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Courturier V Hastie
''Couturier v Hastie'' 856UKHL J3is an English contract law case, concerning common mistake between two contracting parties about the possibility of performance of an agreement. Facts Couturier agreed with Hastie to deliver some corn. They thought it was in transit between Salonica (now Thessaloniki) and the UK. But the corn had already decayed. The shipmaster had sold it. Couturier argued that Hastie was liable for the corn because Hastie had already bought an ‘interest in the adventure’, or rights under the shipping documents. Judgment The House of Lords held that because the corn effectively did not exist at the time of the contract, there was presence consideration and the buyers were not liable to pay the price. Lord Cranworth L.C. said: "The whole question turns upon the construction of the contract... Looking to the contract... alone it appears to me clearly that what the parties contemplated... was that there was an existing something to be sold and bought."(1856) ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Baron Alderson
Sir Edward Hall Alderson (baptised 11 September 1787 – 27 January 1857) was an English lawyer and judge whose many judgments on commercial law helped to shape the emerging British capitalism of the Victorian era.Hedley (2004) He was a Baron of the Exchequer and so held the honorary title Baron Alderson, in print Alderson, B. Early life Born in Great Yarmouth, Alderson was the eldest son of Robert (died 1833), a barrister and recorder, and Elizabeth ''née'' Hurry who died in 1791. Alderson suffered an unstable childhood, variously living with relatives, unhappily attending Charterhouse School but, more positively, being tutored by Edward Maltby. He was an able student of mathematics and classics at Gonville and Caius College, Cambridge, about to take exams he heard of the sad death of his sister Isabella. A year later in 1809 he graduated as senior wrangler, First Smith's prize, was First Medallist, and Chancellor's Gold Medallist. During free time he became an ardent debat ... [...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] |
1856 In British Law
Events January–March * January 8 – Borax deposits are discovered in large quantities by John Veatch in California. * January 23 – American paddle steamer SS ''Pacific'' leaves Liverpool (England) for a transatlantic voyage on which she will be lost with all 186 on board. * January 24 – U.S. President Franklin Pierce declares the new Free-State Topeka government in "Bleeding Kansas" to be in rebellion. * January 26 – First Battle of Seattle: Marines from the suppress an indigenous uprising, in response to Governor Stevens' declaration of a "war of extermination" on Native communities. * January 29 ** The 223-mile North Carolina Railroad is completed from Goldsboro through Raleigh and Salisbury to Charlotte. ** Queen Victoria institutes the Victoria Cross as a British military decoration. * February ** The Tintic War breaks out in Utah. ** The National Dress Reform Association is founded in the United States to promote "rational" dress for w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1856 In Case Law
Events January–March * January 8 – Borax deposits are discovered in large quantities by John Veatch in California. * January 23 – American paddle steamer SS ''Pacific'' leaves Liverpool (England) for a transatlantic voyage on which she will be lost with all 186 on board. * January 24 – U.S. President Franklin Pierce declares the new Free-State Topeka government in "Bleeding Kansas" to be in rebellion. * January 26 – First Battle of Seattle: Marines from the suppress an indigenous uprising, in response to Governor Stevens' declaration of a "war of extermination" on Native communities. * January 29 ** The 223-mile North Carolina Railroad is completed from Goldsboro through Raleigh and Salisbury to Charlotte. ** Queen Victoria institutes the Victoria Cross as a British military decoration. * February ** The Tintic War breaks out in Utah. ** The National Dress Reform Association is founded in the United States to promote "rational" dress for w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
House Of Lords Cases
A house is a single-unit residential building. It may range in complexity from a rudimentary hut to a complex structure of wood, masonry, concrete or other material, outfitted with plumbing, electrical, and heating, ventilation, and air conditioning systems.Schoenauer, Norbert (2000). ''6,000 Years of Housing'' (rev. ed.) (New York: W.W. Norton & Company). Houses use a range of different roofing systems to keep precipitation such as rain from getting into the dwelling space. Houses may have doors or locks to secure the dwelling space and protect its inhabitants and contents from burglars or other trespassers. Most conventional modern houses in Western cultures will contain one or more bedrooms and bathrooms, a kitchen or cooking area, and a living room. A house may have a separate dining room, or the eating area may be integrated into another room. Some large houses in North America have a recreation room. In traditional agriculture-oriented societies, domestic animals such a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Mistake 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] |
