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Fundamental Breach
Fundamental breach of contract, is a controversial concept within the common law of contract. The doctrine was, in particular, nurtured by Lord Denning, Master of the Rolls from 1962 to 1982, but it did not find favour with the House of Lords. Whereas breach of condition is a serious breach that "denies the plaintiff the main benefit of the contract", fundamental breach was supposed to be even worse, with the result that any exclusion clause limiting the defendant's liability would automatically become void and ineffective. Also, whereas breach of condition gives the plaintiff the option to repudiate, fundamental breach automatically discharges the entire contract. Although the concept caused some excitement in the 1950s and 1960s, the concept was regarded as flawed by the Law Lords, whose decision in the '' Suisse Atlantique'' substantially curtailed the doctrine, which has now been effectively "laid to rest" in England and Canada. The relevant concept in English Law is repudiator ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Glynn V Margetson
''Glynn v Margetson'' is an English case on the law of carriage of goods by sea which established the "Main Purpose Rule" in relation to deviation. Facts A vessel, the ''Zena'', was chartered to carry a perishable cargo of Seville oranges from Málaga to a marmalade factory in Liverpool. The bill of lading provided that the master was "at liberty to visit any ports in any order". Although a carrier has a duty to "proceed with reasonable despatch" and not to deviate from the agreed course, the ship visited other ports in Spain and North Africa before heading for Liverpool. The deviation caused delays in delivering the cargo, during which time both the cargo and the market for oranges had deteriorated. The cargo-owner sued. Judgment The House of Lords held that the "liberty clause" was in effect an exemption clause which sought to limit the carrier's liability for loss caused through unjustifiable deviation. The court went on to establish the "Main Purpose Rule" which provi ... [...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] |
Tate & Lyle V Hain Steamship Company
Tate is an institution that houses, in a network of four art galleries, the United Kingdom's national collection of British art, and international modern and contemporary art. It is not a government institution, but its main sponsor is the UK Department for Digital, Culture, Media and Sport. The name "Tate" is used also as the operating name for the corporate body, which was established by the Museums and Galleries Act 1992 as "The Board of Trustees of the Tate Gallery". The gallery was founded in 1897 as the National Gallery of British Art. When its role was changed to include the national collection of modern art as well as the national collection of British art, in 1932, it was renamed the Tate Gallery after sugar magnate Henry Tate of Tate & Lyle, who had laid the foundations for the collection. The Tate Gallery was housed in the current building occupied by Tate Britain, which is situated in Millbank, London. In 2000, the Tate Gallery transformed itself into the curre ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Exemption Clause
An exclusion clause is a term in a contract that seeks to restrict the rights of the parties to the contract. Traditionally, the district courts have sought to limit the operation of exclusion clauses. In addition to numerous common law rules limiting their operation, in England and Wales Consumer Contracts Regulations 1999. The Unfair Contract Terms Act 1977 applies to all contracts, but the Unfair Terms in Consumer Contracts Regulations 1999, unlike the common law rules, do differentiate between contracts between businesses and contracts between business and consumer, so the law seems to explicitly recognize the greater possibility of exploitation of the consumer by businesses. Types of exclusion clause There are various methods by which a party may seek to exclude or mitigate liability by use of a contractual term: * True exclusion clause: The clause recognizes a potential breach of contract, and then excuses liability for the breach. Alternatively, the clause is constructed ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Liverpool
Liverpool is a city and metropolitan borough in Merseyside, England. With a population of in 2019, it is the 10th largest English district by population and its metropolitan area is the fifth largest in the United Kingdom, with a population of 2.24 million. On the eastern side of the Mersey Estuary, Liverpool historically lay within the ancient hundred of West Derby in the county of Lancashire. It became a borough in 1207, a city in 1880, and a county borough independent of the newly-created Lancashire County Council in 1889. Its growth as a major port was paralleled by the expansion of the city throughout the Industrial Revolution. Along with general cargo, freight, and raw materials such as coal and cotton, merchants were involved in the slave trade. In the 19th century, Liverpool was a major port of departure for English and Irish emigrants to North America. It was also home to both the Cunard and White Star Lines, and was the port of registry of the ocean li ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Seville Orange
