Callisher V Bischoffsheim
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Callisher V Bischoffsheim
''Callisher v Bischoffsheim'' (1869–70) LR 5 QB 449 is an English contract law case concerning consideration. It held that the compromise of a disputed claim made ''bonâ fide'' is a good consideration for a promise, even if it ultimately appears that the claim was wholly unfounded. Facts Callisher alleged that money was owed to him from the Government of Honduras, and was about to take proceedings to enforce payment. In consideration that the plaintiff would forbear taking such proceedings for an agreed time, the defendant promised to deliver to Callisher a set of Honduras Railway Loan Bonds. But then, they did not deliver the debentures, and argued that their promise to do so was unenforceable because the original suit was groundless. Judgment The Queen's Bench held the contract was enforceable because even if the suit was groundless, forbearing to sue could count as a valuable consideration. Lord Chief Justice Cockburn said the following. Blackburn J concurred. Lush J ...
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Henry Cockburn, Lord Cockburn
Henry Thomas Cockburn of Bonaly, Lord Cockburn ( ; Cockpen, Midlothian, 26 October 1779 – Bonaly, Midlothian, 26 April/18 July 1854) was a Scottish lawyer, judge and literary figure. He served as Solicitor General for Scotland between 1830 and 1834. Background and Education His mother Janet Rannie was as sister-in-law of the influential Lord Melville, through her sister Elizabeth, and his father, Archibald Cockburn, was Sheriff of Midlothian and Baron of the Court of Exchequer. He was educated at the Royal High School and the University of Edinburgh. His brother, John Cockburn FRSE (died 1862), was a wine merchant and founder of Cockburn's of Leith. Literary career Cockburn contributed regularly to the ''Edinburgh Review''. In this popular magazine of its day he is described as: "rather below the middle height, firm, wiry and muscular, inured to active exercise of all kinds, a good swimmer, an accomplished skater, an intense lover of the fresh breezes of heaven. He wa ...
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Colin Blackburn
Colin Blackburn, Baron Blackburn, (18 May 1813 – 8 January 1896) was a Scottish judge who is remembered as one of the greatest exponents of the common law. At one point, Blackburn was a judge in the Court of Exchequer Chamber. On 16 October 1876, he became the first person to be made a law lord under the terms of the newly passed Appellate Jurisdiction Act. Life He was the second son of John Blackburn of Killearn, Stirlingshire, and Rebecca, daughter of the Rev. Colin Gillies. He was born on 18 May 1813. His elder brother, Peter Blackburn, represented Stirlingshire in the conservative interest in the parliament of 1859–65. His younger brother was the mathematician Hugh Blackburn. The future judge was educated at the Edinburgh Academy, Eton and Trinity College, Cambridge, in which university he graduated B.A. (eighth wrangler) in 1835, and proceeded M.A. in 1838. In 1870, he received the honorary degree of LL.D. from the University of Edinburgh. Admitted on 20 April 1835, ...
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Robert Lush
Sir Robert Lush (25 October 1807 – 27 December 1881) was an English judge who served on many Commissions and Committees of Judges. Born at Shaftesbury, he was educated at Gray's Inn before being called to the Bar in 1840. He earned a reputation as a sound and acute barrister, specially familiar with procedure. He was appointed QC in 1857, and was immediately elected a Bencher of Gray's Inn. He became a Justice of the Queen's Bench and was knighted in 1865; he was sworn a member of the Privy Council in 1879. He was a life-long baptist Baptists form a major branch of Protestantism distinguished by baptizing professing Christian believers only ( believer's baptism), and doing so by complete immersion. Baptist churches also generally subscribe to the doctrines of soul compe .... He married in 1839, Elizabeth Ann (died 16 March 1881), the eldest daughter of Rev Christopher Woollacott, of London. They had several children, including Judge Herbert W. Lush-Wilson, KC, an ...
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John Mellor (judge)
Sir John Mellor (1 January 1809 – 26 April 1887) was an English judge and Member of Parliament. Life Mellor was born in Hollinwood, Oldham and raised in Leicester, where his father was mayor and a Justice of the Peace. As a young man, his Unitarian beliefs prevented Mellor attending university. He entered law, becoming Queen's Counsel in 1833. Following failed attempts in 1852 (at Warwick) and 1857 (at Coventry) he was elected to Parliament to represent Great Yarmouth in 1857, and Nottingham in 1859. He was appointed to the Queen's Bench in 1861 and knighted in 1862. Mellor was one of the two judges at the special commission set up in Manchester in 1867 to try those accused of the murder of Police Sergeant Charles Brett. He was one of three judges at the 188-day long trial in 1873 of Arthur Orton, the Tichborne claimant. In his description of the case, James Beresford Atlay described him as 'second to none amongst the Common Law judges'. Hamilton notes he 'often amu ...