McRae V Commonwealth Disposals Commission
''McRae v Commonwealth Disposals Commission'',. is an Australian contract law case, relevant for English contract law, concerning the common mistake about the possibility of performing an agreement. Facts The Commonwealth Disposals Commission sold McRae a shipwreck of a tanker on the "Jourmand Reef", near Samarai supposedly containing oil. The McRae brothers went to Samarai and found no tanker, and that there was no such place as the Jourmand Reef. It later became clear that the Commission officer had made a 'reckless and irresponsible' mistake in thinking that they had a tanker to sell (the Court found that they had relied on mere gossip). The McRae brothers incurred considerable expense in fitting out a salvage operation. The McRae brothers commenced an action claiming damages against the Commission. First they claimed damages for breach of contract to sell a tanker at the location specified. Second, they claimed damages for fraudulent misrepresentation that there was a tank ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sale Of Goods Act 1979
The Sale of Goods Act 1979c 54 is an Act of the Parliament of the United Kingdom which regulated English contract law and UK commercial law in respect of goods that are sold and bought. The Act consolidated the original Sale of Goods Act 1893 and subsequent legislation, which in turn had codified and consolidated the law. Since 1979, there have been numerous minor statutory amendments and additions to the 1979 Act. It was replaced for some aspects of consumer contracts from 1 October 2015 by the Consumer Rights Act 2015c 15 but remains the primary legislation underpinning business-to-business transactions involving selling or buying goods. The Act applies to contracts where property in 'goods' is transferred or agreed to be transferred for a monetary consideration, in other words: where property (ownership) in personal chattels is sold. Part I Part I (section 1) states that the Act applies to contracts of sale of goods made on or after 1 January 1894. This was the date when t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Salonica
Thessaloniki (; el, Θεσσαλονίκη, , also known as Thessalonica (), Saloniki, or Salonica (), is the second-largest city in Greece, with over one million inhabitants in its metropolitan area, and the capital of the geographic region of Macedonia, the administrative region of Central Macedonia and the Decentralized Administration of Macedonia and Thrace. It is also known in Greek as (), literally "the co-capital", a reference to its historical status as the () or "co-reigning" city of the Byzantine Empire alongside Constantinople. Thessaloniki is located on the Thermaic Gulf, at the northwest corner of the Aegean Sea. It is bounded on the west by the delta of the Axios. The municipality of Thessaloniki, the historical center, had a population of 317,778 in 2021, while the Thessaloniki metropolitan area had 1,091,424 inhabitants in 2021. It is Greece's second major economic, industrial, commercial and political centre, and a major transportation hub for Greece and sout ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Mistake
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] |
Justice Wightman
Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspectives, including the concepts of moral correctness based on ethics, rationality, law, religion, equity and fairness. The state will sometimes endeavor to increase justice by operating courts and enforcing their rulings. Early theories of justice were set out by the Ancient Greek philosophers Plato in his work The Republic, and Aristotle in his Nicomachean Ethics. Advocates of divine command theory have said that justice issues from God. In the 1600s, philosophers such as John Locke said that justice derives from natural law. Social contract theory said that justice is derived from the mutual agreement of everyone. In the 1800s, utilitarian philosophers such as John Stuart Mill said that justice is based on the best outcomes for the greatest n ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Frustration In English Law
Frustration is an English contract law doctrine that acts as a device to set aside contracts where an unforeseen event either renders contractual obligations impossible, or radically changes the party's principal purpose for entering into the contract. Historically, there had been no way of setting aside an impossible contract after formation; it was not until 1863, and the case of '' Taylor v Caldwell'', that the beginnings of the doctrine of frustration were established. Whilst the doctrine has seen expansion from its inception,Koffman, Macdonald, p. 520 it is still narrow in application;Halson, p. 419 Lord Roskill stated that "the doctrine is not lightly to be invoked to relieve contracting parties of the normal consequences of imprudent commercial bargains." Development of the doctrine Early cases such as '' Paradine v Jane'' show the historical line that the courts took toward a frustration of purpose in contract; here, the courts held that where land under lease to the def ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
