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Frustration In English Law
Frustration is an English contract law doctrine that acts as a device to set aside contracts where an unforeseen event either renders contractual obligations impossible, or radically changes the party's principal purpose for entering into the contract. Historically, there had been no way of setting aside an impossible contract after formation; it was not until 1863, and the case of '' Taylor v Caldwell'', that the beginnings of the doctrine of frustration were established. Whilst the doctrine has seen expansion from its inception,Koffman, Macdonald, p. 520 it is still narrow in application;Halson, p. 419 Lord Roskill stated that "the doctrine is not lightly to be invoked to relieve contracting parties of the normal consequences of imprudent commercial bargains." Development of the doctrine Early cases such as '' Paradine v Jane'' show the historical line that the courts took toward a frustration of purpose in contract; here, the courts held that where land under lease to the def ... [...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] |
Steamboat
A steamboat is a boat that is marine propulsion, propelled primarily by marine steam engine, steam power, typically driving propellers or Paddle steamer, paddlewheels. Steamboats sometimes use the ship prefix, prefix designation SS, S.S. or S/S (for 'Screw Steamer') or PS (for 'Paddle Steamer'); however, these designations are most often used for steamships. The term ''steamboat'' is used to refer to smaller, insular, steam-powered boats working on lakes and rivers, particularly riverboats. As using steam became more reliable, steam power became applied to larger, ocean-going vessels. Background Limitations of the Newcomen steam engine Early steamboat designs used Newcomen atmospheric engine, Newcomen steam engines. These engines were large, heavy, and produced little power, which resulted in an unfavorable power-to-weight ratio. The Newcomen engine also produced a reciprocating or rocking motion because it was designed for pumping. The piston stroke was caused by a water jet i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ocean Tramp Tankers Corporation V V/O Sovfracht
''The Eugenia'' (or ''Ocean Tramp Tankers Corp v V/O Sovfracht'') 9642 QB 226 is an English contract law case, concerning the frustration of an agreement. Facts The Suez canal became a "dangerous zone" as ''The Eugenia'', carrying iron and steel, sailed towards it on the way to India from Odessa (but starting in Genoa). The charterers, in breach of a "general war clause" in the contract saying dangerous zones should be avoided, sailed into Port Said, thinking they could make it through the canal in time. The alternative was to sail around the Cape of Good Hope, which would have taken a long time. The ship was impounded as the canal was closed. The charterers then abandoned the contract and claimed it was frustrated. The claimant owners of the iron and steel claimed it was breach of contract. Judgment Lord Denning MR held that there was no frustration of the contract. First, that the charterers could not rely on any self-induced frustration (sailing into the canal) as a ground for ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cruising Trawler
Recreational trawlers are pleasure boats that resemble fishing trawlers. They are also be called cruising trawlers or trawler yachts. Within the category, however, are many types and styles of vessels. A fishing trawler for example, always has a displacement hull for load-carrying capacity. Recreational trawlers, on the other hand, are as likely to have a semi-displacement hull. However, with the rising cost of fuel and the lower fuel consumption (though also lower speed) offered by displacement hulls, they are gaining popularity among some buyers. These displacement models typically have a cruising speed of depending on the boat length. Their maximum speed is often no more than , whereas semi-displacement hulls can attain . Recreational trawlers need only a small engine; can be adequate in a boat, which will use less than to cruise.Buehler, George (2011''The troller yacht book: How to cross oceans without getting wet or going broke''2nd edition, BookLocker.com. . De ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Employment Protection (Consolidation) Act 1978
The Employment Protection (Consolidation) Act 1978 was a UK Act of Parliament that formed a central part of UK labour law. Its descendant is the Employment Rights Act 1996. It consolidated two pieces of legislation, the Contracts of Employment Act 1963 and the Redundancy Payments Act 1965. See also *UK labour law United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equit ... External linksText of remainder of statute from Opsi {{UK labour statutes [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Notcutt V Universal Equipment Co
''Notcutt v Universal Equipment Co (London) Ltd'' 986ICR 414 is an English contract law and UK labour law case, concerning the frustration of an agreement. Facts Mr Notcutt had a heart attack. The doctor said it was unlikely he would ever work again. His employers gave the statutory 12-week notice to terminate his contract, but made no payment of wages on the ground that the employee was not entitled to sick pay. Mr Notcutt sued under Employment Protection (Consolidation) Act 1978 section 88(1)(b) which says that normal wages must be paid in the period of notice if an employee is incapable of work due to sickness. Then the employer argued the contract was frustrated. Judgment Dillon LJ held the contract was frustrated. He referred to '' Hare v Murphy Brothers Ltd''974ICR 603 where Lord Denning MR held a contract was frustrated when a man was sentenced to 12 months prison, on a supposed analogy with someone that was grievously injured an incapacitated in a road accident. Se ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Condor V The Baron Knights
