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Cutter V Powell
''Cutter v Powell'' (1795) 101 ER 573 is an English contract law case, concerning substantial performance of a contract. Facts Cutter agreed he would sail with Powell from Kingston, Jamaica to Liverpool, England. The contractual note read as follows. “Ten days after the ship ''Governor Parry'', myself master, arrives at Liverpool, I promise to pay to Mr. T. Cutter the sum of thirty guineas, provided he proceeds, continues and does his duty as second mate in the said ship from hence to the port of Liverpool. Kingston, July 31st, 1793.” Cutter died after seven weeks. It was a ten-week voyage. The ship left on 2 August, Cutter died on 20 September and the ship arrived on 9 October. The ship captain refused to pay any wages at all. Mrs Cutter sued to recover the wages for the part of the journey that the husband had survived. It was apparent that the usual wages of a second mate of a ship on such a voyage was four pounds per month: but when seamen are shipped by the run f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Kenyon CJ
Lloyd Kenyon, 1st Baron Kenyon (5 October 1732 – 4 April 1802), was a Kingdom of Great Britain, British politician and barrister, who served as Attorney General for England and Wales, Attorney General, Master of the Rolls and Lord Chief Justice of England and Wales, Lord Chief Justice. Born to a country gentleman, he was initially educated in Hanmer, Wales, Hanmer before moving to Ruthin School aged 12. Rather than going to university he instead worked as a clerk to an attorney, joining the Middle Temple in 1750 and being called to the Bar in 1756. Initially almost unemployed due to the lack of education and contacts which a university education would have provided, his business increased thanks to his friendships with John Dunning, 1st Baron Ashburton, John Dunning, who, overwhelmed with cases, allowed Kenyon to work many, and Edward Thurlow, 1st Baron Thurlow, Lord Thurlow who secured for him the Chief Justice of Chester, Chief Justiceship of Chester in 1780. He was returned ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Condition Precedent
A condition precedent is an event or state of affairs that is required before something else will occur. In contract law, a condition precedent is an event which must occur, unless its non-occurrence is excused, before performance under a contract becomes due, i.e., before any contractual duty exists.Restatement (Second) of Contracts § 224 In estate and trust law, it is a provision in a will or trust that prevents the vesting of a gift or bequest until something occurs or fails to occur, e.g. the attainment of a certain age or the predecease of another person. For comparison, a condition subsequent brings a duty to an end whereas a condition precedent initiates a duty. In computing, a while loop sets the truth of a statement as a condition precedent for the execution of a given subroutine or other code segment. By contrast, a do while loop provides for the action's ongoing execution unless a given condition is determined to be false, ''i.e.'', provides for that action's execution ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1795 In British Law
Events January–June * January – Central England records its coldest ever month, in the Central England temperature, CET records dating back to 1659. * January 14 – The University of North Carolina at Chapel Hill, University of North Carolina opens to students at Chapel Hill, North Carolina, Chapel Hill, becoming the first state university in the United States. * January 16 – War of the First Coalition: Flanders campaign: The French occupy Utrecht, Dutch Republic, Netherlands. * January 18 – Batavian Revolution in Amsterdam: William V, Prince of Orange, Stadtholder of the Dutch Republic (Republic of the Seven United Netherlands), flees the country. * January 19 – The Batavian Republic is proclaimed in Amsterdam, ending the Dutch Republic (Republic of the Seven United Netherlands). * January 20 – French troops enter Amsterdam. * January 23 – Flanders campaign: Capture of the Dutch fleet at Den Helder: The Dutch fleet, frozen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Termination 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] |
English Unjust Enrichment 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wilusynski V London Borough Of Tower Hamlets
''Wiluszynski v London Borough of Tower Hamlets'' 989ICR 439 is a UK labour law case concerning the contract of employment. It held that if an employment was only partly performed due to a strike, this could be construed as not completing an entire obligation, so that even if an employer has received much more value, they need to pay nothing. This case has been criticised on the ground that it fails to give adequate weight to the context of employment contracts, which differ from commercial contracts, particularly in light of developments in the law of unjust enrichment and the decision of ''Autoclenz Ltd v Belcher''. Facts Mr Marek Wilusyzynski was a member of the trade union, the National and Local Government Officers Association, whose strike plan was to refuse to answer enquiries from London Borough of Tower Hamlets council members. This was only a very small proportion of his duties as a housing officer, because he dealt mainly with complaints directly from tenants. He mad ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bolton V Mahadeva