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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 (such as Australia, Canada, 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 voluntary obligation, contrasting to the duty to not violate others rights in tort or 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 human rights. Generally a contract forms when one person makes an offer, and another person accepts it by communicating their assent or performing the offer's terms. If the terms are certain, and the parties can be presumed from their beha ...
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Bonâ Fide
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 m ...
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Honduras
Honduras, officially the Republic of Honduras, is a country in Central America. The republic of Honduras is bordered to the west by Guatemala, to the southwest by El Salvador, to the southeast by Nicaragua, to the south by the Pacific Ocean at the Gulf of Fonseca, and to the north by the Gulf of Honduras, a large inlet of the Caribbean Sea. Its capital and largest city is Tegucigalpa. Honduras was home to several important Mesoamerican cultures, most notably the Maya, before the Spanish Colonization in the sixteenth century. The Spanish introduced Catholicism and the now predominant Spanish language, along with numerous customs that have blended with the indigenous culture. Honduras became independent in 1821 and has since been a republic, although it has consistently endured much social strife and political instability, and remains one of the poorest countries in the Western Hemisphere. In 1960, the northern part of what was the Mosquito Coast was transferred from ...
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Cook V Wright
Cook or The Cook may refer to: Food preparation * Cooking, the preparation of food * Cook (domestic worker), a household staff member who prepares food * Cook (professional), an individual who prepares food for consumption in the food industry * Chef, a professional proficient in all aspects of food preparation Geography U.S. * Cook, Minnesota, a city * Cook, Nebraska, a village * Cook, Ohio, an unincorporated community * Cook Hill (other) * Cook Hollow, Oregon County, Missouri * Cook Inlet, off the Gulf of Alaska Australia * Cook, South Australia * Cook County, New South Wales * Cook, Australian Capital Territory Elsewhere * Cook Peninsula, Nunavut, Canada * Cook Strait, the strait separating the North and South Islands of New Zealand Companies * Cook Group, an American manufacturer of medical devices * Cook Records, an American record label * Cook Trading, a UK manufacturer and retailer of frozen ready meals * Thomas Cook Group, a defunct British travel comp ...
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Couch V Branch Investments (1969) Ltd
Couch v Branch Investments (1969) Limited 9802 NZLR 314 is an often cited case regarding the temporary forbearance of taking legal action on enforcing a debt as being consideration to enter into a new contract with the creditor. It reinforces the English case of Callisher v Bischoffsheim (1870) LR 5 QB 449. Background Mr Couch had a company that borrowed $6,000 from Branch Investments on a 3-month loan to purchase a yacht for $4,000, with a further $2,000 to fix it. This transaction was processed as a hire purchase, which was a sham, due to the fact that Branch Investments were not in the business of selling yachts, for which he personally guaranteed the debt. 20 days into the loan, the boat subsequently sunk and was a total loss. Couch later got into financial difficulties, and defaulted on an instalment, and as a result came to an agreement with Branch Investments that they would not sue for the missed payment in return for Mr Couch to agree to pay the debt of $6,500, that hi ...
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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 * ...
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1870 In British Law
Year 187 ( CLXXXVII) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar. At the time, it was known as the Year of the Consulship of Quintius and Aelianus (or, less frequently, year 940 '' Ab urbe condita''). The denomination 187 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place Roman Empire * Septimius Severus marries Julia Domna (age 17), a Syrian princess, at Lugdunum (modern-day Lyon). She is the youngest daughter of high-priest Julius Bassianus – a descendant of the Royal House of Emesa. Her elder sister is Julia Maesa. * Clodius Albinus defeats the Chatti, a highly organized German tribe that controlled the area that includes the Black Forest. By topic Religion * Olympianus succeeds Pertinax as bishop of Byzantium (until 198). Births * Cao Pi, Chinese emperor of the Cao Wei state (d. 226) * ...
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1870 In Case Law
Year 187 ( CLXXXVII) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar. At the time, it was known as the Year of the Consulship of Quintius and Aelianus (or, less frequently, year 940 '' Ab urbe condita''). The denomination 187 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place Roman Empire * Septimius Severus marries Julia Domna (age 17), a Syrian princess, at Lugdunum (modern-day Lyon). She is the youngest daughter of high-priest Julius Bassianus – a descendant of the Royal House of Emesa. Her elder sister is Julia Maesa. * Clodius Albinus defeats the Chatti, a highly organized German tribe that controlled the area that includes the Black Forest. By topic Religion * Olympianus succeeds Pertinax as bishop of Byzantium (until 198). Births * Cao Pi, Chinese emperor of the Cao Wei state (d. 226) * ...
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