, there are also cases where people voluntarily enter into slavery to pay a debt or earn money due to poverty. In the course of human history, slavery was a typical feature of civilization, and was legal in most societies, but it is now outlawed in most countries of the w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Substantial Performance
At common law, substantial performance is an alternative principle to the perfect tender rule. It allows a court to imply a term that allows a partial or substantially similar performance to stand in for the performance specified in the contract. This principle is relevant when a contractor's performance is in some way deficient, through no willful act by the contractor, yet is so nearly equivalent that it would be unreasonable for the owner to deny the agreed upon payment. If a contractor successfully demonstrates substantial performance, the owner remains obligated to fulfill payment, less any damages suffered as a result of the deficiencies in workmanship by the contractor. The principle is also found in the law of unilateral contracts. Unilateral contracts are contracts in which one party offers a promise in exchange for an actual performance. Traditionally, such contracts were deemed to be effective once the specified performance was tendered, and could be revoked at any tim ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Condition Precedent
A condition precedent is an event or state of affairs that is required before something else will occur. In contract law, a condition precedent is an event which must occur, unless its non-occurrence is excused, before performance under a contract becomes due, i.e., before any contractual duty exists.Restatement (Second) of Contracts § 224 In estate and trust law, it is a provision in a will or trust that prevents the vesting of a gift or bequest until something occurs or fails to occur, e.g. the attainment of a certain age or the predecease of another person. For comparison, a condition subsequent brings a duty to an end whereas a condition precedent initiates a duty. In computing, a while loop sets the truth of a statement as a condition precedent for the execution of a given subroutine or other code segment. By contrast, a do while loop provides for the action's ongoing execution unless a given condition is determined to be false, ''i.e.'', provides for that action's execution ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
West Indies
The West Indies is a subregion of North America, surrounded by the North Atlantic Ocean and the Caribbean Sea that includes 13 independent island countries and 18 dependencies and other territories in three major archipelagos: the Greater Antilles, the Lesser Antilles, and the Lucayan Archipelago. The subregion includes all the islands in the Antilles, plus The Bahamas and the Turks and Caicos Islands, which are in the North Atlantic Ocean. Nowadays, the term West Indies is often interchangeable with the term Caribbean, although the latter may also include some Central and South American mainland nations which have Caribbean coastlines, such as Belize, French Guiana, Guyana, and Suriname, as well as the Atlantic island nations of Barbados, Bermuda, and Trinidad and Tobago, all of which are geographically distinct from the three main island groups, but culturally related. Origin and use of the term In 1492, Christopher Columbus became the first European to record his arri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Slavery In The British And French Caribbean
Slavery in the British and French Caribbean refers to slavery in the parts of the Caribbean dominated by France or the British Empire. History In the Caribbean, England colonised the islands of St. Kitts and Barbados in 1623 and 1627 respectively, and later, Jamaica in 1655. In these islands and England's other Caribbean colonies, white colonists would gradually introduce a system of slave-based labor to underpin a new economy based on cash crop production. French institution of slavery In the mid-16th century, enslaved people were trafficked from Africa to the Caribbean by European mercantilists. Originally, white European indentured servants worked alongside enslaved African people in the "New World" (the Americas). At this time, there were not widespread theories of race or racism that would cause different treatment for white indentured servants and enslaved African people. Francois Bernier, who is considered to have presented the first modern concept of race, publish ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Mansfield
William Murray, 1st Earl of Mansfield, PC, SL (2 March 170520 March 1793) was a British barrister, politician and judge noted for his reform of English law. Born to Scottish nobility, he was educated in Perth, Scotland, before moving to London at the age of 13 to take up a place at Westminster School. He was accepted into Christ Church, Oxford, in May 1723, and graduated four years later. Returning to London from Oxford, he was called to the Bar by Lincoln's Inn on 23 November 1730, and quickly gained a reputation as an excellent barrister. He became involved in politics in 1742, beginning with his election as a Member of Parliament for Boroughbridge, now in North Yorkshire, and appointment as Solicitor General. In the absence of a strong Attorney General, he became the main spokesman for the government in the House of Commons, and was noted for his "great powers of eloquence" and described as "beyond comparison the best speaker" in the House of Commons. With the promotion o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Remedy (law)
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual. In common law jurisdictions and mixed civil-common law jurisdictions, the law of remedies distinguishes between a legal remedy (e.g. a specific amount of monetary damages) and an equitable remedy (e.g. injunctive relief or specific performance). Another type of remedy available in these systems is declaratory relief, where a court determines the rights of the parties to action without awarding damages or ordering equitable relief. The type of legal remedies to be applied in specific cases depend on the nature of the wrongful act and its liability. In the legal system of the United States, there exists a traditional form of judicial remedies that serve ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
