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Esso Petroleum Co Ltd V Harper’s Garage (Stourport) Ltd
''Esso Petroleum Co Ltd v Harper's Garage (Stourport) Ltd'' 967UKHL 1is an English contract law case, concerning the restraint of trade through a tying arrangement. Facts Harper's Garage agreed to accept all petrol for its two stations from Esso for a long period of time, a solus agreement. It agreed to keep the garage open at all reasonable hours and not to sell it without ensuring that the buyer entered a similar agreement. One agreement was for 5 years, the other for 21 years. Judgment The House of Lords held that the 5-year agreement was valid and the 21-year agreement was invalid. Lord Reid said he ‘would not attempt to define the dividing line between contracts which are and contracts which are not in restraint of trade’. It was preferable ‘to ascertain what were the legitimate interests of the upplierswhich they were entitled to protect and then to see whether these restraints were more than adequate for that purpose.’ Significance In ''Peninsula Securities Lt ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
James Reid, Baron Reid
James Scott Cumberland Reid, Baron Reid, (30 July 1890 – 29 March 1975) was a Scottish Unionist politician and judge. His reputation is as one of the most outstanding judges of the 20th century. Life He was born on 30 July 1890 in Drem, East Lothian the son of James Reid a Solicitor of the Supreme Courts (SSC) and his wife, Kate Scott. Educated at Edinburgh Academy, he then studied law at Jesus College, Cambridge, graduating BA in 1910 and LLB in 1911. He was admitted as an advocate in 1914. He was commissioned into the 8th battalion Royal Scots in World War I and was seconded to the Machine Gun Corps in 1916, serving in Mesopotamia and reaching the rank of Major. He resigned his commission in 1921. He was appointed a King's Counsel in 1932. He was Member of Parliament (MP) for Stirling and Falkirk from October 1931 until his defeat in November 1935, and for Glasgow Hillhead from June 1937 until September 1948. He served as Solicitor General for Scotland from J ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Morris Of Borth-y-Gest
John William Morris, Baron Morris of Borth-y-Gest, (11 September 1896 – 9 June 1979) was a judge in England and Wales. He was a Law Lord from 1960 to 1975. Early life Morris was born in Liverpool, where his father was a bank manager. He was educated at the Liverpool Institute, but left school on the outbreak of the First World War in 1914 to join the Royal Welsh Fusiliers. He was granted a commission as a temporary second lieutenant (on probation) on 8 January 1916. He served in the British Army until 1918, reaching the rank of captain, and was awarded a Military Cross in January 1919. After he was demobilised, he studied law at Trinity Hall, Cambridge, where he was President of the Cambridge Union Society in 1919. He graduated with an LLB in 1920, and won a Joseph Hodges Choate fellowship to study for one year at Harvard. Legal career Morris was called to the Bar at Inner Temple in 1921, and joined the Northern Circuit, where he became successful due to his skilf ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Hodson
Francis Lord Charlton Hodson, Baron Hodson, (17 September 1895 – 11 March 1984), also known as Charles Hodson, was a British judge who served as Lord of Appeal in Ordinary from 1960 to 1971. Biography Charles, as he was always known, was the son of Rev. Thomas Hodson, rector of Oddington, Gloucestershire, and Catherine Anne (''née'' Maskew), he was born in Cheltenham, Gloucestershire, and educated at Cheltenham College and Wadham College, Oxford. His university studies were interrupted by the First World War, during which he served with the 7th Battalion, Gloucestershire Regiment in Gallipoli and Mesopotamia, being wounded several times. He received the Military Cross for his action during the Siege of Kut with the following citation: For conspicuous gallantry and devotion to duty. He led his company most gallantly against a strong enemy redoubt, being twice wounded, and refused to be brought in till the wounded round him had been evacuated. After the war, Hodson fini ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Pearce
Edward Holroyd Pearce, Baron Pearce, (9 February 1901 – 26 November 1990) was a British barrister and judge. He served as a Lord of Appeal in Ordinary from 1962 until 1969. In 1971–72, he chaired the Pearce Commission, which was charged with testing the acceptability of a proposed constitutional settlement in Rhodesia. Early life and career Edward Holroyd Pearce was born in Sidcup in Kent, the eldest child (he was followed by three sisters) of John William Ernest Pearce, headmaster of a preparatory school, and Irene Pearce, ''née'' Chaplin, daughter of daughter of Holroyd Chaplin. He was educated at Charterhouse School and Corpus Christi College, Oxford, of which he was a scholar and where he took a First in Honour Moderations in 1921 and a Third in '' literae humaniores'' in 1923. He was elected an honorary fellow of Corpus Christi in 1950. Called to the bar by Lincoln's Inn and the Middle Temple in 1925, he practiced in the King's Bench and Probate, Divo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Wilberforce