''Bolton v Mahadeva'' 9722 All ER 1322 is an English contract law case, concerning substantial performance of an obligation. Facts Mr Walter Charles Bolton installed central heating for £560 in Mr T Mahadeva’s house. It was too cold, the heat came unevenly and it all gave off fumes. Bolton refused to correct it, which would cost £174. Mahadeva refused to pay any money at all. Bolton sued. The Brentford Deputy County Court judge, Sir Graeme Finlay, held that the contract price needed to be paid, minus a sum for the cost of putting the heating system right (a total of £446, including labour). Judgment Sachs LJ held that Bolton was entitled to nothing because there had been no substantial performance at all. At 1015 he said, ‘It is not merely that so very much of the work was shoddy, but it is the general ineffectiveness of it for its primary purpose that leads me to that conclusion.’ Significance *Law Commission, No.121, ‘Pecuniary Restitution for Breach of Contract ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hoenig V Isaacs
''Hoenig v Isaacs'' Somervell_LJ_upheld_the_decision_of_an_Official_Referee_at_first_instance,_His_Honour_Lionel_Leach.html" ;"title="English contract law">952EWCA Civ 6is an English contract law case concerning substantial performance of an entire obligation. Facts Mr Hoenig was contracted to decorate and furnish Mr Isaacs' flat for £750. When the work was done, there were problems with a bookcase and wardrobe, which would cost £55 to fix. Mr Isaacs refused to pay the £350 outstanding. Judgment Donald Somervell, Baron Somervell of Harrow">Somervell LJ upheld the decision of an Official Referee at first instance, His Honour Lionel Leach">Sir Lionel Leach, in finding there had been substantial compliance. He noted that each case turns on the construction of the contract. Where there is substantial performance of the contract, then money must be paid. The work was done, and then there was merely a damages claim in respect of the faulty parts. He noted the case was near the bo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cardozo J
Benjamin Nathan Cardozo (May 24, 1870 – July 9, 1938) was an American lawyer and jurist who served on the New York Court of Appeals from 1914 to 1932 and as an Associate Justice of the Supreme Court of the United States from 1932 until his death in 1938. Cardozo is remembered for his significant influence on the development of American common law in the 20th century, in addition to his philosophy and vivid prose style. Born in New York City, Cardozo passed the bar in 1891 after attending Columbia Law School. He won an election to the New York Supreme Court in 1913 but joined the New York Court of Appeals the following year. He won election as Chief Judge of that court in 1926. As Chief Judge, he wrote majority opinions on cases such as '' Palsgraf v. Long Island Railroad Co.'' In 1932, President Herbert Hoover appointed Cardozo to the U.S. Supreme Court to succeed Oliver Wendell Holmes Jr. Cardozo served on the Court until his death in 1938, and formed part of the liberal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jacob & Youngs V
Jacob (; ; ar, يَعْقُوب, Yaʿqūb; gr, Ἰακώβ, Iakṓb), later given the name Israel, is regarded as a patriarch of the Israelites and is an important figure in Abrahamic religions, such as Judaism, Christianity, and Islam. Jacob first appears in the Book of Genesis, where he is described as the son of Isaac and Rebecca, and the grandson of Abraham, Sarah, and Bethuel. According to the biblical account, he was the second-born of Isaac's children, the elder being Jacob's fraternal twin brother, Esau. Jacob is said to have bought Esau's birthright and, with his mother's help, deceived his aging father to bless him instead of Esau. Later in the narrative, following a severe drought in his homeland of Canaan, Jacob and his descendants, with the help of his son Joseph (who had become a confidant of the pharaoh), moved to Egypt where Jacob died at the age of 147. He is supposed to have been buried in the Cave of Machpelah. Jacob had twelve sons through four women, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Britton V
{{disambiguation, geo ...
Britton may refer to: * Britton (law), an ancient summary of the Laws of England * Britton (given name) * Britton (surname) Places Canada * Britton, Ontario United States * Britton, Michigan * Britton, Oklahoma * Britton, South Dakota See also *Britten (other) *Briton (other) Britons, or the British people, are nationals or natives of the United Kingdom of Great Britain and Northern Ireland. British or Britons may also refer to: Peoples * Celtic Britons or Ancient Britons, Celtic people who inhabited Great Britain f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sumpter V Hedges
''Sumpter v Hedges'' 8981 QB 673 is an English contract law case, concerning substantial performance of a contract and restitution for unjust enrichment. Facts Mr Sumpter was a builder. He had a contract to build two houses and stables for Mr Hedges for £560. He did work valued at £333 and said he had to stop because he had no more money. Substantial payments on account have in fact been made to the builder. Hedges finished the building, using materials which Sumpter had left behind. Sumpter sued for the outstanding money. Bruce J found that Mr Sumpter had abandoned the contract, and said he could obtain money for the value of the materials but nothing for the work. Judgment The Court of Appeal found that Mr Sumpter had abandoned the building work and emphasised that it left Mr Hedges without any choice of whether to adopt the work. It held that Mr Hedges had to pay for the building materials that he used, but did not need to reimburse Mr Sumpter for the half-built structures ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
