Bunge Corporation V Tradax SA
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Bunge Corporation V Tradax SA
''Bunge Corporation v Tradax Export SA'' is an English contract law case, concerning the right to terminate performance of a contract. Facts Bunge Limited, Bunge Corp sued Tradax SA for wrongful termination of its agreement to supply Bunge with 5,000 tons of soya bean meal on the basis that giving notice four days late for loading the ship was not so bad. The soya bean meal was going on three shipments from a port in the Gulf of Mexico nominated by Tradax and on a ship nominated by Bunge. One of the shipments was to be during June 1975. Clause 7 said Bunge was to ‘give at least 15 days consecutive notice’ of the readiness of the ship for loading (i.e. which at the time mean 13 June). Bunge gave notice on 17 June. Tradax argued this was a breach and purported to terminate and recover damages for the difference between the contract price and the market price (which had just fallen). Judgment The House of Lords held that proper construction of the contract meant clause 7 was a ...
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House Of Lords
The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. The House of Lords scrutinises Bill (law), bills that have been approved by the House of Commons. It regularly reviews and amends bills from the Commons. While it is unable to prevent bills passing into law, except in certain limited circumstances, it can delay bills and force the Commons to reconsider their decisions. In this capacity, the House of Lords acts as a check on the more powerful House of Commons that is independent of the electoral process. While members of the Lords may also take on roles as government ministers, high-ranking officials such as cabinet ministers are usually drawn from the Commons. The House of Lo ...
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1981 In British Law
Events January * January 1 ** Greece enters the European Economic Community, predecessor of the European Union. ** Palau becomes a self-governing territory. * January 10 – Salvadoran Civil War: The Farabundo Martí National Liberation Front, FMLN launches its first major offensive, gaining control of most of Morazán Department, Morazán and Chalatenango Department, Chalatenango departments. * January 15 – Pope John Paul II receives a delegation led by Polish Solidarity (Polish trade union), Solidarity leader Lech Wałęsa at the Vatican City, Vatican. * January 20 – Iran releases the 52 Americans held for 444 days, minutes after Ronald Reagan is First inauguration of Ronald Reagan, sworn in as the 40th President of the United States, ending the Iran hostage crisis. * January 21 – The first DMC DeLorean, DeLorean automobile, a stainless steel sports car with gull-wing doors, rolls off the production line in Dunmurry, Northern Ireland. * January 24 – An 1981 Dawu ea ...
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1981 In Case Law
Events January * January 1 ** Greece enters the European Economic Community, predecessor of the European Union. ** Palau becomes a self-governing territory. * January 10 – Salvadoran Civil War: The Farabundo Martí National Liberation Front, FMLN launches its first major offensive, gaining control of most of Morazán Department, Morazán and Chalatenango Department, Chalatenango departments. * January 15 – Pope John Paul II receives a delegation led by Polish Solidarity (Polish trade union), Solidarity leader Lech Wałęsa at the Vatican City, Vatican. * January 20 – Iran releases the 52 Americans held for 444 days, minutes after Ronald Reagan is First inauguration of Ronald Reagan, sworn in as the 40th President of the United States, ending the Iran hostage crisis. * January 21 – The first DMC DeLorean, DeLorean automobile, a stainless steel sports car with gull-wing doors, rolls off the production line in Dunmurry, Northern Ireland. * January 24 – An 1981 Dawu ea ...
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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 ...
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Incorporated Council Of Law Reporting
The Incorporated Council of Law Reporting for England and Wales (ICLR) is a registered charity based in London, England, that publishes law reports of English law. The company is widely recognised as a reputable producer of reports (and the only 'official' source), which are used by students, academics, journalists, lawyers and judges across the country. History The ICLR was founded in 1865 by W. T. S. Daniel QC, and its first meeting took place on 25 February at Westminster Hall, then the home of the Court of King's Bench, the Court of Common Pleas and the Court of Chancery. The council was incorporated under the Companies Act 1862 in 1870. Largely working "as a private enterprise without state aid or interference," the council "was not intended to be profit-making except in so far as it was necessary to make it self-supporting." Working on this principle, the Council applied in 1966 for registration to become an official charity under section 4 of thCharities Act 1960 Upon reje ...
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John Megaw
Sir John Megaw, (16 September 1909 – 27 December 1997) was a British judge who eventually rose to Lord Justice of Appeal and Irish international rugby union player. Early life and career Born in Dublin, Megaw was the son of Irish (later Northern Irish) politician and judge Robert Megaw and the brother of the crystallographer Helen Megaw. After the creation of the Irish Free State, his father, a strong Protestant, relocated the family to Belfast. He was educated at the Royal Academical Institution in Belfast, before being elected to an open scholarship in Classics at St John's College, Cambridge. After gaining a first in Part I of the classical tripos, he switched to Law, gaining a first in Part II of the law tripos and in the LLB (which, at the time was a postgraduate law degree). He then attended Harvard Law School on a Choate fellowship. He also played rugby union internationally for Ireland, delaying his call to the bar for a term to take part in a match. Megaw was c ...
