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Felthouse V Bindley
''Felthouse v Bindley'' 862EWHC CP J35 is the leading English contract law case on the rule that one cannot impose an obligation on another to reject one's offer. This is sometimes misleadingly expressed as a rule that "silence cannot amount to acceptance". Later the case has been rethought, because it appeared that on the facts, acceptance was communicated by conduct (see, ''Brogden v Metropolitan Railway''). Furthermore, in ''Rust v Abbey Life Assurance Co Ltd'' the Court of Appeal held that a failure by a proposed insured to reject a proffered insurance policy for seven months justified on its own an inference of acceptance.See also, GH Treitel, ''The Law of Contract'' (9th edn Sweet and Maxwell 1995) 30-32 Facts Paul Felthouse was a builder who lived in London. He wanted to buy a horse from his nephew, John Felthouse. After a letter from the nephew concerning a discussion about buying the horse, the uncle replied saying "If I hear no more about him, I consider the horse min ...
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Court Of Common Pleas (England)
The Court of Common Pleas, or Common Bench, was a common law court in the English legal system that covered "common pleas"; actions between subject and subject, which did not concern the king. Created in the late 12th to early 13th century after splitting from the Exchequer of Pleas, the Common Pleas served as one of the central English courts for around 600 years. Authorised by Magna Carta to sit in a fixed location, the Common Pleas sat in Westminster Hall for its entire existence, joined by the Exchequer of Pleas and Court of King's Bench. The court's jurisdiction was gradually undercut by the King's Bench and Exchequer of Pleas with legal fictions, the Bill of Middlesex and Writ of Quominus respectively. The Common Pleas maintained its exclusive jurisdiction over matters of real property until its dissolution, and due to its wide remit was considered by Sir Edward Coke to be the "lock and key of the common law". It was staffed by one Chief Justice and a varying number of ...
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Coats V
Coats may refer to: People *Coats (surname) Places * Coats, Kansas, US * Coats, North Carolina, US *Coats Island, Nunavut, Canada *Coats Land, region of Antarctica Other uses *Coat (clothing), an outer garment *Coats' disease, a human eye disorder *Coats Mission, British military mission 1941–42 *Coats Group, a multinational sewing and needlecraft supplies manufacturer *Coats Steam Car, American automobile manufactured 1922–23 *Stewart-Coats, American automobile manufactured only in 1922 *Cadet Organizations Administration and Training Service, a sub-component of the Canadian Forces Reserves See also *Coat (other) *Coates (other) *Cotes (other) Cotes may refer to: Placename * Cotes, Cumbria, a village in England * Cotes, Leicestershire, a village in England * Cotes, Staffordshire, a village in England; see List of United Kingdom locations: Cos-Cou * Cotes, Valencia, a municipality in S ...
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English Agreement 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 ...
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1862 In Case Law
Year 186 ( CLXXXVI) was a common year starting on Saturday (link will display the full calendar) of the Julian calendar. At the time, it was known as the Year of the Consulship of Aurelius and Glabrio (or, less frequently, year 939 ''Ab urbe condita''). The denomination 186 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place Roman Empire * Peasants in Gaul stage an anti-tax uprising under Maternus. * Roman governor Pertinax escapes an assassination attempt, by British usurpers. New Zealand * The Hatepe volcanic eruption extends Lake Taupō and makes skies red across the world. However, recent radiocarbon dating by R. Sparks has put the date at 233 AD ± 13 (95% confidence). Births * Ma Liang, Chinese official of the Shu Han state (d. 222) Deaths * April 21 – Apollonius the Apologist, Christian martyr * Bian Zhang, Chinese official and gener ...
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Fairline Shipping Corp V Adamson
Fairline was a regional airline based in Austria. It ceased operations in 2004. History The airline was established in 2003 and started operations in January 2004. It ceased operations in June 2004 when its parent company Fairline Aviation was declared bankrupt on June 9, 2004 by a court in Graz. Destinations Fairline operated the following scheduled services from Graz and Linz:/ref> * Berlin (Berlin-Tegel Airport), once a week * Rome (Ciampino Airport), four times weekly * Milan (Malpensa Airport), six times weekly * Florence (Peretola Airport), three times weekly * Berlin (Berlin-Tegel Airport), once a week * Stuttgart (Stuttgart Airport Stuttgart Airport (German: ''Flughafen Stuttgart'', formerly ''Flughafen Stuttgart-Echterdingen'') is the international airport of Stuttgart, the capital of the German state of Baden-Württemberg. It is christened in honor of Stuttgart's forme ...), once a week References {{Airlines of Austria Defunct airlines of Austria Ai ...
