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Davis Contractors Ltd V Fareham UDC
''Davis Contractors Ltd v Fareham Urban District Council'' frustration of an agreement. Facts Davis Contractors agreed with Fareham UDC to build 78 houses over eight months for £92,425. It ended up taking 22 months because Davis was short of labour and materials and cost £115,223. Davis submitted the contract was frustrated and void and therefore they were entitled to quantum meruit for the value of work done. Judgment The House of Lords held that although the performance of the contract had become more onerous, it was not frustrated. Lord Reid argued that saying frustration was an implied term was fanciful because people do not write about unforeseeable events. Instead, he wrote the following: Lord Radcliffe concurred with the result:956AC 696, 728-9 Another argument that failed was that an express term was incorporated that the agreed price was binding only if there were in fact adequate supplies of labour and materials. Australian law Lord Radcliffe's test was ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
House Of Lords
The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. The House of Lords scrutinises Bill (law), bills that have been approved by the House of Commons. It regularly reviews and amends bills from the Commons. While it is unable to prevent bills passing into law, except in certain limited circumstances, it can delay bills and force the Commons to reconsider their decisions. In this capacity, the House of Lords acts as a check on the more powerful House of Commons that is independent of the electoral process. While members of the Lords may also take on roles as government ministers, high-ranking officials such as cabinet ministers are usually drawn from the Commons. The House of Lo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Value Of Work Done
{{Multiple issues, {{One source, date=January 2014 {{Technical, date=January 2014 The value of work done (VOWD) is a project management technique for measuring and estimating the project cost at a point in time. It is mainly used in project environments of the Petroleum industry and is defined as the value of goods and services progressed, regardless of whether or not they have been paid for or received. The primary purpose of determining VOWD is to get an accurate and comprehensive as possible estimate of cost for a project at a point in time. This is used in overall project management including reporting and cost control. Introduction Unlike the earned value, which measures the value of goods and services received as a percentage of the planned value, the VOWD is not measured against the plan, but against the committed cost. Committed costs can be derived from purchase orders, contracts, approved changes, change orders and other forms of commitments. From an earned value mana ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1956 In Case Law
Events January * January 1 – The Anglo-Egyptian Condominium ends in Sudan. * January 8 – Operation Auca: Five U.S. evangelical Christian missionaries, Nate Saint, Roger Youderian, Ed McCully, Jim Elliot and Pete Fleming, are killed for trespassing by the Huaorani people of Ecuador, shortly after making contact with them. * January 16 – Egyptian leader Gamal Abdel Nasser vows to reconquer Palestine. * January 25– 26 – Finnish troops reoccupy Porkkala, after Soviet troops vacate its military base. Civilians can return February 4. * January 26 – The 1956 Winter Olympics open in Cortina d'Ampezzo, Italy. February * February 11 – British spies Guy Burgess and Donald Maclean resurface in the Soviet Union, after being missing for 5 years. * February 14– 25 – The 20th Congress of the Communist Party of the Soviet Union is held in Moscow. * February 16 – The 1956 World Figure Skating Championships open in Garmisch, West Germany. * February 22 – Elvi ... [...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] |
High Court Of Australia
The High Court of Australia is Australia's apex court. It exercises Original jurisdiction, original and appellate jurisdiction on matters specified within Constitution of Australia, Australia's Constitution. The High Court was established following passage of the ''Judiciary Act 1903''. It derives its authority from Chapter III of the Australian Constitution, which vests it responsibility for the judiciary, judicial power of the Commonwealth. Important legal instruments pertaining to the High Court include the ''Judiciary Act 1903'' and the ''High Court of Australia Act 1979''.. Its bench is composed of seven justices, including a Chief Justice of Australia, Chief Justice, currently Susan Kiefel. Justices of the High Court are appointed by the Governor-General of Australia, Governor-General on the Advice (constitutional law), advice of the Prime Minister of Australia, Prime Minister and are appointed permanently until their mandatory retirement at age 70, unless they retire ea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commonwealth Law Reports
The Commonwealth Law Reports (CLR) () are the authorised reports of decisions of the High Court of Australia. The Commonwealth Law Reports are published by the Lawbook Company, a division of Thomson Reuters. James Merralls AM QC was the editor of the Reports from 1969 until his death in 2016. The current editors are Christopher Horan KC and Paul Vout KC. Each reported judgment includes a headnote written by an expert reporter (by convention, a practising barrister) which, as an authorised report, has been approved by the High Court. The current reporters are as follows: * Roshan Chaile * Ella Delany * Bora Kaplan * Rudi Kruse * James McComish * William Newland * Alistair Pound SC * Daniel Reynolds * Alexander Solomon-Bridge * Julia Wang * Michael Wells * Jillian Williams * Radhika Withana The headnotes include a summary of counsel's legal arguments. The Reports also include tables of cases reported, affirmed, reversed, overruled, applied or judicially commented on and cited ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Codelfa Construction Pty Ltd V State Rail Authority Of NSW