Condor is the common name for two species of New World vultures, each in a monotypic genus. The name derives from the Quechua ''kuntur''. They are the largest flying land birds in the Western Hemisphere. They are: * The Andean condor (''Vultur gryphus''), which inhabits the Andean mountains. * The California condor (''Gymnogyps californianus''), currently restricted to the western coastal mountains of the United States and Mexico and the northern desert mountains of Arizona in the United States. Taxonomy Condors are part of the family Cathartidae which contains the New World vultures, whereas the 15 species of Old World vultures are in the family Accipitridae, that also includes hawks, eagles, and kites. The New World and Old World vultures evolved from different ancestors. They both are carrion-eaters and the two groups are similar in appearance due to convergent evolution. Description Both condors are very large broad-winged soaring birds, the Andean condor being ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robinson V Davison
Robinson may refer to: People and names * Robinson (name) Fictional characters * Robinson Crusoe, the main character, and title of a novel by Daniel Defoe, published in 1719 Geography * Robinson projection, a map projection used since the 1960s to show the entire world in two dimensions * Robinson (crater), a small lunar impact crater southwest of the large walled plain J. Herschel ;United States * Robinson, Illinois * Robinson, Iowa * Robinson, Kansas * Robinson, Kentucky * Robinson, Minnesota * Robinson, North Dakota * Robinson, Texas * Robinson, Washington * Robinson Township, Pennsylvania (other), two townships in the Pittsburgh Metro Area with the same name ;United Kingdom * Robinson (Lake District), a 737 m hill in England's Lake District * Robinson College, Cambridge, a college in England's University of Cambridge ;France * Robinson (Paris RER), a commuter train station in Paris Ships * USS ''Robinson'', the name of more than one United States Navy ship ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ralli Bros V Compania Naviera Sota Y Aznar
Ralli may refer to: People *Rallis or Ralli, a surname, including a list of people with the name * Ralli Ben-Yehuda (born 1934), Israeli Olympic gymnast *Théodore Ralli (1852-1909), Greek artist Other uses *Ralli car, a type of horse-drawn cart *Ralli Hall, a venue in Hove, England *Ralli Museum (Caesarea), two art museums (Ralli 1 and Ralli 2) in Caesarea, Israel *Ralli quilt, traditional quilts from Sindh, Pakistan and western India *Ralli (suborder), a suborder of the bird order Gruiformes *''Spermophilus ralli The relict ground squirrel (''Spermophilus relictus'') is a species of rodent in the family Sciuridae. It is found in Kazakhstan, Kyrgyzstan and Uzbekistan. It is thought to be synonymous with ''Spermophilus ralli'', whose name was formerly used ...'', a squirrel of family Sciuridae See also * Rally (other) {{disambiguation ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Metropolitan Water Board V Dick, Kerr & Co Ltd
''Metropolitan Water Board v Dick Kerr and Co Ltd'' 918AC 119 is an English contract law case, concerning the frustration of an agreement. Facts In July 1914, Dick, Kerr & Co agreed to build a reservoir in six years for the Metropolitan Water Board (London). The contract said that Dick, Kerr & Co should apply to the engineer for an extension of time in the event of delay ‘whatsoever and howsoever occasioned’. Two years later on 21 February 1916, due to the war, the Ministry of Munitions ordered Dick, Kerr & Co to stop work and sell their plant. The MWB subsequently sued Dick Kerr to complete the reservoir. Judgment The House of Lords held that the contract was frustrated, because the delay clause was intended to cover temporary difficulties, and not such fundamental changes in the contract’s nature. See also *English contract law *Frustration in English law Frustration is an English contract law doctrine that acts as a device to set aside contracts where an unforesee ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Denny, Mott & Dickinson V James Fraser
''Denny, Mott & Dickson Ltd v James B Fraser & Co Ltd'' 944AC 265 is an English contract law case, concerning the frustration of an agreement. Facts James B Fraser & Co Ltd were timber merchants. An agreement with Denny, Mott & Dickson Ltd in 1929 said they would buy wood from Denny, and lease a timber yard with the option to buy it or take a long lease on certain terms. The contract's first four clauses concerned the timber. Clause 5 provided for the contract's termination on notice by either party. Clause 6 provided for the letting of the timber yard "to enable the foresaid trading agreement to be carried out." Clause 8 gave the Denny, "in the event of the foregoing trading agreement being terminated by either party as aforesaid, ... the right as at the date of the termination of the said agreement" to purchase the timber yard at a certain price or to take a lease of it at a certain rent. Because of the Control of Timber (No 4) Order 1939, further transactions between the partie ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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