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Photo Production Ltd V Securicor Transport Ltd
is an English contract law case decided by the House of Lords on construction of a contract and the doctrine of fundamental breach. Facts Photo Productions Ltd engaged Securicor to guard their premises at night. A night-watchman, Mr Musgrove, started a fire in a brazier at Photo Production's factory to keep himself warm. The fire spread accidentally and the Photo Productions plant was totally destroyed by fire, causing £648,000-worth of damage. When Photo Productions sued, Securicor argued that an exemption clause in the contract excused liability. The clause provided: "under no circumstances shall Securicor be responsible for any injurious act or default by any employee… unless such act or default could have been foreseen and avoided by the exercise of due diligence on the part of ecuricor" Photo Productions argued that the clause could not apply under the doctrine of fundamental breach, that the breach of the contract went to the root of the contract, it invalidated the ...
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Reardon Smith Line Ltd V Hansen-Tangen
Reardon is a surname of Irish Gaelic origin. It is an anglisation of the modern Irish Gaelic Ó Ríordáin, which itself in turn derived from the original 'Ó Ríoghbhardáin', meaning ''royal bard'' (from the Irish Gaelic words, ''rí'' = king, and the diminutive form of ''bard''). Notable people with the surname include: * Beans Reardon (1897–1984), American umpire in Major League Baseball * Bill Reardon (born 1941), American politician and educator * Casper Reardon (1907–1941), classical and later jazz harpist * David Reardon, American director of the Elliot Institute * Dom Reardon, British comics artist (''2000AD'') * Jack Reardon (1914–1991), Australian rugby league footballer and writer * Jeff Reardon (born 1955), American baseball relief pitcher * Jim Reardon (born 1965), director and storyboard consultant (The Simpsons) * John Reardon (born 1975), Canadian actor and former college football player * John Reardon (baritone) (1930–1988), American baritone and actor * Ke ...
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Bowes V Shand
Bowes is a village in County Durham, England. Located in the Pennine hills, it is situated close to Barnard Castle. It is built around the medieval Bowes Castle. Geography and administration Civic history Bowes lies within the historic county boundaries of the North Riding of Yorkshire, but along with the rest of the former Startforth Rural District it was incorporated into the non-metropolitan county of Durham for administrative purposes on 1 April 1974, under the provisions of the Local Government Act 1972. The A66 and A67 roads meet at Bowes. History The Roman name for Bowes was Lavatrae. A Roman fort was located there, which was re-used as the site for Bowes Castle. The place-name 'Bowes' is first attested in a charter of 1148, where it appears as ''Bogas''. This is the plural of the Old English ''boga'' meaning 'bow', probably signifying an arched bridge. The village church is dedicated to St Giles. The only pub in the village, the formerly named George Inn owned ...
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Lord Wilberforce
Richard Orme Wilberforce, Baron Wilberforce, (11 March 1907 – 15 February 2003) was a British judge. He was a Lord of Appeal in Ordinary from 1964 to 1982. Early life and career Born in Jalandhar, India, Richard Wilberforce was the son of Samuel Wilberforce, ICS, later a judge of the Lahore High Court, and of Katherine Wilberforce, the daughter of John Sheepshanks, Bishop of Norwich. His grandfather was Reginald Wilberforce, who helped restore British order in Delhi, after the Indian Rebellion of 1857. His great-grandfather was Samuel Wilberforce, Bishop of Winchester, and his great-great-grandfather was the abolitionist William Wilberforce, a connection which had much influence upon him. Wilberforce spent the first seven years of his life in India, before being sent to England in 1914 on the outbreak of the First World War. He attended five preparatory schools, the last being Sandroyd School. From Sandroyd he went to Winchester College in 1920 where Monty Rendall, the he ...
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Hong Kong Fir Shipping Co Ltd V Kawasaki Kisen Kaisha Ltd
''Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd'' 9622 QB 26 is a landmark English contract law case. It introduced the concept of innominate terms, a category between "warranties" and "conditions". Under the English sale of goods principles, a condition is a term whose breach entitles the injured party to repudiate the contract, but a breach of warranty shall give rise only to damages. In this case, Diplock LJ proposed that some terms could lead ''either'' to the right to terminate a contract as a remedy, ''or'' to the mere entitlement to damages (without a right to terminate). What mattered was not whether a particular contract term was called a "warranty" or a "condition", but how serious was the breach of the term. In short, the test for whether or not one may repudiate has now become, "does the breach deny the claimant the main benefit of the contract?" However, modern commercial custom has since established that some breaches, such as failure to meet a "n ...
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