|
Esso Petroleum Co Ltd V Mardon
''Esso Petroleum Co Ltd v Mardon'' 976EWCA Civ 4is an English contract law case, concerning Misrepresentation in English law">misrepresentation. It holds that the divide between a statement of opinion and fact becomes more factual if one holds himself out as having expert knowledge. Facts Mr Mardon was buying a petrol station franchised by Esso Petroleum Co Ltd. Esso told him they had estimated that the throughput of a petrol station in Eastbank Street, Southport, would be 200,000 gallons a year; however, the local council had made a decision regarding planning permission which meant that there would be no direct access from the main street and therefore fewer customers. The estimate provided by Esso did not take this into account despite their knowledge of the decision. Mr Mardon bought the petrol station and business did not go well. From 1964, Mr Mardon negotiated a lower rent with Esso but was still losing money. Esso then brought an action for possession against Mr Mardon, w ... [...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] |
Clark V Kirby-Smith
Clark is an English language surname, ultimately derived from the Latin with historical links to England, Scotland, and Ireland ''clericus'' meaning "scribe", "secretary" or a scholar within a religious order, referring to someone who was educated. ''Clark'' evolved from "clerk". First records of the name are found in 12th-century England. The name has many variants. ''Clark'' is the twenty-seventh most common surname in the United Kingdom, including placing fourteenth in Scotland. Clark is also an occasional given name, as in the case of Clark Gable. According to the 1990 United States Census, ''Clark'' was the twenty-first most frequently encountered surname, accounting for 0.23% of the population.United States Census Bureau (9 May 1995). s:1990 Census Name Files/dist.all.last (1-100). Retrieved on 2021-07-27. Notable people with the surname include: Disambiguation pages *Anne Clark (other), multiple people *Brian Clark (other), multiple people * Cameron Cla ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal (England And Wales) Cases
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 ordinar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1976 In United Kingdom Case Law
Events January * January 3 – The International Covenant on Economic, Social and Cultural Rights enters into force. * January 5 – The Pol Pot regime proclaims a new constitution for Democratic Kampuchea. * January 11 – The 1976 Philadelphia Flyers–Red Army game results in a 4–1 victory for the National Hockey League's Philadelphia Flyers over HC CSKA Moscow of the Soviet Union. * January 16 – The trial against jailed members of the Red Army Faction (the West German extreme-left militant Baader–Meinhof Group) begins in Stuttgart. * January 18 ** Full diplomatic relations are established between Bangladesh and Pakistan 5 years after the Bangladesh Liberation War. ** The Scottish Labour Party (1976), Scottish Labour Party is formed as a breakaway from the UK-wide party. ** Super Bowl X in American football: The Pittsburgh Steelers defeat the Dallas Cowboys, 21–17, in Miami. * January 21 – First commercial Concorde flight, from London to Bahrain. * January 27 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Denning Cases
A list of cases involving Lord Denning is bound to be incomplete, since he delivered around 2000 reported judgments. Lord Denning served as a judge for nearly 40 years, from 1944 to 1982. He often played a decisive role in developing the law and was influential around the Commonwealth and common law world. Counsel *''L'Estrange v F Graucob Ltd'' 9342 KB 394 High Court *'' Fletcher v Fletcher'' 9451 All ER 582, 61 TLR 354, Denning approves the divorce of a husband who deserted wife by withdrawing sexual intercourse and joining a religious community. *''Central London Property Trust Ltd v High Trees House Ltd'' 947KB 130, Denning resurrects the lost doctrine of promissory estoppel. Court of Appeal *'' Hain Steampship Co Ltd v Minister of Food'' 9491 All ER 444 (C.A.) *''Olley v Marlborough Court Hotel'' 9491 KB 532, on exclusion clauses in contract law. *'' Metropolitan Borough and the Town Clerk of Lewisham v Roberts'' 9492 K.B. 608 (C.A.) — Dissenting, an executive body sh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Misrepresentation 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 * Engli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cassidy V Ministry Of Health
''Cassidy v Ministry of Health'' 9512 KB 343 is an English tort law and UK labour law case concerning the scope of vicarious liability. Facts Mr Cassidy went to hospital for a routine operation on his hand, but came away with stiff fingers because of the negligence of one of the doctors. He attempted to sue the Ministry of Health in its capacity as employer. The Ministry argued it could not be held responsible and had no vicarious liability, relying partly on '' Collins v Hertfordshire'' where it had been suggested that a surgeon was not the 'servant' of his employer. Judgment The Court of Appeal held that the doctor was indeed a servant of the hospital and the Ministry was vicariously liable, because the doctor was integrated into the health organisation. Denning LJ said, He also noted,9512 KB 343, 362 that where a patient selects the doctor, then the doctor will not be employed by a hospital. See also *Contract of employment in English law *EU labour law *US labor law *Ger ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lister V Romford Ice And Cold Storage Co Ltd
