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Cooperative Insurance Ltd V Argyll Ltd
''Co-operative Insurance Society Ltd v Argyll Stores (Holdings) Ltd'' 997UKHL 17is an English contract law case, concerning the possibility of claiming specific performance of a promise after breach of contract. Facts The Co-operative Insurance Society Ltd owned the freehold of a shopping centre and they let the anchor unit to Argyll as a supermarket, for 35 years, starting 1979, with a covenant to ‘keep open the demised premises for retail trade’. In 1995, the store was making a loss and Argyll closed, despite The Co-operative Insurance's protests. The trial judge refused a specific performance order. The Court of Appeal granted an award of specific performance by a majority, because there was considerable difficulty proving a loss suffered and Argyll had acted with ‘unmitigated commercial cynicism’. Argyll appealed. Judgment The House of Lords allowed Argyll’s appeal and said the judge’s exercise of discretion was correct so that no specific performance could be a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Specific Performance
Specific performance is an equitable remedy in the law of contract, whereby a court issues an order requiring a party to perform a specific act, such as to complete performance of the contract. It is typically available in the sale of land law, but otherwise is not generally available if damages are an appropriate alternative. Specific performance is almost never available for contracts of personal service, although performance may also be ensured through the threat of proceedings for contempt of court. Specific performance is commonly used in the form of injunctive relief concerning confidential information or real property. While specific performance can be in the form of any type of forced action, it is usually to complete a previously established transaction, thus being the most effective remedy in protecting the expectation interest of the innocent party to a contract. It is usually the opposite of a prohibitory injunction, but there are mandatory injunctions that have a ... [...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] |
Breach Of Contract
Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance. Breach occurs when a party to a contract fails to fulfill its obligation(s), whether partially or wholly, as described in the contract, or communicates an intent to fail the obligation or otherwise appears not to be able to perform its obligation under the contract. Where there is breach of contract, the resulting damages have to be paid to the aggrieved party by the party breaching the contract. If a contract is rescinded, parties are legally allowed to undo the work unless doing so would directly charge the other party at that exact time. It is important to bear in mind that contract law is not the same from country to country. Each country has its own independent, freestanding law of contract. Therefore, it makes sense ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Co-operative Insurance Society
Co-op Insurance is the trading name of CIS General Insurance, a general insurance company, which is part of the Co-operative Group, based in Manchester, United Kingdom. Co-op Insurance Services, an insurance intermediary incorporated in 2017, is a wholly owned subsidiary of CIS General Insurance. For most of its history, Co-op Insurance was also a life insurer and fund manager, sharing surpluses with holders of its 'with-profits' life policies, as well as with individual members of The Co-operative Group in proportion to their general insurance patronage. In 2013, Royal London Group agreed to buy the life insurance business unit for an estimated £219 million. As a result, Co-op Insurance currently offers business, home, motor, travel and pet insurance products. History The Co-operative Insurance Company Limited was formed in 1867 to provide fire and fidelity guarantee insurance to co-operative societies. In 1886, at an Annual General Meeting it was resolved "...that Life Assur ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Warner Brothers V
Warner can refer to: People * Warner (writer) * Warner (given name) * Warner (surname) Fictional characters * Yakko, Wakko, and Dot Warner, stars of the animated television series ''Animaniacs'' * Aaron Warner, a character in '' Shatter Me series'' Education * Warner Pacific University, Portland, Oregon * Warner University, Lake Wales, Florida Places * Warner (crater), a lunar impact crater in the southern part of the Mare Smythii * Warner Theatre (other), several theatres ;Australia * Warner, Queensland ;In Canada * County of Warner No. 5, a municipal district in Alberta * Warner, Alberta, a village * Warner elevator row, Warner, Alberta ;In the United States * Warner, New Hampshire, a New England town ** Warner (CDP), New Hampshire, the main village in the town * Warner, Ohio, an unincorporated community * Warner, Oklahoma * Warner, South Dakota Organisations * Warner Aerocraft, an American aircraft manufacturer based in Seminole, Florida * Warner Ai ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sky Petroleum V VIP Petroleum
''Sky Petroleum v VIP Petroleum'' 974 Year 974 ( CMLXXIV) was a common year starting on Thursday (link will display the full calendar) of the Julian calendar. Events By place Europe * Battle of Danevirke: Emperor Otto II defeats the rebel forces of King Harald I, who ha ...1 WLR 576 is an English contract law case, concerning the possibility of claiming specific performance of a promise after breach of contract. Facts VIP Petroleum had agreed to sell Sky Petroleum all their petrol and diesel needs at fixed prices and in a minimum annual quantity. With the 1973 oil crisis leading to severe shortages, Sky had no prospect of finding an alternative supply. But VIP terminated the contract on the ground Sky had exceeded the credit provisions in the contract. Sky sought an injunction for VIP to sell the petrol, rather than just pay damages, so that it could stay in business. Judgment Goulding J held that while the general rule is that courts grant only damages for b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Restatement (Second) Of Contracts
The Restatement (Second) of the Law of Contracts is a legal treatise from the second series of the Restatements of the Law, and seeks to inform judges and lawyers about general principles of contract common law. It is one of the best-recognized and frequently cited legal treatisesAcceptable citation format under the Bluebook: "Restatement (Second) of Contracts § ___ (1981)." The Bluebook: A Uniform System of Citation § 12.8.5 (Columbia Law Review Ass'n et al. eds., 17th ed. 2000) in all of American jurisprudence. Every first-year law student in the United States is exposed to it, and it is a frequently cited non-binding authority in all of U.S. common law in the areas of contracts and commercial transactions. It is a work without peer in terms of overall influence and recognition among the bar and bench, with the possible exception of the Restatement of Torts. The American Law Institute began work on the second edition in 1962 and completed it in 1979; the version in use at present ... [...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] |
1997 In United Kingdom Case Law
File:1997 Events Collage.png, From left, clockwise: The movie set of ''Titanic'', the highest-grossing movie in history at the time; ''Harry Potter and the Philosopher's Stone'', is published; Comet Hale-Bopp passes by Earth and becomes one of the most observed comets of the 20th century; Golden Bauhinia Square, where sovereignty of Hong Kong is handed over from the United Kingdom to the People's Republic of China; the 1997 Central European flood kills 114 people in the Czech Republic, Poland, and Germany; Korean Air Flight 801 crashes during heavy rain on Guam, killing 229; Mars Pathfinder and Sojourner land on Mars; flowers left outside Kensington Palace following the death of Diana, Princess of Wales, in a car crash in Paris., 300x300px, thumb rect 0 0 200 200 Titanic (1997 film) rect 200 0 400 200 Harry Potter rect 400 0 600 200 Comet Hale-Bopp rect 0 200 300 400 Death of Diana, Princess of Wales rect 300 200 600 400 Handover of Hong Kong rect 0 400 200 600 Mars Pathfind ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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