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Modern Law Review
The ''Modern Law Review'' is a peer-reviewed academic journal published by John Wiley & Sons on behalf of Modern Law Review Ltd. and which has traditionally maintained close academic ties with the Law Department of the London School of Economics. The ''Modern Law Review'' has been identified as the "pre-eminent United Kingdom law journal" in a ranking based on statistical data from the 2001 Research Assessment Exercise, and has been placed in the highest tier (A*) by the 2019 Israeli Inter-University Committee Report. The journal is a general law review that publishes original articles relating to common law jurisdictions and the law of the European Union. In addition, the journal contains sections devoted to recent legislation and reports, to case analysis, to review articles, and to book reviews. The current editor-in-chief (General Editor) is David Kershaw. Previous editors included Lord Chorley, Lord Wedderburn, Hugh Collins, and Julia Black. The contents of the first 59 vo ...
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Brogden V Metropolitan Railway Company
''Brogden v Metropolitan Railway Company'' (1876–77) L.R. 2 App. Cas is an English contract law case which established that a contract can be contract formation, formed by the conduct of the parties. Facts Alexander Brogden, Mr Brogden, the chief of a partnership of three, had supplied the Metropolitan Railway Company with coals for a number of years. Brogden then suggested that a formal contract should be entered into between them for longer term coal supply. Each side's agents met together and negotiated. Metropolitan's agents drew up some terms of agreement and sent them to Brogden. Brogden wrote in some parts which had been left blank and inserted an arbitrator who would decide upon differences which might arise. He wrote "approved" at the end and sent back the agreement documents. Metropolitan's agent filed the documents and did nothing more. For a while, both acted according to the agreement document's terms. But then some more serious disagreements arose, and Brogden argu ...
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Court Of Exchequer Chamber
The Court of Exchequer Chamber was an England, English appellate court for common law civil actions before the reforms of the Judicature Acts of 1873–1875. It originated in the fourteenth century, established in its final form by a statute of 1585. The court heard references from the Court of King's Bench (England), King's Bench, the Exchequer of Pleas, Court of Exchequer and, from 1830, directly rather than indirectly from the Court of Common Pleas (England), Court of Common Pleas. It was constituted of four judges belonging to the two courts that had been uninvolved at Court of first instance, first instance. In cases of exceptional importance such as the ''Case of Mines'' (1568) and ''ship money, R v Hampden'' (1637) twelve common law judges, four from each division below, sitting in Exchequer Chamber, might be asked to determine a point of law, the matter being referred by the court hearing the case rather than the parties. Though further appeal to the Judicial functions of ...
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Stockdale V
Stockdale is a surname originating from Northern England, probably Yorkshire. At the time of the British Census of 1881, its frequency was highest in Yorkshire, followed by Westmorland, Cumberland, County Durham, Nottinghamshire, Cambridgeshire, Lincolnshire, Rutland, and Lancashire. The family name has several different spellings that have appeared historically. Some of those variations are Stocksdale, Stogdel, Stogsdill, Stockdel, Stogdill, Stoxdale, and Stockstill. People *Alan Stockdale (born 1945), Australian politician * Alexander Stockdale (1509–1563), English politician and Yorkshire landowner *Andrew Stockdale (born 1976), lead singer of Australian band Wolfmother *Sir Arthur Stockdale Cope (1857–1940), English painter *Carl Stockdale (1874–1953), American actor * Christopher Walters Stockdale (1665–1713), English parliamentarian and landowner * Christopher Stockdale (born 1965), English cricketer *David Stockdale (born 1985), English footballer *Sir Ed ...
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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 ...
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James Shaw Willes
Sir James Shaw Willes (1814 – 2 October 1872) was a Judge of the English Court of Common Pleas. Willes was born in Cork. He was educated at Trinity College, Dublin, where he took his BA degree in 1836 (and later received an honorary LLD in 1860). Four years later, he was called to the English Bar at Inner Temple and commenced practice on the Home Circuit. In 1850, he was appointed to the Common Law Commission, and did useful service in the preparation of the several Law Procedure Acts. When he was forty-one years old, he was appointed a puisne judge of the Common Pleas, receiving the honour of knighthood at the same time. "He was esteemed one of the wisest and most learned of English lawyers, displaying in his decisions not only a rare and profound knowledge of principles, but a wonderful power of dealing with complicated facts and evidence. His decisions on questions of mercantile and maritime law were especially lucid and convincing. He presided at the trial in 1865 of ...
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Conversion (law)
Conversion is an intentional tort A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable ... consisting of "taking with the intent of exercising over the Personal property, chattel an ownership inconsistent with the real owner's right of possession". In England & Wales, it is a tort of strict liability. Its equivalents in criminal law include larceny or theft and criminal conversion. In those jurisdictions that recognise it, criminal conversion is a lesser crime than theft/larceny. Examples of conversion include: 1) Alpha cuts down and hauls away trees on land s/he knows is owned by Beta, without permission or privilege to do so; and 2) Gamma takes furniture belonging to Delta and puts it into storage, without Delta's consent (and especially if Delta does not know where Gamma put it). A ...
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