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Byrne V Van Tienhoven
''Byrne & Co v Leon Van Tien Hoven & Co'' 8805 CPD 344 is a leading English contract law case on the issue of revocation in relation to the postal rule. In it Lindley J of the High Court's Common Pleas Division ruled that an offer is only revoked by direct communication with the offeree, and that the postal rule does not apply in revocation; while simply posting a letter counts as a valid acceptance, it does not count as valid revocation. Facts Van Tienhoven & Co posted a letter from their office in Cardiff to Byrne & Co in New York City, offering 1000 boxes of tinplates for sale on 1 October. Byrne and Co got the letter on 11 October. They telegraphed acceptance on the same day. But on 8 October Van Tienhoven had sent another letter withdrawing their offer, because tinplate prices had just risen 25%. They refused to go through with the sale. Consequences Lindley J held that the withdrawal of the offer was not effective until it was communicated. His judgment stated the fol ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Justice
The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal of England and Wales, Court of Appeal and the Crown Court, are the Courts of England and Wales, Senior Courts of England and Wales. Its name is abbreviated as EWHC (England and Wales High Court) for legal citation purposes. The High Court deals at Court of first instance, first instance with all high value and high importance Civil law (common law), civil law (non-criminal law, criminal) cases; it also has a supervisory jurisdiction over all subordinate courts and tribunals, with a few statutory exceptions, though there are debates as to whether these exceptions are effective. The High Court consists of three divisions: the King's Bench Division, the #Chancery Division, Chancery Division and the #Family Division, Family Division. Their jurisdictions overlap in some cases, and cases started in one division may be transferred by court order to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dunlop V Higgins
''Dunlop v Higgins'' 1848) 1 H.L.C. 381was an early decision confirming the postal rule in the Scots law of contract formation. The decision was based on the earlier case of '' Adams v. Lindsell''. Facts Dunlop & Company offered by post to sell 2,000 tons of pig-Iron at some price. The offer was sent on 28 January 1845. It reached Higgins on 30 January 1845. Higgins posted the letter of acceptance the same day but the defendant received it on 1 February 1845 with some delay. The defendant refused to supply the goods, because the prices had increased. Judgment It was held that the acceptor was not responsible for any delay in the course of the transit. Hence there was a binding contract. The posting of a letter accepting an offer constitutes a binding contract even if the letter never arrives due to the fault of the post office. See also *Offer and acceptance *Mailbox rule *''Adams v Lindsell'' *'' Household Fire Insurance Co v Grant'' *''Henthorn v Fraser ''Henthorn v Fra ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1880 In Case Law
Year 188 (CLXXXVIII) was a leap year starting on Monday of the Julian calendar. At the time, it was known in the Roman Empire as the Year of the Consulship of Fuscianus and Silanus (or, less frequently, year 941 ''Ab urbe condita''). The denomination 188 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place Roman Empire * Pertinax, Publius Helvius Pertinax becomes pro-consul of Africa (Roman province), Africa from 188 to 189. Japan * Queen Himiko (queen), Himiko (or Shingi Waō) begins her reign in Japan (until 248). Births * April 4 – Caracalla (or Antoninus), Roman emperor (d. 217) * Lu Ji (Gongji), Lu Ji (or Gongji), Chinese official and politician (d. 219) * Sun Shao (general), Sun Shao, Chinese general of the Eastern Wu state (d. 241) Deaths * March 17 – Pope Julian of Alexandria, Julian, pope and patriarch of Alexandria * Fa Zhen (or ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Lindley 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Henthorn V Fraser
''Henthorn v Fraser'' 8922 Ch 27 is a decision of the Court of Appeal of England and Wales dealing with the postal rule in English law of contract formation. Facts The defendant and the claimant were situated at Liverpool and Birkenhead respectively. The defendant called at the office of the claimant in order to negotiate the purchase of some houses. The defendant handed the claimant a note giving him the option to purchase some houses within 14 days. On the next day, the defendant withdrew the offer by post, but his withdrawal did not reach the claimant until 5 P.M. Meanwhile, the claimant responded by post with an unconditional acceptance of the offer, which was delivered to the defendant after its office had closed. The letter was opened by the defendant the next morning. Judgement The Court of Appeal ordered that the claimant was entitled to specific performance. Lord Herschell argued: "Where the circumstances are such that it must have been within the contemplation of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dickinson V Dodds
