Fibrosa Spolka Akcyjna V Fairbairn Lawson Combe Barbour Ltd
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Fibrosa Spolka Akcyjna V Fairbairn Lawson Combe Barbour Ltd
is a leading House of Lords decision on the doctrine of frustration in English contract law. Facts Fibrosa was a textile company based in Wilno, Poland (today Vilnius, capital of Lithuania). In July 1939, it entered into a contract with Fairbairn, a British firm, to buy industrial machinery for its plant in Gdynia for £4,800. The contract was signed on 12 July 1939 and, the following week, Fibrosa made an advanced payment of £1,000. The machines were expected to arrive within three to four months. On 1 September 1939, Poland was invaded by Nazi Germany. The United Kingdom declared war on Germany on 3 September, entering World War II. The following week, Fibrosa's agents contacted Fairbairn to request that the initial £1,000 payment be refunded as the contract's execution as "it is now quite evident that the delivery of the machines on order for Poland cannot take place". Fairbairn refused. On 1 May 1940, Fibrosa's agents initiated legal proceedings. The lower courts sided w ...
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Invasion Of Poland
The invasion of Poland (1 September – 6 October 1939) was a joint attack on the Republic of Poland by Nazi Germany and the Soviet Union which marked the beginning of World War II. The German invasion began on 1 September 1939, one week after the signing of the Molotov–Ribbentrop Pact between Germany and the Soviet Union, and one day after the Supreme Soviet of the Soviet Union had approved the pact. The Soviets invaded Poland on 17 September. The campaign ended on 6 October with Germany and the Soviet Union dividing and annexing the whole of Poland under the terms of the German–Soviet Frontier Treaty. The invasion is also known in Poland as the September campaign ( pl, kampania wrześniowa) or 1939 defensive war ( pl, wojna obronna 1939 roku, links=no) and known in Germany as the Poland campaign (german: Überfall auf Polen, Polenfeldzug). German forces invaded Poland from the north, south, and west the morning after the Gleiwitz incident. Slovak military forces ad ...
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Chandler V Webster
''Chandler v Webster'' 904 1 KB 493 is an English contract law case concerning frustration. It is one of several coronation cases which appeared in the courts after King Edward VII fell ill and his coronation was postponed. Facts Mr Webster agreed to let Mr Chandler a room on Pall Mall to watch the king's coronation on 26 June 1902 for £141 15s (). It was understood between the parties that the money for the room should be paid before the procession. Mr Chandler hired the room with the intention of erecting a stand and selling tickets. On 10 June Mr Chandler wrote to Mr Webster saying: Mr Chandler paid £100 on 19 June but then the king fell ill. The question was whether the £100 could be recovered by Mr Chandler, or whether Mr Webster could demand the balance. Judgment High Court Wright J held that the plaintiff was not entitled to recover the £100 which he had paid, and that, on the construction of the letter of 10 June, it appeared that the balance was not payabl ...
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1942 In Case Law
Year 194 ( CXCIV) was a common year starting on Tuesday (link will display the full calendar) of the Julian calendar. At the time, it was known as the Year of the Consulship of Septimius and Septimius (or, less frequently, year 947 ''Ab urbe condita''). The denomination 194 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 * Emperor Septimius Severus and Decimus Clodius Septimius Albinus Caesar become Roman Consuls. * Battle of Issus: Septimius Severus marches with his army (12 legions) to Cilicia, and defeats Pescennius Niger, Roman governor of Syria. Pescennius retreats to Antioch, and is executed by Severus' troops. * Septimius Severus besieges Byzantium (194–196); the city walls suffer extensive damage. Asia * Battle of Yan Province: Warlords Cao Cao and Lü Bu fight for control over Yan Province; the battle lasts for over 100 d ...
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House Of Lords Cases
A house is a single-unit residential building. It may range in complexity from a rudimentary hut to a complex structure of wood, masonry, concrete or other material, outfitted with plumbing, electrical, and heating, ventilation, and air conditioning systems.Schoenauer, Norbert (2000). ''6,000 Years of Housing'' (rev. ed.) (New York: W.W. Norton & Company). Houses use a range of different roofing systems to keep precipitation such as rain from getting into the dwelling space. Houses may have doors or locks to secure the dwelling space and protect its inhabitants and contents from burglars or other trespassers. Most conventional modern houses in Western cultures will contain one or more bedrooms and bathrooms, a kitchen or cooking area, and a living room. A house may have a separate dining room, or the eating area may be integrated into another room. Some large houses in North America have a recreation room. In traditional agriculture-oriented societies, domestic animals such a ...
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Law Reform (Frustrated Contracts) Act 1943
The Law Reform (Frustrated Contracts) Act 1943 is an Act of the Parliament of the United Kingdom which establishes the rights and liabilities of parties involved in frustrated contracts. It amends previous common law rules on the complete or partial return of pre-payments, where a contract is deemed to be frustrated, as well as introducing a concept that valuable benefits – other than financial benefits – may also be returned. It applies only to contracts governed by English law. Background In English contract law, a contract which is found to be frustrated – that is, one that is rendered impossible to perform or whose purpose is thwarted through no fault of the contracting parties – will halt all performance of duties thereafter, and end all contractual obligations.Halson, p. 427 Such a result could bring about inequitable results for parties making pre-payments or deposits. An example can be found in the case of ''Chandler v Webster''. Mr Webster contracted to rent a ...
