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Creating Legal Relations In English Law
Intention to create legal relations, otherwise an "intention to be legally bound", is a doctrine used in contract law, particularly English contract law and related common law jurisdictions. The doctrine establishes whether a court should presume that parties to an agreement wish it to be enforceable at law, and it states that an agreement is legally enforceable only if the parties are deemed to have intended it to be a binding contract. Identifying intention to create legal relations A contract is a legally binding agreement. Once an offer has been accepted, there is an agreement, but not necessarily a contract. The element that converts any agreement into a true contract is "intention to create legal relations". There must be evidence that the parties intended the agreement to be subject to the law of contract. If evidence of intent is found, the agreement gives rise to legal obligations whereby any party in breach may be sued. In English law, there are two judicial devices to h ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract Theory
From a legal point of view, a contract is an institutional arrangement for the way in which resources flow, which defines the various relationships between the parties to a transaction or limits the rights and obligations of the parties. From an economic perspective, contract theory studies how economic actors can and do construct contractual arrangements, generally in the presence of information asymmetry. Because of its connections with both agency and incentives, contract theory is often categorized within a field known as law and economics. One prominent application of it is the design of optimal schemes of managerial compensation. In the field of economics, the first formal treatment of this topic was given by Kenneth Arrow in the 1960s. In 2016, Oliver Hart and Bengt R. Holmström both received the Nobel Memorial Prize in Economic Sciences for their work on contract theory, covering many topics from CEO pay to privatizations. Holmström (MIT) focused more on the connectio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Merritt V Merritt
''Merritt v Merritt'' 970EWCA Civ 6is an English contract law case, on the matter of Creating legal relations in English law">creating legal relations. While under the principles laid out in Balfour v Balfour, domestic agreements between spouses are rarely legally enforceable, this principle was rebutted where two spouses who formed an agreement over their matrimonial home were not on good terms. Facts Mr Merritt and his wife jointly owned a house. Mr Merritt left to live with another woman. They made an agreement (signed) that Mr Merritt would pay Mrs Merritt a £40 monthly sum, and eventually transfer the house to her, if Mrs Merritt kept up the monthly mortgage payments. When the mortgage was paid Mr Merritt refused to transfer the house. Judgment The Court of Appeal held that nature of the dealings, and the fact that the Merritts were separated when they signed their contract, allowed the court to assume that their agreement was more than a domestic arrangement. Lord Denning ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rose & Frank Co V JR Crompton & Bros Ltd
''Rose & Frank Co v JR Crompton & Bros Ltd'' 924is a leading decision on English contract law, regarding the intention to create legal relations in commercial arrangements. In the Court of Appeal, Atkin LJ delivered an important dissenting judgment which was upheld by the House of Lords. The case also is an example of the application of the Blue Pencil Rule. Facts Rose and Frank Co was the sole US distributor of JR Crompton's carbon paper products. In 1913, the parties signed a new document which included this clause: The relationship between the two parties broke down as JR Crompton refused to supply some of the orders of the plaintiff. Rose & Frank Co sued on enforcement of the agreement. Judgment At first instance, the court held that the honourable pledge was repugnant to the intention of the rest of the document, and that furthermore the enforceability of such a clause was contrary to public policy. In his decision, Bailhache J. reasoned that the impugned clause was ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gentlemen's Agreement
A gentlemen's agreement, or gentleman's agreement, is an informal and legally non-binding agreement between two or more parties. It is typically oral, but it may be written or simply understood as part of an unspoken agreement by convention or through mutually-beneficial etiquette. The essence of a gentlemen's agreement is that it relies upon the honor of the parties for its fulfillment, rather than being in any way enforceable. It is distinct from a legal agreement or contract. History The phrase appears in the British parliamentary records in 1821 and in the Massachusetts public records in 1835. The ''Oxford English Dictionary'' cites P. G. Wodehouse's 1929 story collection ''Mr Mulliner Speaking'' as the first appearance of the term. Industry A gentleman's agreement, defined in the early 20th century as "an agreement between gentlemen looking toward the control of prices," was reported by one source to be the loosest form of a "pool." Such agreements have been reported to be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Handshake (Workshop Cologne '06)
A handshake is a globally widespread, brief greeting or parting tradition in which two people grasp one of each other's like hands, in most cases accompanied by a brief up-and-down movement of the grasped hands. Customs surrounding handshakes are specific to cultures. Different cultures may be more or less likely to shake hands, or there may be different customs about how or when to shake hands.Fist bump can pound out flu transmission __TOC__ History The handshake may have originated in prehistory as a demonstration of peaceful intent, since it shows that the hand holds no weapon. Another possibility is that it originated as a symbolic gesture of mutual commitment to an oath or promise: two hands clasping each other represents the sealing of ...[...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mechanisms Of The English Common Law
