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Dickinson V Dodds
''Dickinson v Dodds'' (1876) 2 Ch D 463 is an English contract law case heard by the Court of Appeal, Chancery Division, which held that notification by a third party of an offer's withdrawal is effective just like a withdrawal by the person who made an offer. The significance of this case to many students of contract law is that a promise to keep an offer open (an option) is itself a contract which must have some consideration. Facts On Wednesday 10 June 1874, Mr Dodds delivered Mr Dickinson an offer to sell some houses for £800, an offer open until 9am on Friday 12 June. On Thursday afternoon, another man called Mr Berry told Mr Dickinson that the houses had already been sold to someone called Mr Allan (who was the second defendant). Mr Dickinson found Mr Dodds in the railway carriage at 7am on Friday, leaving Darlington railway station, and gave his acceptance there. But Mr Dodds said it was too late. Mr Dickinson sued for breach of contract. Judgment James LJ held that Mr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordinaril ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chancery Division
The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC (England and Wales High Court) for legal citation purposes. The High Court deals at first instance with all high value and high importance civil law (non-criminal) cases; it also has a supervisory jurisdiction over all subordinate courts and tribunals, with a few statutory exceptions, though there are debates as to whether these exceptions are effective. The High Court consists of three divisions: the King's Bench Division, the Chancery Division and the Family Division. Their jurisdictions overlap in some cases, and cases started in one division may be transferred by court order to another where appropriate. The differences of procedure and practice between divisions are partly historical, derived from the separate courts which were merged into t ... [...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] |
Case Law
Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law", or precedent. ''Stare decisis''—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory law, which are established by executive agencies based on statutes. In some jurisdictions, case law can be applied to ongoing adjudication; for example, criminal proceedings or family law. In common law countries (including the United Kingdom, United States, Canada, Australia and Ne ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Darlington Railway Station
Darlington railway station is on the East Coast Main Line in the United Kingdom, serving the town of Darlington, County Durham. It is north of and on the main line it is situated between to the south and to the north. Its three-letter station code is DAR. The station is well served, since it is an important stop for main line services, with trains being operated by London North Eastern Railway, CrossCountry and TransPennine Express, and it is the interchange for Northern services to Bishop Auckland, and Saltburn. Darlington is the location of the first commercial steam railway: the Stockton and Darlington Railway. The station building is a Grade II* listed Victorian structure and winner of the "Large Station of the Year" award in 2005. History The first railway to pass through the area now occupied by the station was built by the Stockton and Darlington Railway, who opened their mineral branch from ''Albert Hill Junction'' on their main line to Croft-on-Tees on 2 ... [...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] |
William Milbourne James (judge)
Sir William Milbourne James, (29 June 1807 – 7 June 1881) was a Welsh barrister and judge. A Chancery specialist, he was appointed to the Court of Chancery of England in 1869. The next year, he was appointed Lord Justice of Appeal in Chancery (Lord Justice of Appeal from 1877), serving until his death in 1881. Early life and family James was born in Merthyr Tydfil, Wales, in 1807 to Christopher James, a prosperous provision merchant, and his wife, Ann.Lloyd (1958), pg 428. He was baptised Presbyterian. His cousin was Charles Herbert James, who later became Member of Parliament for Merthyr Tydfil.Lloyd (1958), pg 420. He was educated privately at the school run by John James of Gellionnen before entering Glasgow University. In 1836 James was included in the preparations for the record breaking balloon trip funded by Robert Hollond. He was amongst six people included in the commemorative painting which is now in the National Portrait Gallery in London. In 1846 James marrie ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
George Mellish
Sir George Mellish, PC (19 December 1814 – 15 June 1877) was an English barrister, judge of the Court of Appeal in Chancery, and member of the Judicial Committee of the Privy Council. Early life Born at East Tuddenham, Norfolk, Mellish was the second son of the Very Rev. Edward Mellish, DD, Rector of the parish, who afterwards became Dean of Hereford, by his marriage to Elizabeth Jane Leigh, the daughter of the Rev. William Leigh, an earlier Dean of Hereford. His mother was a cousin of George Canning, who stood as godfather to Mellish.''The Annual Register of World Events: A Review of the Year 1877'', Volume 119, Part II (London: Rivingtons, 1878), p. 150 His paternal grandfather was William Mellish, of Blyth Hall and Hodsock Priory, Nottinghamshire. [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Richard Baggallay
Sir Richard Baggallay Privy Council of the United Kingdom, PC (1816 – 1888) was a British barrister, politician, and judge. After serving as Attorney General for England and Wales, Attorney-General under Benjamin Disraeli from 1874 to 1875, Baggallay was appointed a Lord Justice of Appeal in Chancery (Lord Justice of Appeal from 1877), serving until his death in 1883. Background and education Baggallay was one of the sons of Richard Baggallay, of Stockwell, a member of the Worshipful Company of Merchant Taylors, Merchant Taylors' Company and a significant warehouseman of the City of London (d.1870, will sworn at under £30,000). He attended Gonville and Caius College, Cambridge where he graduated with a BA in 1839 followed by an MA in 1842. He was Call to the Bar, called to the Bar, Lincoln's Inn, in 1843. Political and legal career Bagallay sat as a Conservative Party (UK), Conservative Party Member of Parliament (United Kingdom), Member of Parliament (MP) for Hereford (UK ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of the mind ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Offer And Acceptance
Offer and acceptance are generally recognised as essential requirements for the formation of a contract, and analysis of their operation is a traditional approach in contract law. The offer and acceptance formula, developed in the 19th century, identifies a moment of formation when the parties are of one mind. This classical approach to contract formation has been modified by developments in the law of estoppel, misleading conduct, misrepresentation, unjust enrichment, and power of acceptance. Offer Treitel defines an offer as "an expression of willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed", the "offeree". An offer is a statement of the terms on which the offeror is willing to be bound. It is the present contractual intent to be bound by a contract with definite and certain terms communicated to the offeree. The expression of an offer may take different forms and w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Invitation To Treat
An invitation to treat (or invitation to bargain in the United States) is a concept within contract law which comes from the Latin phrase ''invitatio ad offerendum'', meaning "inviting an offer". According to Professor Andrew Burrows, an invitation to treat is Sometimes a person may not offer to sell their goods, but makes some statement or gives some information with a view to inviting others to make offers on the basis. Likewise, inviting persons to an auction, where goods to be auctioned are displayed, is not an offer for the sale of goods. The offer is made by the intending buyers in the form of bid. Such an offer (bid), when accepted by the fall of hammer or in some other customary way, will result in a Contract. A contract is a legally binding voluntary agreement formed when one person makes an offer, and the other accepts it. There may be some preliminary discussion before an offer is formally made. Such pre-contractual representations are known variously as "invitation ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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