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Certainty In English Law
Certainty in English law sets out rules for how judges will interpret, sever or put English contract law, contracts, English trust law, trusts and other voluntary obligations into effect. If the terms of the contract are uncertain or incomplete, the parties cannot have reached an agreement in the eyes of the law. An agreement to agree does not constitute a contract, and an inability to agree on key issues, which may include such things as Contract price, price or safety, may cause the entire contract to fail. However, a court will attempt to give effect to commercial contracts where possible, by construing a reasonable construction of the contract. Courts may also look to external standards, which are either mentioned explicitly in the contract or implied by common practice in a certain field. In addition, the court may also imply a term; if price is excluded, the court may imply a reasonable price, with the exception of land, and second-hand goods, which are unique. If there are ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Brown V Gould
Brown is a color. It can be considered a composite color, but it is mainly a darker shade of orange. In the CMYK color model used in printing or painting, brown is usually made by combining the colors orange and black. In the RGB color model used to project colors onto television screens and computer monitors, brown combines red and green. The color brown is seen widely in nature, wood, soil, human hair color, eye color and skin pigmentation. Brown is the color of dark wood or rich soil. According to public opinion surveys in Europe and the United States, brown is the least favorite color of the public; it is often associated with plainness, the rustic, feces, and poverty. More positive associations include baking, warmth, wildlife, and the autumn. Etymology The term is from Old English , in origin for any dusky or dark shade of color. The first recorded use of ''brown'' as a color name in English was in 1000. The Common Germanic adjectives ''*brûnoz and *brûnâ'' meant b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
McPhail V Doulton
, also known as ''Re Baden's Deed Trusts (No 1)'' is a leading English trusts law case by the House of Lords on the certainty of beneficiaries. It held that so long as any given claimant can clearly be determined to be a beneficiary, or not, a trust is valid. The Lords also remanded the case to the Court of Appeal to be decided on this new legal principle as '' Re Baden's Deed Trusts (No 2)''. Facts Bertram Baden executed a deed settling a non-charitable trust for the benefit of the staff of Matthew Hall & Co Ltd and their relatives and dependents. The objects clause provided that: The validity of the trust was challenged, averring that the objects were insufficiently certain. Judgment Lord Wilberforce, after noting the fact that the settlor had left his property on trust, with instructions to distribute according to the trustees' choices (and, therefore, not equally among the potential beneficiaries), stated the following: Lord Wilberforce then went on to discuss the aut ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Re Barlow’s Will Trusts
''Re Barlow's Will Trusts'' 9791 WLR 278 is an English trusts law case, concerning certainty of the words "family" and "friends" in a will. Facts Miss Helen Alice Dorothy Barlow, the testatrix had a large collection of pictures. She specifically bequeathed some. For the remainder, she declared them to be held by her executor on trust to sell them, but that her ‘family and friends’ could buy them first at 1970 valuations or at the probate value, whichever was lower. The proceeds would go to the residuary estate. The executors asked the court whether the direction about family and friends was void, given its uncertainty, and if it was valid, who the family and friends were. Judgment Browne-Wilkinson J held that the trust was valid, because both concepts of friends and family could be given a workable meaning. Although ‘friend’ could have a wide variety of meaning, the minimum requirements were that (a) the relationship had to be long standing (b) be a social and not a bu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hunter V Moss
''Hunter v Moss'' 994 1 WLR 452 is an English trusts law case from the Court of Appeal concerning the certainty of subject matter necessary to form a trust. Moss promised Hunter 50 shares in his company as part of an employment contract, but failed to provide them. Hunter brought a claim against Moss for them, arguing that Moss's promise had created a trust over those 50 shares. The constitution of trusts normally requires that trust property be segregated from non-trust property for the trust to be valid, as in ''Re London Wine Co (Shippers) Ltd''. 986PCC 121 On this occasion, however, both Colin Rimer in the High Court of Justice and Dillon, Mann and Hirst LJJ in the Court of Appeal felt that, because this case dealt with intangible rather than tangible property, this rule did not have to be applied. Because all the shares were identical, it did not matter that they were not segregated, and the trust was valid. The decision was applied in ''Re Harvard Securities'', creating a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Paul V Constance
/ 9771 W.L.R. 527 is an English trust law case. It sets out what will be sufficient to establish that someone has intended to create a trust, the first of the "three certainties". It is necessary that a settlor's "words and actions ... show a clear intention to dispose of property ... so that someone else acquires a beneficial interest." Facts Mr Constance's marriage broke down, and he moved in with Ms Paul. After a workplace accident he received £950 in damages, and following discussions with a bank manager, paid it into a new joint account. They were unmarried, so the account was just put in Mr Constance's sole name. He said repeatedly, ‘the money is as much yours as mine’. They paid in joint bingo winnings too, and they made a £150 withdrawal, which they split. But 13 months later, Mr Constance died without a will. Ms Paul claimed the account was hers. Mrs Constance reappeared and claimed the money was hers. Judgment The Court of Appeal held that the parties' words an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jones V Lock