''Codelfa Construction Pty Ltd v State Rail Authority of New South Wales'',. ("''Codelfa''") is a widely cited Australian contract law case, which serves as authority for the modern approach to contractual construction. (2012) 29 ''Journal of Contract Law'' 26 The case greatly influenced the development of the Eastern Suburbs railway line. In terms of contract law, the case addresses questions of frustration, construction and the parol evidence rule. The case diverged from the well established English approach regarding the use of extrinsic evidence in contractual interpretation.. (2012) 29 ''Journal of Contract Law'' 183. Background The State Rail Authority engaged Codelfa Construction under a contract for services to excavate tunnels in the Eastern Suburbs allowing for the development of the Eastern Suburbs railway line. The works were to include "the excavation of two single track tunnels commencing at Edgecliff and running through Woollahra to Bondi Junction, an open cu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Non Haec In Foedera Veni
Non, non or NON can refer to: * ''Non'', a negatory word in French, Italian and Latin People *Non (given name) *Non Boonjumnong (born 1982), Thai amateur boxer * Rena Nōnen (born 1993), Japanese actress who uses the stage name "Non" since July 2016 * NON, a name used by musician Boyd Rice Other uses * ''Non'' (album), The Amenta * ''Non!'' (EP), Big Country * ''Non'' (book), a 2009 book by Japanese model Nozomi Sasaki * Non (comics), a villain of Superman in the DC Comics universe * non, language code for Old Norse * NON Records, an independent record label based in Amsterdam, Netherlands * Abbreviation of NATO's Allied Forces North Norway Command * "Non", a song by Phinehas from the album '' Till the End'' See also * nan (other) Nan or NAN may refer to: Places China * Nan County, Yiyang, Hunan, China * Nan Commandery, historical commandery in Hubei, China Thailand * Nan Province ** Nan, Thailand, the administrative capital of Nan Province * Nan River People G ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Officious Bystander
The officious bystander is a metaphorical figure of English law and legal fiction, developed by MacKinnon LJ in ''Southern Foundries (1926) Ltd v Shirlaw'' to assist in determining when a term should be implied into an agreement. While the officious bystander test is not the overriding formulation in English law today, it provides a useful guide. The suggested approach is to imagine a nosey, officious bystander walking past two contracting parties and asking them whether they would want to put some express term into the agreement. If the parties would instantly retort that such a term is "of course" already mutually part of the agreement then it is apt for implication. Overview In ''Southern Foundries (1926) Ltd v Shirlaw'' 9392 KB 206 MacKinnon LJ wrote, The test is outdated to the extent that it suggested implication was a process dependent on what contracting parties would have subjectively intended. The main problem is that people would often disagree, or one side's barga ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Quantum Meruit
''Quantum meruit'' is a Latin phrase meaning "what one has earned". In the context of contract law, it means something along the lines of "reasonable value of services". In the United States, the elements of ''quantum meruit'' are determined by state common law. For example, to state a claim for unjust enrichment in New York, a plaintiff must allege that (1) defendant was enriched; (2) the enrichment was at plaintiff's expense; and (3) the circumstances were such that equity and good conscience require defendants to make restitution. Situations ''Quantum meruit'' is the measure of damages where an express contract is mutually modified by the implied agreement of the parties, or not completed. While there is often confusion between the concept of ''quantum meruit'' and that of "unjust enrichment" of one party at the expense of another, the two concepts are distinct. The concept of ''quantum meruit'' applies in (but is not limited to) the following set of situations: #When a pers ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Viscount Simonds
A viscount ( , for male) or viscountess (, for female) is a title used in certain European countries for a noble of varying status. In many countries a viscount, and its historical equivalents, was a non-hereditary, administrative or judicial position, and did not develop into a hereditary title until much later. In the case of French viscounts, it is customary to leave the title untranslated as vicomte . Etymology The word ''viscount'' comes from Old French (Modern French: ), itself from Medieval Latin , accusative of , from Late Latin "deputy" + Latin (originally "companion"; later Roman imperial courtier or trusted appointee, ultimately count). History During the Carolingian Empire, the kings appointed counts to administer provinces and other smaller regions, as governors and military commanders. Viscounts were appointed to assist the counts in their running of the province, and often took on judicial responsibility. The kings strictly prevented the offices of their ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fareham
Fareham ( ) is a market town at the north-west tip of Portsmouth Harbour, between the cities of Portsmouth and Southampton in south east Hampshire, England. It gives its name to the Borough of Fareham. It was historically an important manufacturer of bricks, used to build the Royal Albert Hall, and grower of strawberries and other seasonal fruits. Current employers include Fareham Shopping Centre, small-scale manufacturers, and the Defence Science and Technology Laboratory. History Archaeological excavations around the old High Street area and the church of St Peter & Paul on high ground over the Wallington Estuary have yielded evidence of settlement on the site contemporary with the Roman occupation. No extensive programme of investigation has been possible owing to the historic nature of the buildings in this area. The town has a documented history dating back to the Norman era, when a part of William's army marched up from Fareham Creek before continuing to the Saxon c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
