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Carter V Boehm
''Carter v Boehm'' (1766) 3 Burr 1905 is a landmark English contract law case, in which Lord Mansfield established the duty of utmost good faith or ''uberrimae fidei'' in insurance contracts. Facts Carter was the Governor of Fort Marlborough (now Bengkulu, Sumatra), built by the British East India Company. Carter took out an insurance policy with Boehm against the fort being taken by a foreign enemy. A witness, Captain Tryon, testified that Carter was aware that the fort was built to resist attacks from natives but would be unable to repel European enemies, and he knew the French were likely to attack. The French successfully attacked, but Boehm refused to honour the indemnifier Carter, who promptly sued. Judgment Lord Mansfield held that Mr Carter, as the proposer owed a duty of utmost good faith (uberrimae fidei) to the insurer, he was required to disclose all facts material to the risk: Lord Mansfield went on to hold that the duty was reciprocal and that if an insurer withh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fort Marlborough
Fort Marlborough (Indonesian Benteng Marlborough, also known as Malabero) is a former East India Company fort located in Bengkulu (city), Bengkulu City, Sumatra. It was built between 1713-1719 by the East India Company under the leadership of Governor Joseph Collett as a defensive fort for the British East India Company's British Bencoolen, Residency there. It was one of the strongest British forts in the eastern region, second only to Fort St. George, India, Fort St. George in Chennai, Madras, India. Building The fort is made of bricks 50 to 180 centimeters in thickness. The 2000 Enggano earthquake, which registered 7.9 on the moment magnitude scale, and of 2007, with its 3.5-meter tsunami, had no effect on the strongly built fort. The fort has a rectangular layout, with an arrowhead-shaped bastion on each corner. The entrance to the fort is in the southwest, protected by a ravelin. A dry moat follows the trace of the fort. A wooden bridge spans the ditch that separates the main ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Da Costa V Jones
''Da Costa v Jones'' (1778) 2 Cowp 729 is a landmark English contract law case. Facts A wager was made on the sex of a certain individual. The individual concerned was a French national known as Monsieur le Chevalier D'Eon. D'Eon was a captain in the Dragoons and had served France in diplomatic postings firstly in Russia and later in England. He had been awarded the Cross of Saint-Louis during the reign of Louis XV in recognition of his service in the Dragoons and his diplomatic work. In the reign of Louis XV, the king established a spy service which was known as the Secret. The existence of Secret was not known to the king's ministers: It reported directly to him. During his time in England he fell out of favour with two of the king's ministers (a dispute having started over the level of his expenses), leading to his replacement by another diplomat. He continued to serve his country as a spy and therefore reported indirectly to the king. He held concerns that if he were to ret ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1766 In Case Law
Events January–March * January 1 – Charles Edward Stuart ("Bonnie Prince Charlie") becomes the new Stuart claimant to the throne of Great Britain, as King Charles III, and figurehead for Jacobitism. * January 14 – Christian VII becomes King of Denmark. * January 20 – Outside of the walls of the Thailand capital of Ayutthaya, tens of thousands of invaders from Burma (under the command of General Ne Myo Thihapate and General Maha Nawatra) are confronted by Thai defenders led by General Phya Taksin. The defenders are overwhelmed and the survivors take refuge inside Ayutthaya. The siege continues for 15 months before the Burmese attackers collapse the walls by digging tunnels and setting fire to debris. The city falls on April 9, 1767, and King Ekkathat is killed. * February 5 – An observer in Wilmington, North Carolina reports to the Edinburgh newspaper ''Caledonian Mercury'' that three ships have been seized by British men-of-war, on the char ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Good Faith 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 * En ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Mansfield 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 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Landmark Cases In The Law Of Contract
''Landmark Cases in the Law of Contract'' (2008) is a book by Charles Mitchell and Paul Mitchell, which outlines the key cases in English contract law. Content The cases discussed are, *'' Coggs v Barnard'' (1703) on bailment *''Pillans v Van Mierop'' (1765) on the doctrine of consideration *'' Carter v Boehm'' (1766) on good faith *'' Da Costa v Jones'' (1778) *'' Hochster v De La Tour'' (1853) on anticipatory breach *''Smith v Hughes'' (1871) on unilateral mistake and the objective approach to interpretation of contracts *''Foakes v Beer'' (1884) on part payments of debt (with a notable dissenting opinion by Lord Blackburn) *'' The Hong Kong Fir'' (1961) on innominate terms, allowing the court remedial flexibility *''Suisse Atlantique Societe d'Armament SA v NV Rotterdamsche Kolen Centrale'' (1966) *'' Rearden Smith Lines Ltd v Yngvar Hansen Tangan'' or ''The Diana Prosperity'' (1976) 1 WLR 989 on a contextual approach to contractual interpretation *'' Johnson v Agnew'' (19 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of Cases Involving Lord Mansfield