Bitter orange, Seville orange, bigarade orange, or marmalade orange is the citrus tree ''Citrus'' × ''aurantium'' and its fruit. It is native to Southeast Asia and has been spread by humans to many parts of the world. It is probably a cross between the pomelo, ''Citrus maxima'', and the mandarin orange, ''Citrus reticulata''. History Wild trees are found near small streams in generally secluded and wooded parts of Florida and the Bahamas after it was introduced to the area from Spain, where it had been introduced and cultivated heavily beginning in the 10th century by the Moors. Identification Citrus × aurantium can be identified through its orange fruit with a distinctly bitter or sour taste. The tree has alternate simple leaves and thorns on its petiole. Usage Many varieties of bitter orange are used for their essential oil, and are found in perfume, used as a flavoring or as a solvent, and also for consumption. The Seville orange variety is used in the production of marma ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hague–Visby Rules
The Hague–Visby Rules is a set of international rules for the international carriage of goods by sea. They are a slightly updated version of the original Hague Rules which were drafted in Brussels in 1924. The premise of the Hague–Visby Rules (and of the earlier English common law from which the Rules are drawn) was that a carrier typically has far greater bargaining power than the shipper, and that to protect the interests of the shipper/cargo-owner, the law should impose some minimum affreightment obligations upon the carrier. However, the Hague and Hague–Visby Rules were hardly a charter of new protections for cargo-owners; the English common law prior to 1924 provided more protection for cargo-owners, and imposed more liabilities upon "common carriers". The official title of the Hague Rules the "International Convention for the Unification of Certain Rules of Law relating to Bills of Lading". After being amended by the Brussels Amendments (officially the "Protocol ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bill Of Lading
A bill of lading () (sometimes abbreviated as B/L or BOL) is a document issued by a carrier (or their agent) to acknowledge receipt of cargo for shipment. Although the term historically related only to carriage by sea, a bill of lading may today be used for any type of carriage of goods. Bills of lading are one of three crucial documents used in international trade to ensure that exporters receive payment and importers receive the merchandise. The other two documents are a policy of insurance and an invoice. Whereas a bill of lading is negotiable, both a policy and an invoice are assignable. In international trade outside the United States, bills of lading are distinct from waybills in that the latter are not transferable and do not confer title. Nevertheless, the UK Carriage of Goods by Sea Act 1992 grants "all rights of suit under the contract of carriage" to the lawful holder of a bill of lading, or to the consignee under a sea waybill or a ship's delivery order. A bill of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parol Evidence Rule
The parol evidence rule is a rule in the Anglo-American common law that governs what kinds of evidence parties to a contract dispute can introduce when trying to determine the specific terms of a contract. The rule also prevents parties who have reduced their agreement to a final written document from later introducing other evidence, such as the content of oral discussions from earlier in the negotiation process, as evidence of a different intent as to the terms of the contract. The rule provides that "extrinsic evidence is inadmissible to vary a written contract". The term "parol" derives from the Anglo-Norman French ''parol'' or ''parole'', meaning "word of mouth" or "verbal", and in medieval times referred to oral pleadings in a court case. The rule's origins lie in English contract law, but has been adopted in other common law jurisdictions; however there are now some differences between application of the rule in different jurisdictions. For instance, in the US, a common ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Clyde Estuary
The River Clyde ( gd, Abhainn Chluaidh, , sco, Clyde Watter, or ) is a river that flows into the Firth of Clyde in Scotland. It is the ninth-longest river in the United Kingdom, and the third-longest in Scotland. It runs through the major city of Glasgow. Historically, it was important to the British Empire because of its role in shipbuilding and trade. To the Romans, it was , and in the early medieval Cumbric language, it was known as or . It was central to the Kingdom of Strathclyde (). Etymology The exact etymology of the river's name is unclear, though it is known that the name is ancient: It was called or by the Britons and by the Romans. It is therefore likely that the name comes from a Celtic language—most likely Old British. But there is more than one old Celtic word that the river's name could plausibly derive from. One possible root is the Common Brittonic , meaning 'loud' or 'loudly'. More likely, the river was named after a local Celtic goddess, '' Clōta' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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