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Cooper V Phibbs
''Cooper v Phibbs'' 867UKHL 1is an English contract law case, concerning the doctrine of mistake. Facts An uncle told his nephew, not intending to misrepresent anything, but being in fact in error, that he (the uncle) was entitled to a fishery. The nephew, after the uncle's death, acting in the belief of the truth of what the uncle had told him, entered into an agreement to rent the fishery from the uncle's daughters. However, the fishery actually belonged to the nephew himself. After the uncle died, the lease was renewed through Mr Cooper’s aunt, via her three daughters, Cooper’s cousins, and Mr Phibbs acting as their agent. The aunt, three sisters, and Mr Cooper, had all assumed that they were entitled to the land through a right of inheritance. In fact, Cooper was truly entitled to an equitable residual interest, because the uncle in his will had granted Cooper a life tenancy. When the sisters asked for the next rental payment, this had transpired and Mr Cooper sought a d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fact
A fact is a datum about one or more aspects of a circumstance, which, if accepted as true and proven true, allows a logical conclusion to be reached on a true–false evaluation. Standard reference works are often used to check facts. Scientific facts are verified by repeatable careful observation or measurement by experiments or other means. For example, "This sentence contains words." accurately describes a linguistic fact, and "The sun is a star" accurately describes an astronomical fact. Further, "Abraham Lincoln was the 16th President of the United States" and "Abraham Lincoln was assassinated" both accurately describe historical facts. Generally speaking, facts are independent of belief and of knowledge and opinion. Facts are different from theories, values, and objects. Etymology and usage The word ''fact'' derives from the Latin ''factum''. It was first used in English with the same meaning: "a thing done or performed"a meaning now obsolete."Fact" (1a). Oxford Eng ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1867 In British Law
Events January–March * January 1 – The Covington–Cincinnati Suspension Bridge opens between Cincinnati, Ohio, and Covington, Kentucky, in the United States, becoming the longest single-span bridge in the world. It was renamed after its designer, John A. Roebling, in 1983. * January 8 – African-American men are granted the right to vote in the District of Columbia. * January 11 – Benito Juárez becomes Mexican president again. * January 30 – Emperor Kōmei of Japan dies suddenly, age 36, leaving his 14-year-old son to succeed as Emperor Meiji. * January 31 – Maronite nationalist leader Youssef Bey Karam leaves Lebanon aboard a French ship for Algeria. * February 3 – ''Shōgun'' Tokugawa Yoshinobu abdicates, and the late Emperor Kōmei's son, Prince Mutsuhito, becomes Emperor Meiji of Japan in a brief ceremony in Kyoto, ending the Late Tokugawa shogunate. * February 7 – West Virginia University is established in Morgantown, West Virginia. * February 13 ... [...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] |
The Great Peace
''Great Peace Shipping Ltd v Tsavliris (International) Ltd'' [2002EWCA Civ 1407(also known as ''The Great Peace'') is a case on English contract law and on maritime salvage. It investigates when a Mistake (contract law)#Common mistake, common mistake within a contractual agreement will render it void. It is notable for its Mechanisms of the English common law, "disapproval" of ''Solle v Butcher'', a 1950 Court of Appeal case in which Lord Denning had established a doctrine of "equitable mistake". ''Great Peace'' ruled that the thinking underlying ''Solle v. Butcher'' "could not stand in the face of the earlier decision of the House of Lords in '' Bell v. Lever Bros.''".Martin-Clark, D.'Great Peace' accessed 21 March 2023 Facts The defendants, Tsavliris, were professional salvors in the business of maritime salvage and rendering aid to ships in difficulty in the South Indian Ocean. Learning that a vessel named ''Cape Providence'' was in trouble, Tsavliris entered into a salvage ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Solle V Butcher
''Solle v Butcher'' 9501 KB 671 is an English contract law case, concerning the right to have a contract declared voidable in equity. Denning LJ reaffirmed a class of "equitable mistakes" in his judgment, which enabled a claimant to avoid a contract. Denning LJ said, This would have essentially recognised a wider application of a duty of disclosure in most cases, triggered by actual knowledge of one party that another party was mistaken about terms. The case was doubted by a subsequent Court of Appeal case, ''The Great Peace''. Facts Mr Charles Butcher, the landlord, had leased a flat in Maywood House, Beckenham, to Mr Godfrey Solle, the tenant, at £250 a year, both parties believing that the Rent Acts did not apply to the property. Mr Solle later claimed that he should be repaid money over the regulated rent for the flat. Mr Butcher counterclaimed that their contract should be void because both were mistaken about rent regulation applying. The Increase of Rent and Mortgage I ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Denning LJ