This list of cases involving Lord Mansfield includes his major reported legal judgments, particularly during the time that Lord Mansfield served as the Lord Chief Justice of the English Court of the King's Bench from 1756 to 1788. He made historical contributions to the common law, particularly in declaring slavery to be unlawful, and in elaborating essential principles of good faith in the law of contracts. King's Bench 1750s *'' Robinson v Robinson'' (1756) 96 ER 999, Lord Mansfield's first case, holding a will effective if, even uncertainly, it does "manifest general intent" *'' Cooper v Chitty'' (1756) 1 Burr 36, trover and conversion *''R v Richardson'' (1758) 97 ER 426, principles of representative accountability in companies 1760s *''Moses v Macferlan'' (1760) 2 Burr 1005, unjust enrichment, or quasi-contract *'' Pillans & Rose v Van Mierop & Hopkins'' (1765) 3 Burr 1663, irrelevance of consideration *''Carter v Boehm'' (1766) 3 Burr 1905, good faith principle in context ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Good Faith
In human interactions, good faith ( la, bona fides) is a sincere intention to be fair, open, and honest, regardless of the outcome of the interaction. Some Latin phrases have lost their literal meaning over centuries, but that is not the case with ''bona fides'', which is still widely used and interchangeable with its generally-accepted modern-day English translation of ''good faith''. It is an important concept within law and business. The opposed concepts are bad faith, ''mala fides'' (duplicity) and perfidy (pretense). In contemporary English, the usage of ''bona fides'' is synonymous with credentials and identity. The phrase is sometimes used in job advertisements, and should not be confused with the ''bona fide'' occupational qualifications or the employer's good faith effort, as described below. ''Bona fides'' ''Bona fides'' is a Latin phrase meaning "good faith". Its ablative case is ''bona fide'', meaning "in good faith", which is often used as an adjective to mean " ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constructive Fraud
Constructive fraud is a legal fiction describing a situation where a person or entity gained an unfair advantage over another by deceitful or unfair methods. Intent does not need to be shown as in the case of actual fraud. Some unfair methods may include not telling customers about defects in a product. The elements are: * a duty owing by the party to be charged to the complaining party due to their relationship;A fiduciary A fiduciary is a person who holds a legal or ethical relationship of trust with one or more other parties (person or group of persons). Typically, a fiduciary prudently takes care of money or other assets for another person. One party, for exampl ... duty is one such dutSees v Bank One footnote 8, page 3 * violation of that duty by the making of deceptive material misrepresentations of past or existing facts or remaining silent when a duty to speak exists; * reliance thereon by the complaining party; * injury to the complaining party as a proximate result ther ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
HIH Casualty And General Insurance Ltd V Chase Manhattan Bank
is an English contract law case concerning misrepresentation. Facts Chase Manhattan Bank was in the highly speculative business of lending money against receipts from five future movies (in this case, ''Amy Foster'', ''U Turn'', ''Apt Pupil'', ''The Mirror Has Two Faces'' and ''The People vs. Larry Flynt''). The bank wanted to protect against its substantial risk. So it took out a policy of insurance with HIH Insurance. Intermediaries who knew about movies, much more than either the bank or the insurer, negotiated. The bank made a claim for insurance cover. HIH resisted the bank's claim and in doing so alleged misrepresentations, both negligent and fraudulent, by the bank’s agents (not the bank itself). The insurance contract contained disclaimers for misrepresentations by the bank. One issue was whether the disclaimers could absolve the bank of liability for misrepresentation. Judgment All of the judges except Lord Steyn gave a speech. The majority of the House of Lords (Lord ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pawson V Watson
Pawson is a surname. Notable people with the surname include: *Anthony Pawson (born 1952), British-born Canadian molecular biologist *Craig Pawson (born 1979), English football referee *David Pawson (born 1930), British Bible teacher *Francis Pawson (born 1861), English footballer *Guy Pawson (1888–1986), English cricketer *Iris Veronica Pawson (1887–1982), British novelist and non-fiction writer *John Pawson (born 1949), British minimalist designer *Les Pawson (1905–1992), American marathon runner *Ray Pawson, British sociologist *Tony Pawson (cricketer) (1921–2012), English cricketer and cricket writer, son of Guy See also *Mount Pawson, southeast of Mohn Peaks, on the east coast of Palmer Land *Pawson Peak, solitary peak of irregular conical shape, west-northwest of Sphinx Hill, Admiralty Bay, King George Island *Porsön *Porson (typeface) Porson is an influential typeface in the Greek alphabet based on the handwriting of the English classicist Richard Porson. Creation ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
