Bret V JS
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Bret V JS
''Bret v JS & Wife'' (1600) Cro Eliz 756 is a formative English contract law, which held that a good consideration for courts to enforce contracts did not include promises for "natural affection". Facts Mr William Dracot was the husband of the wife in this case. His son went to "table" (train as a servant for meal preparation) with Mr Bret for three years. Dracot promised Bret £8 a year for the duration, but he died that same year. The widow, out of love for the son and the wish that the son would continue, promised Bret £6 13s 4d for the tabling of the son for the rest of the three years, and £8 a year for each year after. Then the widow married the defendant, J.S. Mr Bret brought an action for the £6 13s 4d for tabling in the two years following. The report shows the counsel for JS and the wife, Warburton, argued (1) this was an entire contract by the first husband for the entire year and it could not be apportioned (2) natural affection is not a sufficient ground for an ' ...
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Court Of Common Pleas (England)
The Court of Common Pleas, or Common Bench, was a common law court in the English legal system that covered "common pleas"; actions between subject and subject, which did not concern the king. Created in the late 12th to early 13th century after splitting from the Exchequer of Pleas, the Common Pleas served as one of the central English courts for around 600 years. Authorised by Magna Carta to sit in a fixed location, the Common Pleas sat in Westminster Hall for its entire existence, joined by the Exchequer of Pleas and Court of King's Bench. The court's jurisdiction was gradually undercut by the King's Bench and Exchequer of Pleas with legal fictions, the Bill of Middlesex and Writ of Quominus respectively. The Common Pleas maintained its exclusive jurisdiction over matters of real property until its dissolution, and due to its wide remit was considered by Sir Edward Coke to be the "lock and key of the common law". It was staffed by one Chief Justice and a varying number of ...
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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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Assumpsit
Assumpsit ("he has undertaken", from Latin, ''assumere''), or more fully, action in assumpsit, was a form of action at common law used to enforce what are now called obligations arising in tort and contract; and in some common law jurisdictions, unjust enrichment. The origins of the action can be traced to the 14th century, when litigants seeking justice in the royal courts turned from the writs of covenant and debt to the trespass on the case. History Fragmentation of actions for breach of agreement In the early days of the English common law, agreements were enforced in local courts. Where one wished to enforce an agreement in the royal courts, it was necessary to fit one's claim within a form of action. In the 13th and 14th centuries the forms of action for the enforcement of agreements were covenant, debt, detinue, and account. These were all writs in the ''praecipe'' form, meaning that they commanded the defendant to perform an act: for example, to keep a promise; to yiel ...
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Quid Pro Quo
Quid pro quo ('what for what' in Latin) is a Latin phrase used in English to mean an exchange of goods or services, in which one transfer is contingent upon the other; "a favor for a favor". Phrases with similar meanings include: "give and take", "tit for tat", "you scratch my back, and I'll scratch yours", and "one hand washes the other". Other languages use other phrases for the same purpose. Origins The Latin phrase ''quid pro quo'' originally implied that something had been substituted, as in ''this instead of that''. Early usage by English speakers followed the original Latin meaning, with occurrences in the 1530s where the term referred to substituting one medicine for another, whether unintentionally or fraudulently. By the end of the same century, ''quid pro quo'' evolved into a more current use to describe equivalent exchanges. In 1654, the expression ''quid pro quo'' was used to generally refer to something done for personal gain or with the expectation of reciprocity ...
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Action Upon The Case
Action may refer to: * Action (narrative), a literary mode * Action fiction, a type of genre fiction * Action game, a genre of video game Film * Action film, a genre of film * ''Action'' (1921 film), a film by John Ford * ''Action'' (1980 film), a film by Tinto Brass * ''Action 3D'', a 2013 Telugu language film * ''Action'' (2019 film), a Kollywood film. Music * Action (music), a characteristic of a stringed instrument * Action (piano), the mechanism which drops the hammer on the string when a key is pressed * The Action, a 1960s band Albums * ''Action'' (B'z album) (2007) * ''Action!'' (Desmond Dekker album) (1968) * ''Action Action Action'' or ''Action'', a 1965 album by Jackie McLean * ''Action!'' (Oh My God album) (2002) * ''Action'' (Oscar Peterson album) (1968) * ''Action'' (Punchline album) (2004) * ''Action'' (Question Mark & the Mysterians album) (1967) * ''Action'' (Uppermost album) (2011) * ''Action'' (EP), a 2012 EP by NU'EST * ''Action'', a 1984 albu ...