Richard Orme Wilberforce, Baron Wilberforce, (11 March 1907 – 15 February 2003) was a British judge. He was a Lord of Appeal in Ordinary from 1964 to 1982. Early life and career Born in Jalandhar, India, Richard Wilberforce was the son of Samuel Wilberforce, ICS, later a judge of the Lahore High Court, and of Katherine Wilberforce, the daughter of John Sheepshanks, Bishop of Norwich. His grandfather was Reginald Wilberforce, who helped restore British order in Delhi, after the Indian Rebellion of 1857. His great-grandfather was Samuel Wilberforce, Bishop of Winchester, and his great-great-grandfather was the abolitionist William Wilberforce, a connection which had much influence upon him. Wilberforce spent the first seven years of his life in India, before being sent to England in 1914 on the outbreak of the First World War. He attended five preparatory schools, the last being Sandroyd School. From Sandroyd he went to Winchester College in 1920 where Monty Rendall, the he ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Restraint Of Trade
Restraints of trade is a common law doctrine relating to the enforceability of contractual restrictions on freedom to conduct business. It is a precursor of modern competition law. In an old leading case of '' Mitchel v Reynolds'' (1711) Lord Smith LC said,'' Mitchel v Reynolds'' (1711) 1 P Wms 181 it is the privilege of a trader in a free country, in all matters not contrary to law, to regulate his own mode of carrying it on according to his own discretion and choice. If the law has regulated or restrained his mode of doing this, the law must be obeyed. But no power short of the general law ought to restrain his free discretion. A contractual undertaking not to trade is void and unenforceable against the promisor as contrary to the public policy of promoting trade, unless the restraint of trade is reasonable to protect the interest of the purchaser of a business.'' Nordenfelt v Maxim, Nordenfelt Guns and Ammunition Co'' 894AC 535 Restraints of trade can also appear in post-te ... [...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] |
Esso
Esso () is a trading name for ExxonMobil. Originally, the name was primarily used by its predecessor Standard Oil of New Jersey after the breakup of the original Standard Oil company in 1911. The company adopted the name "Esso" (the phonetic pronunciation of Standard Oil's initials, 'S' and 'O'),Don't ignore history by Robert Sobel on Barro's, 7 Dec 1998 to which the other Standard Oil companies would later object. Standard Oil of New Jersey started marketing its products under the Esso brand in 1926. In 1972, the name Esso was largely replaced in the U.S. by the Exxon brand after the Standard Oil of New Jersey bought , while the Esso name remained widely used elsewhere. In most of the wo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Solus Agreement
An illegal agreement under the common law of contract, is one that the court will not enforce because the purpose of the agreement is to achieve an illegal end. The illegal end must result from performance of the contract itself. The classic example of such an agreement is a contract for murder. The illegality of a contract depends on (1) the law of the country governing the contract, and (2) the law of the place of performance. Different rules will apply depending on the law of the relevant country(ies). However, a contract that requires only legal performance on the part of each party, such as the sale of packs of cards to a known gambler, where gambling is illegal, will nonetheless be enforceable. A contract directly linked to the gambling act itself, such as paying off gambling debts (see proximate cause), however, will not meet the legal standards of enforceability. Therefore, an employment contract between a blackjack dealer and a speakeasy manager, is an example of an i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Practice Statement
The Practice Statement 9663 All ER 77 was a statement made in the House of Lords by Lord Gardiner LC on 26 July 1966 on behalf of himself and the Lords of Appeal in Ordinary, that they would depart from precedent in the Lords in order to achieve justice. Background Until the year 1966, the House of Lords in the United Kingdom was bound to follow all of its previous decisions under the principle of '' stare decisis'', even if this created "injustice" and "unduly restrict(s) the proper development of the law" ('' London Tramways Co. v London County Council'' 898AC 375). The Practice Statement 1966 is authority for the House of Lords to depart from their previous decisions. It does not affect the precedentail value of cases in lower courts; all other courts that recognise the Supreme Court (formerly the House of Lords) as the court of last resort are still bound by Supreme Court (and House of Lords) decisions. Before this, the only way a binding precedent could be avoided was to creat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nicholas Wilson, Lord Wilson Of Culworth
Nicholas Allan Roy Wilson, Lord Wilson of Culworth, PC known as Lord Wilson (born 9 May 1945), is a retired British judge. On 26 May 2011, he became a Justice of the Supreme Court of the United Kingdom, having previously served as a Lord Justice of Appeal since 2005. Lord Wilson has specialised in family law throughout his career. In December 2016, as one of the 11 Justices of the Supreme Court, Lord Wilson heard the Government's appeal of R (Miller) v Secretary of State for Exiting the European Union (the Article 50 case) on the use of prerogative powers to start the process of leaving the European Union following the referendum on 23 June 2016. Early life Lord Wilson's father was Roderick Peter Garrett Wilson (1913–1994), a former naval officer, who taught languages at Dartmouth Naval College after resigning his commission due to ill-health. In 1942 Peter married Anne Dorothy Anne Chenevix Trench (b 30 August 1916 in India), daughter of an officer in the Royal Engineers. As ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Contract 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] |