''Dickinson v Dodds'' (1876) 2 Ch D 463 is an English contract law case heard by the Court of Appeal, Chancery Division, which held that notification by a third party of an offer's withdrawal is effective just like a withdrawal by the person who made an offer. The significance of this case to many students of contract law is that a promise to keep an offer open (an option) is itself a contract which must have some consideration. Facts On Wednesday 10 June 1874, Mr Dodds delivered Mr Dickinson an offer to sell some houses for £800, an offer open until 9am on Friday 12 June. On Thursday afternoon, another man called Mr Berry told Mr Dickinson that the houses had already been sold to someone called Mr Allan (who was the second defendant). Mr Dickinson found Mr Dodds in the railway carriage at 7am on Friday, leaving Darlington railway station, and gave his acceptance there. But Mr Dodds said it was too late. Mr Dickinson sued for breach of contract. Judgment James LJ held that Mr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Adams V Lindsell
''Adams v Lindsell' is an English contract case regarded as the first case towards the establishment of the "postal rule" for acceptance of an offer. Ordinarily, any form of acceptance must be communicated expressly to an offeror; however, it was found that where a letter of acceptance is posted, an offer is accepted "in course of post". Facts The case involved two parties in the sale of wool. On 2 September, the defendants wrote to the plaintiffs offering to sell them certain fleeces of wool and requiring an answer in the course of post. The defendants misdirected the letter so that the plaintiffs did not receive it until 5 September.Beale (2002) p.221 The plaintiffs posted their acceptance on the same day but it was not received until 9 September. Meanwhile, on 8 September, the defendants, not having received an answer by 7 September as they had expected, sold the wool to someone else. The defendants argued that there could not be a binding contract until the answer was act ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Offeree
Offer and acceptance are generally recognised as essential requirements for the formation of a contract, and analysis of their operation is a traditional approach in contract law. The offer and acceptance formula, developed in the 19th century, identifies a moment of formation when the parties are of one mind. This classical approach to contract formation has been modified by developments in the law of estoppel, misleading conduct, misrepresentation, unjust enrichment, and power of acceptance. Offer Treitel defines an offer as "an expression of willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed", the "offeree". An offer is a statement of the terms on which the offeror is willing to be bound. It is the present contractual intent to be bound by a contract with definite and certain terms communicated to the offeree. The expression of an offer may take different forms and wh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Implied Contract
A quasi-contract (or implied-in-law contract or constructive contract) is a fictional contract recognised by a court. The notion of a quasi-contract can be traced to Roman law and is still a concept used in some modern legal systems. Quasi Contract laws have been deduced from the Latin statement "Nemo debet locupletari ex aliena jactura", which proclaims that no man should grow rich out of another person's loss. It was one of the central doctrines of Roman law. History In common law jurisdictions, the law of quasi-contract can be traced to the medieval form of action known as ''indebitatus assumpsit''. In essence, the plaintiff would recover a money sum from the defendant ''as if'' the defendant had promised to pay it: that is, ''as if'' there were a contract subsisting between the parties. The defendant's promise—their agreement to be bound by the "contract"—was implied by law. The law of quasi-contract was generally used to enforce restitutionary obligations. The form of ac ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Harris's Case
''In re Imperial Land Company of Marseilles, ex parte Harris'' (1872) Law Rep. 7 Ch. App. 587, also known as Harris's case, is an English contract law case. It reconfirmed the postal rule of ''Adams v Lindsell'' (1818). Facts Mr Lewis Harris, of 19 Suffolk Street, Dublin, posted a letter applying for shares in the company. It was received by the directors in their Lombard Street office in London. They appointed a committee which allotted 100 shares to him. The company secretary wrote back telling Mr Harris, and that 10% interest would be payable for the price of the shares not yet paid up. Before the letter arrived with Mr Harris, he had sent another letter saying actually, he did not want to accept any shares. Judgment The court held that a contract was complete when the secretary posted the letter accepting the application for shares. Mellish LJ ascribed the postal rule to the extraordinary and mischievous consequences which would follow if it were held that an offer might be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