''Jones v Lock'' (1865) 1 Ch App 25 is an English trusts law case, concerning the formality for creating a gift, and the possibility that if the gift were not properly completed with the required legal form, a trust could be found. The Court of Appeal in Chancery held that equity would not "perfect an imperfect gift" by creating a trust, if the proper formality for the gift had not been completed. Facts A father returned from a business trip without a gift for his son. When the family told him off, he put a £900 cheque in the baby’s hand, and said The wife said the baby might tear it, and the father said, ‘it is his own, and he may do what he likes with it’. He locked it in the safe and died six days later. It was argued that although there was never an outright transfer, because he had not actually endorsed the cheque by signing it, there was no trust of the cheque for the baby. Judgment The Court of Appeal in Chancery held that there was no trust, because the father ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Carlton Communications And Granada Media Plc V The Football League
Carlton may refer to: People * Carlton (name), a list of those with the given name or surname * Carlton (singer), English soul singer Carlton McCarthy * Carlton, a pen name used by Joseph Caldwell (1773–1835), American educator, Presbyterian minister, mathematician and astronomer Places Australia * Carlton, New South Wales, a suburb of Sydney * Carlton, Tasmania, a locality in Tasmania * Carlton, Victoria, a suburb of Melbourne Canada * Carlton, Edmonton, Alberta, a neighbourhood * Carlton, Saskatchewan, a hamlet * Fort Carlton, a Hudson's Bay Company fur trading post built in 1810, near present-day Carlton, Saskatchewan * Carlton Trail, a historic trail near Fort Carlton * Carlton Street, Toronto, Ontario England * Carlton, Bedfordshire, a village * Carlton, Cambridgeshire, a village * Carlton, County Durham, a village and civil parish * Carlton, Leicestershire, a village * Carlton, Nottinghamshire, a suburb to the east of Nottingham ** The Carlton Academy ** ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Masters V Cameron
Master or masters may refer to: Ranks or titles * Ascended master, a term used in the Theosophical religious tradition to refer to spiritually enlightened beings who in past incarnations were ordinary humans *Grandmaster (chess), National Master, International Master, FIDE Master, Candidate Master, all ranks of chess player * Grandmaster (martial arts) or Master, an honorary title * Grand master (order), a title denoting the head of an order or knighthood * Grand Master (Freemasonry), the head of a Grand Lodge and the highest rank of a Masonic organization * Maestro, an orchestral conductor, or the master within some other musical discipline *Master, a title of Jesus in the New Testament *Master or shipmaster, the sea captain of a merchant vessel *Master (college), head of a college *Master (form of address), an English honorific for boys and young men * Master (judiciary), a judicial official in the courts of common law jurisdictions * Master mariner, a licensed mariner who is q ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Branca V Cobarro
Branca is a feminine given name. It means "white" in Portuguese (it is a Portuguese cognate of the name Blanche). People with the surname *Infanta Branca, Lady of Guadalajara (1192–1240), Portuguese royal *Infanta Branca of Portugal (1259–1321), Portuguese nun * Giovanni Branca (1571–1645), Italian architect *Ascanio Branca (1830–1903), Italian politician and Minister of Finance * Wilhelm von Branca (born 1844), German paleontologist and vulcanologist *Giulio Branca (1851–1926), Italian sculptor *Angelo Branca (1903–1984), Canadian judge * Vittore Branca (1913–2004), Italian philologist and critic * Toni Branca (1916–1985), Swiss racing driver * Ralph Branca (1926–2016), major league baseball pitcher * Glenn Branca (born 1948), American composer *John Branca (born 1950), American entertainment lawyer * Daniel Branca (1951–2005), Argentinian artist *Dona Branca, 20th-century Portuguese con artist * Marco Branca (born 1965), Italian International footballer See ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pitt V PHH Asset Management Ltd
''Pitt v PHH Asset Management Ltd'' 9941 WLR 327 is an English contract law case, which confirmed the enforceability of lockout agreements. Facts In Parsonage Lane, Chelsworth, Suffolk, is a residence known as "The Cottage". PHH Asset Management Ltd were undisclosed agents of mortgagees, who were selling The Cottage for £205,000. Mr Pitt and Miss Buckle put in competing bids. Mr Pitt bid £200,000, which PHH accepted 'subject to contract'. Miss Buckle then increased her bid to £210,000. PHH withdrew its acceptance of Mr Pitt. Mr Pitt threatened to sue for an injunction, to compel transfer of the cottage to him (it was noted in the Court of Appeal that this probably would have not succeeded, and just caused nuisance). So PHH agreed to sell to him and said they would consider no further offers. This is known as a "lock out agreement". But then, PHH sold to Miss Buckle anyway. Mr Pitt sued. PHH argued in its defence, there was no consideration to not consider further offers (for ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Foley V Classique Coaches Ltd
Foley may refer to: Places United States *Foley, Alabama * Foley, Florida, a community in Taylor County, Florida *Foley, Minnesota *Foley, Missouri * Foley Field, baseball stadium in Athens, Georgia *Foley Square in Manhattan Canada * Foley Island, Nunavut * Foley Mountain Conservation Area, Ontario Northern Ireland * Foley, County Armagh, a townland in County Armagh People *Foley (surname), a list of people with the surname *Foley (band), New Zealand pop duo *Baron Foley, British peerage title *Foley (musician), Miles Davis sideman 1987–1991 Fiction *Miss Foley, a fictional character from the novel ''Something Wicked This Way Comes'' Technology * Foley (filmmaking), a process or a studio for creating sound effects used to enhance film or video soundtrack * Foley catheter, the most common type of indwelling urinary catheter Ships *, more than one ship of the British Royal Navy *, a United States Navy destroyer escort in commission from August to October 1945 See al ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
