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Frustration Of Contract
Frustration of purpose, in law, is a defense to enforcement of a contract. Frustration of purpose occurs when an unforeseen event undermines a party's principal purpose for entering into a contract such that the performance of the contract is radically different from performance of the contract that was originally contemplated by both parties, and both parties knew of the principal purpose at the time the contract was made..austlii Despite frequently arising as a result of government action, any third party or even nature can frustrate a contracting party's primary purpose for entering into the contract. The concept is also called commercial frustration. For example, if Joe gets a mortgage for a new home, suppose after three years, the home is destroyed, through no fault of Joe's. Without a hell or high water clause, Joe might be exempt from the remainder of the mortgage, as the principal purpose of the contract, to have a home to live in, has been compromised. However, he might s ...
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Contract
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of the mind ...
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Royal Surrey Gardens
Royal Surrey Gardens were pleasure gardens in Newington, Surrey, London in the Victorian period, slightly east of The Oval. The gardens occupied about to the east side of Kennington Park Road, including a lake of about . It was the site of Surrey Zoological Gardens and Surrey Music Hall. The gardens were the grounds of the manor house of Walworth, that is also the civil parish of Newington, Surrey. The site was acquired in 1831 by impresario Edward Cross to be the location of his new Surrey Zoological Gardens, using animals from his menagerie at Exeter Exchange, in competition with the new London Zoo in Regent's Park. A large circular domed glass conservatory was built in the gardens, in circumference with more than of glass, to contain separate cages for lions, tigers, a rhinoceros, and giraffes. The gardens were heavily planted with native and exotic trees and plants, and dotted with picturesque pavilions. The gardens were used for large public entertainments from ...
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Contract Law
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of the min ...
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Breach Of Contract
Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance. Breach occurs when a party to a contract fails to fulfill its obligation(s), whether partially or wholly, as described in the contract, or communicates an intent to fail the obligation or otherwise appears not to be able to perform its obligation under the contract. Where there is breach of contract, the resulting damages have to be paid to the aggrieved party by the party breaching the contract. If a contract is rescinded, parties are legally allowed to undo the work unless doing so would directly charge the other party at that exact time. It is important to bear in mind that contract law is not the same from country to country. Each country has its own independent, freestanding law of contract. Therefore, it makes sense ...
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Edward VII Of The United Kingdom
Edward VII (Albert Edward; 9 November 1841 – 6 May 1910) was King of the United Kingdom of Great Britain and Ireland and Emperor of India, from 22 January 1901 until his death in 1910. The second child and eldest son of Queen Victoria and Prince Albert of Saxe-Coburg and Gotha, and nicknamed "Bertie", Edward was related to royalty throughout Europe. He was Prince of Wales and heir apparent to the British throne for almost 60 years. During the long reign of his mother, he was largely excluded from political influence and came to personify the fashionable, leisured elite. He travelled throughout Britain performing ceremonial public duties and represented Britain on visits abroad. His tours of North America in 1860 and of the Indian subcontinent in 1875 proved popular successes, but despite public approval, his reputation as a playboy prince soured his relationship with his mother. As king, Edward played a role in the modernisation of the British Home Fleet and the reorganis ...
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Coronation Of The British Monarch
The coronation of the monarch of the United Kingdom is a ceremony (specifically, initiation rite) in which they are formally invested with regalia and crowned at Westminster Abbey. It corresponds to the coronations that formerly took place in other European monarchies, all of which have abandoned coronations in favour of inauguration or enthronement ceremonies. A coronation is a symbolic formality and does not signify the official beginning of the monarch's reign; ''de jure'' and ''de facto'' their reign commences from the moment the preceding monarch dies, maintaining the legal continuity of the monarchy. The coronation usually takes place several months after the death of the previous monarch, as it is considered a joyous occasion that would be inappropriate while mourning continues. This interval also gives the planners enough time to complete the elaborate arrangements required. For example, Queen Elizabeth II was crowned on 2 June 1953, having ascended the throne ...
