Brogden V. Metropolitan Railway Company
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Brogden V. Metropolitan Railway Company
''Brogden v Metropolitan Railway Company'' (1876–77) L.R. 2 App. Cas is an English contract law case which established that a contract can be formed by the conduct of the parties. Facts Mr Brogden, the chief of a partnership of three, had supplied the Metropolitan Railway Company with coals for a number of years. Brogden then suggested that a formal contract should be entered into between them for longer term coal supply. Each side's agents met together and negotiated. Metropolitan's agents drew up some terms of agreement and sent them to Brogden. Brogden wrote in some parts which had been left blank and inserted an arbitrator who would decide upon differences which might arise. He wrote "approved" at the end and sent back the agreement documents. Metropolitan's agent filed the documents and did nothing more. For a while, both acted according to the agreement document's terms. But then some more serious disagreements arose, and Brogden argued that there had been no formal con ...
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Judicial Committee Of The House Of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, it for many centuries had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England. Appeals were technically not to the House of Lords, but rather to the King-in-Parliament. In 1876, the Appellate Jurisdiction Act devolved the appellate functions of the House to an Appellate Committee, composed of Lords of Appeal in Ordinary (informally referred to as Law Lords). They were then appointed by the Lord Chancellor in the same manner as other judges. During the 20th and early 21st century, the judicial functions were gradually removed. Its final trial of a peer was in 1935, and in 1948, the use of special courts for such trials was abolished. The procedure of impeachment became seen as obsolete. In 2009, t ...
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Sir Thomas Bryan
Sir Thomas Bryan KS KB (died 14 August 1500) was a British justice of obscure origin. It is suggested by J.H. Baker (Oxford Dictionary of National Biography) that he descended from a John Bryan, fishmonger of London, whose son, also John (d. 1418), owned land in Buckinghamshire & London, as did Sir Thomas. Bryan assumed arms similar to those of Guy De Bryan when he became a person of some importance; but a direct descent is unlikely, as the male line of this family became extinct with the death of Sir William de Bryan of Seale in 1395, without issue. He began his legal studies in the 1440s, becoming a student at Gray's Inn, progressing rapidly; by 1456 he was already a Bencher, and was acting as a Feoffee for the Inn. He was at this point serving as legal counsel for various London companies, including as a steward for St Bartholomew's Hospital in 1459. He was appointed Common Serjeant of London in 1460, a position he held until he was created Serjeant-at-law in 1463, ...
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1877 In British Law
Events January–March * January 1 – Queen Victoria is proclaimed '' Empress of India'' by the '' Royal Titles Act 1876'', introduced by Benjamin Disraeli, the Prime Minister of the United Kingdom . * January 8 – Great Sioux War of 1876 – Battle of Wolf Mountain: Crazy Horse and his warriors fight their last battle with the United States Cavalry in Montana. * January 20 – The Conference of Constantinople ends, with Ottoman Turkey rejecting proposals of internal reform and Balkan provisions. * January 29 – The Satsuma Rebellion, a revolt of disaffected samurai in Japan, breaks out against the new imperial government; it lasts until September, when it is crushed by a professionally led army of draftees. * February 17 – Major General Charles George Gordon of the British Army is appointed Governor-General of the Sudan. * March – '' The Nineteenth Century'' magazine is founded in London. * March 2 – Compromise ...
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1877 In Case Law
Events January–March * January 1 – Queen Victoria is proclaimed ''Empress of India'' by the '' Royal Titles Act 1876'', introduced by Benjamin Disraeli, the Prime Minister of the United Kingdom . * January 8 – Great Sioux War of 1876 – Battle of Wolf Mountain: Crazy Horse and his warriors fight their last battle with the United States Cavalry in Montana. * January 20 – The Conference of Constantinople ends, with Ottoman Turkey rejecting proposals of internal reform and Balkan provisions. * January 29 – The Satsuma Rebellion, a revolt of disaffected samurai in Japan, breaks out against the new imperial government; it lasts until September, when it is crushed by a professionally led army of draftees. * February 17 – Major General Charles George Gordon of the British Army is appointed Governor-General of the Sudan. * March – '' The Nineteenth Century'' magazine is founded in London. * March 2 – Compromise of 1877: The ...
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English Agreement 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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Lord Blackburn Cases
Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or are entitled to courtesy titles. The collective "Lords" can refer to a group or body of peers. Etymology According to the Oxford Dictionary of English, the etymology of the word can be traced back to the Old English word ''hlāford'' which originated from ''hlāfweard'' meaning "loaf-ward" or "bread-keeper", reflecting the Germanic tribal custom of a chieftain providing food for his followers. The appellation "lord" is primarily applied to men, while for women the appellation "lady" is used. This is no longer universal: the Lord of Mann, a title previously held by the Queen of the United Kingdom, and female Lords Mayor are examples of women who are styled as "Lord". Historical usage Feudalism Under the feudal system, "lord" had a wide ...