In the English system of common law, judges have devised a number of mechanisms to allow them to cope with precedent decisions. Issues of the common law According to Montesquieu, it is Parliament that has the rightful power to legislate, not the judiciary. The legal fiction is that judges do not make law, they merely "declare it". Thus, common law is declaratory, and this is often retrospective in effect. For example, see '' Shaw v DPP'' and '' R v Knuller''. In the search for justice and fairness, there is a tension between the needs for, on one hand, predictability and stability, and "up-to date law", on the other. There is a hierarchy of courts, and a hierarchy of decisions. All lower courts are bound by the judgments from higher courts; and higher courts are not bound by decisions from lower courts. With one exception, courts of record are bound by their own precedent decisions. The House of Lords used to be bound by its own decisions, but in 1966 it issued a Practice ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Functions Of The House Of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, it for many centuries had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England. Appeals were technically not to the House of Lords, but rather to the King-in-Parliament. In 1876, the Appellate Jurisdiction Act devolved the appellate functions of the House to an Appellate Committee, composed of Lords of Appeal in Ordinary (informally referred to as Law Lords). They were then appointed by the Lord Chancellor in the same manner as other judges. During the 20th and early 21st century, the judicial functions were gradually removed. Its final trial of a peer was in 1935, and in 1948, the use of special courts for such trials was abolished. The procedure of impeachment became seen as obsolete. In 2009, t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Denning
Alfred Thompson "Tom" Denning, Baron Denning (23 January 1899 – 5 March 1999) was an English lawyer and judge. He was called to the bar of England and Wales in 1923 and became a King's Counsel in 1938. Denning became a judge in 1944 when he was appointed to the Probate, Divorce and Admiralty Division of the High Court of Justice, and transferred to the King's Bench Division in 1945. He was made a Lord Justice of Appeal in 1948 after less than five years in the High Court. He became a Lord of Appeal in Ordinary in 1957 and after five years in the House of Lords returned to the Court of Appeal as Master of the Rolls in 1962, a position he held for twenty years. In retirement he wrote several books and continued to offer opinions on the state of the common law through his writing and his position in the House of Lords. Margaret Thatcher said that Denning was "probably the greatest English judge of modern times". Denning's appellate work in the Court of Appeal did not concern ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Connell V MIB
''Coward v MIB'' was a 1963 Court of Appeal decision on intention to create legal relations, and on the liability of the Motor Insurers Bureau when a passenger in a vehicle is killed or injured through the driver's negligence. The decision was disapproved and not followed in two subsequent "lift-to-work" cases, '' Connell v Motor Insurers Bureau'' (1969 CA) and '' Albert v Motor Insurers Bureau'' (1971 HL). Facts Coward was a pillion passenger who was killed in a motorcycle accident for which the rider was responsible. The negligent rider was both a colleague and a friend. The accident occurred on the way to work. As the rider's insurance policy excluded pillion passengers, Coward's widow was obliged to claim damages from the MIB. The MIB would have liability only where insurance for the pillion was compulsory; and at the time insurance was compulsory only if pillions were carried "for hire or reward". Coward had paid the friend a small weekly contribution for the daily trip, a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Coward V MIB
''Coward v MIB'' was a 1963 Court of Appeal decision on intention to create legal relations, and on the liability of the Motor Insurers Bureau when a passenger in a vehicle is killed or injured through the driver's negligence. The decision was disapproved and not followed in two subsequent "lift-to-work" cases, '' Connell v Motor Insurers Bureau'' (1969 CA) and '' Albert v Motor Insurers Bureau'' (1971 HL). Facts Coward was a pillion passenger who was killed in a motorcycle accident for which the rider was responsible. The negligent rider was both a colleague and a friend. The accident occurred on the way to work. As the rider's insurance policy excluded pillion passengers, Coward's widow was obliged to claim damages from the MIB. The MIB would have liability only where insurance for the pillion was compulsory; and at the time insurance was compulsory only if pillions were carried "for hire or reward". Coward had paid the friend a small weekly contribution for the daily trip, a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sunday Empire News
The ''Empire News'' was a Sunday newspaper in the United Kingdom. The newspaper was founded in 1884 in Manchester as ''The Umpire''. A penny newspaper, it was the first successful provincial Sunday newspaper in England. Owned by H. S. Jennings, the ''Umpire'' was subtitled "A Sporting, Athletic, Theatrical and General Newspaper", and focused on sports and theatre news.Andrew Davies and Steven Fielding, ''Workers' Worlds'', p.160 In 1894, it absorbed the former daily newspaper, the ''Manchester Examiner and Times''.Joanne Shattock, ''The Cambridge Bibliography of English Literature'', p.2908 In 1917, Edward Hulton bought the paper and renamed it the ''Empire'', and shortly after, the ''Empire News''.Gone and (largely) forgotten ", ''British Journalism Review'', Vol. 17, No. 2, 2006, pp.50–52 Along with Hulton's ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Simpkins V Pays
''Simpkins v Pays'' 9551 WLR 975 is a precedent case on intention to create legal relations in the English law of contract. Decided at Chester assizes in 1955, this case involved an informal syndicate agreement between a grandmother, grand-daughter and a lodger. The three ladies regularly entered a fashion competition in the "Sunday Empire News" where 8 types of fashion attire were ranked. For a period of 7 to 8 weeks, the plaintiff lodger, the defendant grandmother, and the grand-daughter each contributed one forecast on the coupon. The coupon in question was filled in by the lodger, but was made out in the grandmother's name. The costs of postage and the 30 shilling entry fee were informally shared, being sometimes paid by one and sometimes by another. When the question of sharing winnings first came to be considered between the lodger and grandmother, the latter said that they would "go shares". The coupon sent in for June 1954 was successful; but the grandmother refused to p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