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Law Revision Committee
A law commission, law reform commission, or law revision commission is an independent body set up by a government to conduct law reform; that is, to consider the state of laws in a jurisdiction and make recommendations or proposals for legal changes or restructuring. The first term is prevalent in the United Kingdom, the second is prevalent in the Commonwealth, and the third one is prevalent in the United States. Work The functions of a law commission body include drafting revised versions of confusing laws, preparing consolidated versions of laws, making recommendations on updating outdated laws and making recommendations on repealing obsolete or spent laws. Law commissions often undertake projects focusing on legislation, although their mandates may be narrower or broader. List of law commissions *: Australian Law Reform Commission *: the Law Commission of Canada was established by the Law Commission of Canada Act on July 1, 1997 and was eliminated in 2006. It replaced the ...
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UK Parliament
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative supremacy and thereby ultimate power over all other political bodies in the UK and the overseas territories. Parliament is bicameral but has three parts, consisting of the sovereign ( King-in-Parliament), the House of Lords, and the House of Commons (the primary chamber). In theory, power is officially vested in the King-in-Parliament. However, the Crown normally acts on the advice of the prime minister, and the powers of the House of Lords are limited to only delaying legislation; thus power is ''de facto'' vested in the House of Commons. The House of Commons is an elected chamber with elections to 650 single-member constituencies held at least every five years under the first-past-the-post system. By constitutional convention, all governmen ...
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Rugg V Minett
Rugg is a surname. Notable people with the surname include: *Gordon Rugg, Scottish academic *Harold Rugg, educational reformer *Paul Rugg, American screen writer *Peter Rugg, fictional character * Sylvanus T. Rugg, American Union Army officer *William Rugg William Rugge (also Rugg, Repps, Reppes; died 1550) was an English Benedictine theologian, and bishop of Norwich from 1536 to 1549. Life He was born in Northrepps, Norfolk. He was a Doctor of Divinity of Gonville Hall, Cambridge in 1513. The Car ...
, English theologian and bishop {{surname, Rugg ...
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Sinclair V Brougham
''Sinclair v Brougham'' 914AC 398 is an English trusts law case, concerning the right of depositors to recover sums which were deposited (or loaned) to a building society under contracts of deposit which were beyond the powers of (''ultra vires'') the building society. Facts The Birkbeck Permanent Benefit Society was formed under the Building Societies Act 1836, but was never registered under the Building Societies Act 1874. Under rule 35 of the Society’s constitution it was allowed to borrow money. Rule 97 said that losses should be shared among the two classes of shareholders in different proportions. From the start it developed a banking business, the Birkbeck Bank, but this was wound up in 1911. The four groups of creditors were (1) A shareholders who would be repaid on maturity, (2) B shareholders who had permanent shares (3) trade creditors and (4) depositors. The trade creditors and the A shareholders had their claims settled by an agreement. The liquidator brought a ...
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Common Law Procedure Act 1852
Common may refer to: Places * Common, a townland in County Tyrone, Northern Ireland * Boston Common, a central public park in Boston, Massachusetts * Cambridge Common, common land area in Cambridge, Massachusetts * Clapham Common, originally common land, now a park in London, UK * Common Moss, a townland in County Tyrone, Northern Ireland * Lexington Common, a common land area in Lexington, Massachusetts * Salem Common Historic District, a common land area in Salem, Massachusetts People * Common (rapper) (born 1972), American hip hop artist, actor, and poet * Andrew Ainslie Common (born 1841), English amateur astronomer * Andrew Common (born 1889), British shipping director * John Common, American songwriter, musician and singer * Thomas Common (born 1850), Scottish translator and literary critic Arts, entertainment, and media * ''Common'' (film), a 2014 BBC One film, written by Jimmy McGovern, on the UK's Joint Enterprise Law * Dol Common, a character in ''The Alchemist'' b ...
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United Australia Ltd V Barclays Bank Ltd
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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Moses V Macferlan
''Moses v Macferlan'' (1760) 2 Bur 1005 is a foundational case in the law of restitution holding that in certain circumstances such as when money is paid by mistake, for failed consideration or under oppression; the law will allow the money to be recovered. Facts Chapman Jacob had made out four promissory notes to Moses for 30s each.''Moses v Macferlan'' (1760) 2 Bur 1005 at 1005. Moses owed Macferlan £26, did not pay him and was sued. A settlement was reached at arbitration whereby Moses would pay Macferlan £20; and endorse to Macferlan the four promissory notes he had received from Jacob. Moses, endorsed these notes to Macferlan, thus transferring over rights to the money. Prior to Moses endorsement, Macferlan assured him that his endorsement would not prejudice him. In other words, Macferlan would not seek to get the value of the notes from Moses. There was also an agreement signed by Macferlan that Moses should "not be liable to the payment of the money or any part of it". ...
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