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Krell V Henry
''Krell v Henry'' 9032 KB 740 is an English case which sets forth the doctrine of frustration of purpose in contract law. It is one of a group of cases, known as the "coronation cases", which arose from events surrounding the coronation of King Edward VII and Queen Alexandra in 1902. Facts The defendant, CS Henry, agreed by contract on 20 June 1902, to rent a flat at 56A Pall Mall from the plaintiff, Paul Krell, for the purpose of watching the coronation procession of Edward VII scheduled for 26 and 27 June. The housekeeper of the premises had informed Henry that he would have an excellent view of the procession from the room. Desiring to secure the rental of Krell's flat for the purpose of observing the coronation procession, Henry wrote the following letter to Krell's solicitor: I am in receipt of yours of the 18th instant, inclosing form of agreement for the suite of chambers on the third floor at 56A, Pall Mall, which I have agreed to take for the two days, the 26t ...
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Implied Terms In English Law
Implied terms in English law are default rules for contracts on points where the terms which contracting parties expressly choose are silent, or mandatory rules which operate to override terms that the parties may have themselves chosen. The purpose of implied terms is often to supplement a contractual agreement in the interest of making the deal effective for the purpose of business, to achieve fairness between the parties or to relieve hardship. Terms may be implied into contract through statutes, custom or by the courts. When implied by statute, Parliament may well make certain terms compulsory. The examples are numerous. For instance, the National Minimum Wage Act 1998, provides that in any contract for work, the worker must be paid according to a minimum wage set by Parliament (£6.19 per hour for workers aged 21 or over as of October 2012). Another example is that under the Unfair Contract Terms Act 1977, liability can only be excluded when reasonable in contracts among busi ...
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Paradine V Jane
''Paradine v Jane'' 647EWHC KB J5is an English contract law case which established absolute Legal liability">liability for contractual debts. Facts This action grew out of the English Civil War. Prince Rupert of the Rhine, Prince Rupert was commander of the armies of his uncle, Charles I of England, King Charles I. Forces on both sides often looted the estates of the Nobility, nobles for the purpose of gaining supplies. On July 19, 1643, the British Royalist forces, known as the Cavaliers, took possession of land owned by the plaintiff, Paradine, which was under lease to the defendant, Jane. The Royalists held the land for three years, finally relinquishing it in 1646 after the remaining Royalist resistance collapsed. Paradine brought suit against Jane to recover for breach of the lease: In debt the plaintiff declares upon a lease for years rendering rent at the four usual feasts; and for rent behind for three years, ending at the Feast of the A ...
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Colin Blackburn, Baron Blackburn
Colin Blackburn, Baron Blackburn, (18 May 1813 – 8 January 1896) was a Scottish judge who is remembered as one of the greatest exponents of the common law. At one point, Blackburn was a judge in the Court of Exchequer Chamber. On 16 October 1876, he became the first person to be made a law lord under the terms of the newly passed Appellate Jurisdiction Act. Life He was the second son of John Blackburn of Killearn, Stirlingshire, and Rebecca, daughter of the Rev. Colin Gillies. He was born on 18 May 1813. His elder brother, Peter Blackburn, represented Stirlingshire in the conservative interest in the parliament of 1859–65. His younger brother was the mathematician Hugh Blackburn. The future judge was educated at the Edinburgh Academy, Eton and Trinity College, Cambridge, in which university he graduated B.A. (eighth wrangler) in 1835, and proceeded M.A. in 1838. In 1870, he received the honorary degree of LL.D. from the University of Edinburgh. Admitted on 20 April 1835, st ...
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Sanctity Of Contract
Sacred describes something that is dedicated or set apart for the service or worship of a deity; is considered worthy of spiritual respect or devotion; or inspires awe or reverence among believers. The property is often ascribed to objects (a " sacred artifact" that is venerated and blessed), or places (" sacred ground"). French sociologist Émile Durkheim considered the dichotomy between the sacred and the profane to be the central characteristic of religion: "religion is a unified system of beliefs and practices relative to ''sacred things'', that is to say, things set apart and forbidden." Durkheim, Émile. 1915. ''The Elementary Forms of the Religious Life''. London: George Allen & Unwin. . In Durkheim's theory, the sacred represents the interests of the group, especially unity, which are embodied in sacred group symbols, or using team work to help get out of trouble. The profane, on the other hand, involve mundane individual concerns. Etymology The word ''sacred'' desc ...
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