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Gibson V Manchester City Council
is an English contract law case in which the House of Lords strongly reasserted that agreement only exists when there is a clear offer mirrored by a clear acceptance. Facts Manchester City Council was being run by the Conservative Party, which was operating a policy of selling council houses to the occupants. Mr Gibson applied, on a form of the council, for details of his house price and mortgage terms. In February 1971, the Treasurer replied: The corporation may be prepared to sell the house to you at the purchase price of £2,725 less 20% = £2,180 (freehold)… This letter should not be regarded as a firm offer of a mortgage. If you would like to make formal application to buy your Council house please complete the enclosed application form and return it to me as soon as possible. In March 1971, Mr Gibson completed the application form with the exception of the date on which his lease was to end, and returned it to the council. The Labour Party returned to power in Manch ...
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Agreement In English Law
In English contract law, an agreement establishes the first stage in the existence of a contract. The three main elements of contractual formation are whether there is (1) offer and acceptance (agreement) (2) consideration (3) an intention to be legally bound. One of the most famous cases on forming a contract is ''Carlill v Carbolic Smoke Ball Company'', decided in nineteenth-century England. A medical firm advertised that its new wonder drug, a smoke ball, would cure people's flu, and if it did not, buyers would receive £100. When sued, Carbolic argued the ad was not to be taken as a serious, legally binding offer. It was merely an invitation to treat, and a gimmick. But the court of appeal held that it would appear to a reasonable man that Carbolic had made a serious offer. People had given good "consideration" for it by going to the "distinct inconvenience" of using a faulty product. "Read the advertisement how you will, and twist it about as you will," said Lindley LJ, "here ...
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Carlill V Carbolic Smoke Ball Company
''Carlill v Carbolic Smoke Ball Company'' 892EWCA Civ 1is an English contract law decision by the English Court of Appeal">Court of Appeal, which held an advertisement containing certain terms to get a reward constituted a binding unilateral offer that could be accepted by anyone who performed its terms. It is notable for its treatment of contract and of puffery in advertising, for its curious subject matter associated with medical quackery, and how the influential judges (particularly Lindley and Bowen) developed the law in inventive ways. ''Carlill'' is frequently discussed as an introductory contract case, and may often be the first legal case a law student studies in the law of contract. The case concerned a influenza, flu remedy called the "carbolic smoke ball". The manufacturer advertised that buyers who found it did not work would be awarded £100, a considerable amount of money at the time. The company was found to have been bound by its advertisement, which was const ...
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Farrer Herschell, 1st Baron Herschell
Farrer Herschell, 1st Baron Herschell, (2 November 1837 – 1 March 1899), was Lord High Chancellor of Great Britain in 1886, and again from 1892 to 1895. Life Childhood and education Herschell was born on 2 November 1837 in Brampton, Hampshire. His parents were Helen Skirving Mowbray and the Rev. Ridley Haim Herschell, who was a native of Strzelno, in Prussian Poland. When Ridley was a young man, he converted from Judaism to Christianity and took a leading part in founding the British Society for the Propagation of the Gospel Among the Jews. He eventually settled down to the charge of a Nonconformist chapel near the Edgware Road, in London, where he ministered to a large congregation. Farrer was educated at a grammar school in South London and attended lectures at the University of Bonn as a teenager, where his family lived for six months in 1852. In 1857 he took his BA degree with honours in Greek and mathematics at University College London, University of London, receivin ...
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Sir Alexander Cockburn, 12th Baronet
Sir Alexander James Edmund Cockburn, 12th Baronet (24 September 1802 – 20 November 1880) was a British jurist and politician who served as the Lord Chief Justice for 21 years. He heard some of the leading '' causes célèbres'' of the nineteenth century. In 1847 he decided to stand for parliament, and was elected unopposed as Liberal Member of Parliament for Southampton. His speech in the House of Commons on behalf of the government in the Don Pacifico dispute with Greece commended him to Lord John Russell, who appointed him Solicitor-General in 1850 and Attorney General in 1851, a post which he held till the resignation of the ministry in February 1852. Early life and career Cockburn was born in Altona, in what is now Germany and was then part of Brandenburg,1851 Census for England – Barrister, aged 47, of Wakehurst Place, Ardingly, Sussex, with the mother (Louisa Hannah Godfrey née Dalley) and sister (Caroline Louisa Matilda Godfrey) of his partner Amelia (Emi ...
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Lord Justice Mellish
Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or are entitled to courtesy titles. The collective "Lords" can refer to a group or body of peers. Etymology According to the Oxford Dictionary of English, the etymology of the word can be traced back to the Old English word ''hlāford'' which originated from ''hlāfweard'' meaning "loaf-ward" or "bread-keeper", reflecting the Germanic tribal custom of a chieftain providing food for his followers. The appellation "lord" is primarily applied to men, while for women the appellation "lady" is used. This is no longer universal: the Lord of Mann, a title previously held by the Queen of the United Kingdom, and female Lords Mayor are examples of women who are styled as "Lord". Historical usage Feudalism Under the feudal system, "lord" had a wide ...
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