|
Cann V Willson
''Cann v Willson'' (1888) 39 Ch D 39, is an English tort law case, concerning negligent valuation. Facts A valuer instructed by a mortgagor sent his report to the mortgagee who made an advance in reliance on the valuation. Judgment The valuer was held liable in the tort of negligence to the mortgagee for failing to carry out the valuation with reasonable care and skill. See also *''Smith v Eric S Bush ''Smith v Eric S Bush'' 990UKHL 1is an English tort law and English contract law">contract law case, heard by the House of Lords. First, it concerned the existence of a duty of care in tort for negligent misstatements, not made directly to someon ...'' 1888 in case law English tort case law 1888 in England Negligence case law Valuation (finance) 1888 in British law {{England-law-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Tort Law
English tort law concerns the compensation for harm to people's rights to health and safety, a clean environment, property, their economic interests, or their reputations. A "tort" is a wrong in civil, rather than criminal law, that usually requires a payment of money to make up for damage that is caused. Alongside contracts and unjust enrichment, tort law is usually seen as forming one of the three main pillars of the law of obligations. In English law, torts like other civil cases are generally tried in front a judge without a jury. History Following Roman law, the English system has long been based on a closed system of nominate torts, such as trespass, battery and conversion. This is in contrast to continental legal systems, which have since adopted more open systems of tortious liability. There are various categories of tort, which lead back to the system of separate causes of action. The tort of negligence is however increasing in importance over other types of tort, pr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Estoppel
Estoppel is a judicial device in common law legal systems whereby a court may prevent or "estop" a person from making assertions or from going back on his or her word; the person being sanctioned is "estopped". Estoppel may prevent someone from bringing a particular claim. Legal doctrines of estoppel are based in both common law and equity. It is also a concept in international law. Types of estoppel There are many different types of estoppel which can arise, but the common thread between them is that a person is restrained from asserting a particular position in law where it would be inequitable to do so. By way of illustration: * If a landlord promises the tenant that he will not exercise his right to terminate a lease, and relying upon that promise the tenant spends money improving the premises, the doctrine of ''promissory estoppel'' may prevent the landlord from exercising a right to terminate, even though his promise might not otherwise have been legally binding as a con ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Smith V Eric S Bush
''Smith v Eric S Bush'' 990UKHL 1is an English tort law and English contract law">contract law case, heard by the House of Lords. First, it concerned the existence of a duty of care in tort for negligent misstatements, not made directly to someone relying on the statement. Second, it concerned the reasonableness of a term excluding liability under the Unfair Contract Terms Act 1977, s 2(2) and s 11. Facts A surveyor, Eric Bush, was employed by a building society, Abbey National, to inspect and value 242 Silver Road, Norwich. Eric Bush disclaimed responsibility to the purchaser, Mrs Smith, who was paying a fee of £36.89 to the building society to have the valuation done. The building society had a similar clause in its mortgage agreement. The property valuation said no essential repairs were needed. This was wrong. But Mrs Smith relied on this and bought the house. Bricks from the chimney collapsed through the roof, smashing through the loft. Mrs Smith argued there was a duty of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1888 In Case Law
In Germany, 1888 is known as the Year of the Three Emperors. Currently, it is the year that, when written in Roman numerals, has the most digits (13). The next year that also has 13 digits is the year 2388. The record will be surpassed as late as 2888, which has 14 digits. Events January–March * January 3 – The 91-centimeter telescope at Lick Observatory in California is first used. * January 12 – The Schoolhouse Blizzard hits Dakota Territory, the states of Montana, Minnesota, Nebraska, Kansas, and Texas, leaving 235 dead, many of them children on their way home from school. * January 13 – The National Geographic Society is founded in Washington, D.C. * January 21 – The Amateur Athletic Union is founded by William Buckingham Curtis in the United States. * January 26 – The Lawn Tennis Association is founded in England. * February 6 – Gillis Bildt becomes Prime Minister of Sweden (1888–1889). * February 27 – In West O ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
