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Car And Universal Finance Co Ltd V Caldwell
''Car and Universal Finance Co Ltd v Caldwell'' 9651 QB 525 is an English contract law case concerning misrepresentation. It holds that an unequivocal act communicating the wish to rescind a contract can override third party rights. The communication does not need to go to the misrepresentor. Facts Mr Caldwell owned a Jaguar. A rogue named 'Mr Norris' convinced him to sell it for a £965 cheque and a £10 deposit. On 13 January when he tried to cash the cheque it was dishonoured. Mr Caldwell told the police and the Automobile Association straight away. Mr Norris sold the car to some dealers, who sold it on, and it was sold on again and again to Car and Universal Finance Ltd. They bought the car in good faith without any notice. The question was whether Caldwell had validly rescinded before the car was acquired by a bona fide purchaser for value without notice? Judgment High Court Lord Denning MR (sitting in the Queen's Bench) said the contract was validly rescinded. It was so w ...
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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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Misrepresentation In English Law
In common law jurisdictions, a misrepresentation is a false or misleading '' R v Kylsant'' 931/ref> statement of fact made during negotiations by one party to another, the statement then inducing that other party to enter into a contract. The misled party may normally rescind the contract, and sometimes may be awarded damages as well (or instead of rescission). The law of misrepresentation is an amalgam of contract and tort; and its sources are common law, equity and statute. In England and Wales, the common law was amended by the Misrepresentation Act 1967. The general principle of misrepresentation has been adopted by the United States and other former British colonies, e.g. India. Representation and contract terms A "representation" is a pre-contractual statement made during negotiations. If a representation has been incorporated into the contract as a term, then the normal remedies for breach of contract apply. Factors that determine whether or not a representation has beco ...
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Jaguar Cars
Jaguar (, ) is the luxury vehicle brand of Jaguar Land Rover, a British multinational car manufacturer with its headquarters in Whitley, Coventry, England. Jaguar Cars was the company that was responsible for the production of Jaguar cars until its operations were fully merged with those of Land Rover to form Jaguar Land Rover on 1 January 2013. Jaguar's business was founded as the Swallow Sidecar Company in 1922, originally making motorcycle sidecars before developing bodies for passenger cars. Under the ownership of S. S. Cars Limited, the business extended to complete cars made in association with Standard Motor Co, many bearing ''Jaguar'' as a model name. The company's name was changed from S. S. Cars to Jaguar Cars in 1945. A merger with the British Motor Corporation followed in 1966, the resulting enlarged company now being renamed as British Motor Holdings (BMH), which in 1968 merged with Leyland Motor Corporation and became British Leyland, itself to be nationali ...
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Lex Non Cogit Ad Impossibilia
Lex or LEX may refer to: Arts and entertainment * ''Lex'', a daily featured column in the ''Financial Times'' Games * Lex, the mascot of the word-forming puzzle video game ''Bookworm'' * Lex, the protagonist of the word-forming puzzle video game '' Bookworm Adventures'' Music * ''L.E.X.'', the third studio album by Liverpool Express * "Lex", a song from Ratatat's 2006 album ''Classics'' * ''Lex'' (album), a mini-album and partial soundtrack by Portland, Oregon duo Visible Cloaks * Lex Records, an independent record label Computing * Amazon Lex, a service for building conversational interfaces into any application using voice and text * LEX (cipher), a stream cipher based on the round transformation of AES * Lex (software), a computer program that generates lexical analyzers * lex (URN), a URN namespace that allows accurate identification of laws and other legal norms. Names * Lex (given name) * Lex (surname) Places * Lex, West Virginia, an unincorporated community in ...
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English Misrepresentation 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 * Engli ...
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Lord Denning Cases
A list of cases involving Lord Denning is bound to be incomplete, since he delivered around 2000 reported judgments. Lord Denning served as a judge for nearly 40 years, from 1944 to 1982. He often played a decisive role in developing the law and was influential around the Commonwealth and common law world. Counsel *''L'Estrange v F Graucob Ltd'' 9342 KB 394 High Court *'' Fletcher v Fletcher'' 9451 All ER 582, 61 TLR 354, Denning approves the divorce of a husband who deserted wife by withdrawing sexual intercourse and joining a religious community. *''Central London Property Trust Ltd v High Trees House Ltd'' 947KB 130, Denning resurrects the lost doctrine of promissory estoppel. Court of Appeal *'' Hain Steampship Co Ltd v Minister of Food'' 9491 All ER 444 (C.A.) *''Olley v Marlborough Court Hotel'' 9491 KB 532, on exclusion clauses in contract law. *'' Metropolitan Borough and the Town Clerk of Lewisham v Roberts'' 9492 K.B. 608 (C.A.) — Dissenting, an executive body sh ...
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Court Of Appeal (England And Wales) Cases
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordinar ...
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