is an important English tort law, contract law and labour law, which concerns vicarious liability and an ostensible duty of an employee to compensate the employer for torts he commits in the course of employment. Facts Martin Lister and his father Martin Lister were working for the Cold Storage company, driving a waste disposal lorry. They went to a slaughterhouse on Old Church Road, Romford. When they were entering through the gates to the yard, the father got out ahead and the son, driving, backed over him. McNair J awarded the father two thirds of the compensation to reflect the father’s contributory negligence. The insurers, who paid £1600 and costs, sued the son in the name of the company (which was not consulted) by right of subrogation to indemnify them for this sum. Judgment Court of Appeal The majority of the Court of Appeal ( 9562 QB 180), Birkett LJ and Romer LJ, held that the insurance company could seek contribution from the son, because the son had a contract ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Groom V Crocker
A bridegroom (often shortened to groom) is a man who is about to be married or who is newlywed. When marrying, the bridegroom's future spouse (if female) is usually referred to as the bride. A bridegroom is typically attended by a best man and Groomsman, groomsmen. Etymology The first mention of the term ''bridegroom'' dates to 1604, from the Old English ''brȳdguma'', a compound of ''brȳd'' (bride) and ''guma'' (man, human being, hero). It is related to the Old Saxon ''brūdigomo'', the Old High German ''brūtigomo'', the German language, German ''Bräutigam'', and the Old Norse ''brúðgumi''. Attire The style of the bridegroom's clothing can be influenced by many factors, including the time of day, the location of the ceremony, the ethnic backgrounds of the bride and bridegroom, the type of ceremony, and whether the bridegroom is a member of the Armed Forces. National or ethnic traditions * In the United States, the bridegroom usually wears a dark-colored suit for a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bisset V Wilkinson
''Bisset v Wilkinson'' 927AC 177 is a leading contract law case from New Zealand on the issue of misrepresentation. The case establishes that a mere misstatement of opinion given fairly cannot amount to a misrepresentation. The case was heard in London by the Privy Council, which was then the final appeal court for New Zealand. As such, the decision, although "very strongly persuasive" on English contract law, is not conclusively binding. Nevertheless, the case has been cited and applied in England and Wales several times. Facts In New Zealand in May 1919 Mr Bisset entered into a binding contract to sell to Mr Wilkinson two contiguous blocks of farmland for £13,260. These blocks comprised respectively. During negotiations Bisset told Wilkinson that "with a good six horse team, his idea was that the farm would carry 2,000 sheep". After 2 years of unsuccessful farming, Wilkison concluded that the land could not support 2,000 sheep, and he brought an action for misrepresenta ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roger Ormrod
Sir Roger Fray Greenwood Ormrod, PC (20 October 1911 – 6 January 1992) was a British Lord Justice of Appeal. Biography Ormrod was educated at Shrewsbury School and the Queen's College, Oxford. Although he had studied law at university, his father insisted that he train as a doctor. After serving in the Royal Army Medical Corps during the Second World War, he returned to legal practice, specializing in divorce cases and becoming Queen's Counsel in 1958. In 1961 he was appointed a judge of the Probate, Divorce and Admiralty Division, and in 1974 a Lord Justice of Appeal. He was a significant figure in the development of the jurisprudence of no-fault divorce in the English courts. His best known finding came in the divorce case of ''Corbett v Corbett'' (1971), in which the wife was a male-to-female transsexual. Ormrod held that, for the purpose of marriage, sex was to be legally defined by three factors that he called 'biological' – namely chromosomal, gonadal and geni ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hedley Byrne
''Hedley Byrne & Co Ltd v Heller & Partners Ltd'' 964AC 465 is an English tort law case on economic loss in English tort law resulting from a negligent misstatement. Prior to the decision, the notion that a party may owe another a duty of care for statements made in reliance had been rejected, with the only remedy for such losses being in contract law. The House of Lords overruled the previous position, in recognising liability for pure economic loss not arising from a contractual relationship, applying to commercial negligence the principle of "assumption of responsibility". Facts Hedley Byrne were a firm of advertising agents. A customer, Easipower Ltd, put in a large order. Hedley Byrne wanted to check their financial position, and creditworthiness, and so asked their bank, to get a report from Easipower’s bank, Heller & Partners Ltd., who replied in a letter that was headed, "without responsibility on the part of this bank" ...Easipower is, "considered good for its o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
.jpg "Click for more on -> Court Of Appeal (England And Wales) Cases")