Alfred Thompson "Tom" Denning, Baron Denning (23 January 1899 – 5 March 1999) was an English lawyer and judge. He was call to the bar, called to the bar of England and Wales in 1923 and became a King's Counsel in 1938. Denning became a judge in 1944 when he was appointed to the Family Division, Probate, Divorce and Admiralty Division of the High Court of Justice, and transferred to the Queen's Bench Division, King's Bench Division in 1945. He was made a Lord Justice of Appeal in 1948 after less than five years in the High Court. He became a Lord of Appeal in Ordinary in 1957 and after five years in the Judicial functions of the House of Lords, House of Lords returned to the Court of Appeal as Master of the Rolls in 1962, a position he held for twenty years. In retirement he wrote several books and continued to offer opinions on the state of the common law through his writing and his position in the House of Lords. Margaret Thatcher said that Denning was "probably the grea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mistake In Equity
Mistake(s) may refer to: * An error Law * Mistake (contract law), an erroneous belief, at contracting, that certain facts are true ** Mistake in English contract law, a specific type of mistake, pertaining to England * Mistake (criminal law), or ''mistake of fact'', a defense to criminal charges on the grounds of ignorance of a fact * Mistake of law, a defense to criminal charges on the grounds of ignorance of law * Error (law) Places * Mistake Bay, a bay in Canada * Mistake Crag, a crag in Antarctica * Mistake Creek, Queensland, an Australian locality * Mistake Peak, a mountain in Antarctica * Mistake Peak (Arizona), a mountain in the U.S. state of Arizona * Mistake River, a river in New Zealand Music * ''Mistake'' (album), a 2002 album by D+ * "Mistake" (Moby song), 2009 * "Mistake" (Stephanie McIntosh song), 2006 * "Mistake" (Mike Oldfield song), 1982 * "Mistakes" (Brian McFadden song), a 2010 song featuring Delta Goodrem * "Mistakes" (Tove Styrke song), 2017 * "Mi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lien
A lien ( or ) is a form of security interest granted over an item of property to secure the payment of a debt or performance of some other obligation. The owner of the property, who grants the lien, is referred to as the ''lienee'' and the person who has the benefit of the lien is referred to as the ''lienor'' or ''lien holder''. The etymological root is Anglo-French ''lien'', ''loyen'' "bond", "restraint", from Latin ''ligamen'', from ''ligare'' "to bind". In the United States, the term lien generally refers to a wide range of encumbrances and would include other forms of mortgage or charge. In the US, a lien characteristically refers to '' nonpossessory'' security interests (see generally: ). In other common-law countries, the term lien refers to a very specific type of security interest, being a passive right to retain (but not sell) property until the debt or other obligation is discharged. In contrast to the usage of the term in the US, in other countries it refers to a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Raffles V Wichelhaus
''Raffles v Wichelhaus'' [1864EWHC Exch J19 often called "The ''Peerless''" case, is a leading case on mutual mistake in English contract law. The case established that where there is latent ambiguity as to an essential element of the contract, the Court will attempt to find a reasonable interpretation from the context of the agreement before it will void it. The case's fame is bolstered by the ironic coincidence contained within: each party had in mind a particular ship, with no knowledge of the other's existence, yet each ship was named ''Peerless''. Facts *Raffles is the cotton supplier. *Wichelhaus is the cotton purchaser. *There is a steep drop in prices between October and December. *Wichelhaus does not want the December cotton delivery because of the drop in cotton prices. The claimant (Raffles) entered into a contract to sell 125 bales of Surat cotton at fair market price to the defendant (Wichelhaus) at the rate of d. per pound. The contract specified that the cotto ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mistake (contract Law)
In contract law, a mistake is an erroneous belief, ''at contracting'', that certain facts are true. It can be argued as a defense, and if raised successfully, can lead to the agreement in question being found void ''ab initio'' or voidable, or alternatively, an equitable remedy may be provided by the courts. Common law has identified three different types of mistake in contract: the 'unilateral mistake', the 'mutual mistake', and the 'common mistake'. The distinction between the 'common mistake' and the 'mutual mistake' is important. Another breakdown in contract law divides mistakes into four traditional categories: unilateral mistake, mutual mistake, mistranscription, and misunderstanding. The law of mistake in any given contract is governed by the law governing the contract. The law from country to country can differ significantly. For instance, contracts entered into under a relevant mistake have not been voidable in English law since ''Great Peace Shipping Ltd v Tsavliris ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