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Pillans V Van Mierop
''Pillans & Rose v Van Mierop & Hopkins'' (1765) 3 Burr 1663 is a case concerning letters of credit, and the doctrine of consideration. It has been recommended as a landmark case in English contract law. Lord Mansfield tentatively expressed a view that the doctrine of consideration was redundant. However, in ''Rann v Hughes'' the House of Lords doubted the presumption.17 TR 350 Facts Pillans & Rose were in business together as merchant bankers in Rotterdam. They agreed to accept bills from White, an Irish merchant, on one condition. White had to make sure Van Mierop & Hopkins, a big London firm, would guarantee the bills. Van Mierop confirmed that they would do so and would guarantee a pre-existing duty of White to pay Pillans. However, before the bills were drawn on Van Mierop, White went insolvent. Van Mierop refused to honour the bills and argued that Pillans had not provided consideration for their guarantee since there was the rule that past consideration is not a good consid ...
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White V Bluett
''White v Bluett'' (1853) 23 LJ Ex 36 is an English contract law case, concerning the scope of consideration in English law. Facts Mr Bluett had lent his son some money. Mr Bluett died. The executor of Mr Bluett's estate was Mr White. He sued the son to pay back the money. In his defense, the son argued that his father had said the son need not repay if the son would stop complaining about how Mr Bluett would distribute his property in his will among the children. Judgment Pollock CB held there was no consideration for any discharge of the obligation to repay. The son had ‘no right to complain’ anyway. Not complaining was therefore an entirely intangible benefit. Baron Alderson added this. See also *''Bret v JS ''Bret v JS & Wife'' (1600) Cro Eliz 756 is a formative English contract law, which held that a good consideration for courts to enforce contracts did not include promises for "natural affection". Facts Mr William Dracot was the husband of the ...'' (1600 ...
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Combe V Combe
''Combe v Combe'' 9512 KB 215 is a famous English contract law case on promissory estoppel. An ex-wife tried to take advantage of the principle that had been reintroduced in the High Trees case to enforce her husband's promise to give her maintenance. The Court held that promissory estoppel could not be applied. It was available only as a defence and not as a cause of action. Facts Mr and Mrs Combe were a married couple. Mr Yasser M Combe promised Mrs Radhika M Combe that he would pay her an annual maintenance. Their marriage eventually fell apart and they were divorced. Mr Combe refused to pay any of the maintenance he had promised. Seven years later Ms Combe brought an action against Mr Combe to have the promise enforced. There was no consideration in exchange for the promise and so no contract was formed. Instead, she argued promissory estoppel as she had acted on the promise to her own detriment. At first instance the Court agreed with Mrs Combe and enforced the promise unde ...
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English Enforceability 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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English Consideration 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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1600 In Law
Sixteen or 16 may refer to: *16 (number), the natural number following 15 and preceding 17 *one of the years 16 BC, AD 16, 1916, 2016 Films * '' Pathinaaru'' or ''Sixteen'', a 2010 Tamil film * ''Sixteen'' (1943 film), a 1943 Argentine film directed by Carlos Hugo Christensen * ''Sixteen'' (2013 Indian film), a 2013 Hindi film * ''Sixteen'' (2013 British film), a 2013 British film by director Rob Brown Music *The Sixteen, an English choir *16 (band), a sludge metal band *Sixteen (Polish band), a Polish band Albums * ''16'' (Robin album), a 2014 album by Robin * 16 (Madhouse album), a 1987 album by Madhouse * ''Sixteen'' (album), a 1983 album by Stacy Lattisaw *''Sixteen'' , a 2005 album by Shook Ones * ''16'', a 2020 album by Wejdene Songs * "16" (Sneaky Sound System song), 2009 * "Sixteen" (Thomas Rhett song), 2017 * "Sixteen" (Ellie Goulding song), 2019 *"16", by Craig David from ''Following My Intuition'', 2016 *"16", by Green Day from ''39/Smooth'', 1990 *"16", by Hi ...
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