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George Mitchell V Finney Lock Seeds Ltd
''George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd'' 982EWCA Civ 5and [19832 AC 803 is a case concerning the sale of goods and exclusion clauses. It was decided under the Unfair Contract Terms Act 1977 and the Sale of Goods Act 1979. Facts Finney Lock Seeds Ltd agreed to supply George Mitchell (Chesterhall) Ltd with 30 lb of Dutch winter cabbage seed for £201.60. An invoice sent with the delivery was considered part of the contract and limited liability to replacing 'any seeds or plants sold' if defective (clause 1) and excluding all liability for loss or damage or consequential loss or damage from use of the seed (clause 2). of crops failed, and £61,513 was claimed for loss of production. The two main issues in the case were whether the limitation clause should be interpreted to cover the seeds actually sold, given that the seeds were wholly defective and so did not do a seed's job at all and whether, under the Unfair Contract Terms Act 1977, s 2(2) the limitation ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
East Lothian
East Lothian (; sco, East Lowden; gd, Lodainn an Ear) is one of the 32 council areas of Scotland, as well as a historic county, registration county and lieutenancy area. The county was called Haddingtonshire until 1921. In 1975, the historic county was incorporated for local government purposes into Lothian Region as East Lothian District, with some slight alterations of its boundaries. The Local Government etc. (Scotland) Act 1994 later created East Lothian as one of 32 modern council areas. East Lothian lies south of the Firth of Forth in the eastern central Lowlands of Scotland. It borders Edinburgh to the west, Midlothian to the south-west and the Scottish Borders to the south. Its administrative centre and former county town is Haddington while the largest town is Musselburgh. Haddingtonshire has ancient origins and is named in a charter of 1139 as ''Hadintunschira'' and in another of 1141 as ''Hadintunshire''. Three of the county's towns were designated as roy ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
London And North Western Railway Co V Neilson
London is the capital and largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary down to the North Sea, and has been a major settlement for two millennia. The City of London, its ancient core and financial centre, was founded by the Romans as '' Londinium'' and retains its medieval boundaries.See also: Independent city § National capitals The City of Westminster, to the west of the City of London, has for centuries hosted the national government and parliament. Since the 19th century, the name "London" has also referred to the metropolis around this core, historically split between the counties of Middlesex, Essex, Surrey, Kent, and Hertfordshire, which largely comprises Greater London, governed by the Greater London Authority.The Greater London Authority consists of the Mayor of London and the London Assembly. The London Mayor is distinguished from the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Leonard Hoffmann QC
Leonard Hubert "Lennie" Hoffmann, Baron Hoffmann (born 8 May 1934) is a retired senior South African–British judge. He served as a Lord of Appeal in Ordinary from 1995 to 2009. Well known for his lively decisions and willingness to break with convention, he has had an especially large impact on the interpretation of contracts, shareholder actions in UK company law, in restricting tort liability for public authorities, human rights and intellectual property law, in particular patents. Currently, he serves as a Non-Permanent Judge of the Court of Final Appeal of Hong Kong. Early life Born 8 May 1934 in Cape Town, Leonard Hubert Hoffmann was the son of a well-known solicitor who co-founded what has become Africa's largest law firm, Edward Nathan Sonnenbergs. Education He was educated at the University of Cape Town and then attended The Queen's College, Oxford, as a Rhodes Scholar, where he studied for the BCL degree and won the Vinerian Scholarship. Between 1961 and 197 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Photo Production Ltd V Securicor Transport Ltd
is an English contract law case decided by the House of Lords on construction of a contract and the doctrine of fundamental breach. Facts Photo Productions Ltd engaged Securicor to guard their premises at night. A night-watchman, Mr Musgrove, started a fire in a brazier at Photo Production's factory to keep himself warm. The fire spread accidentally and the Photo Productions plant was totally destroyed by fire, causing £648,000-worth of damage. When Photo Productions sued, Securicor argued that an exemption clause in the contract excused liability. The clause provided: "under no circumstances shall Securicor be responsible for any injurious act or default by any employee… unless such act or default could have been foreseen and avoided by the exercise of due diligence on the part of ecuricor" Photo Productions argued that the clause could not apply under the doctrine of fundamental breach, that the breach of the contract went to the root of the contract, it invalidated the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nigel Bridge, Baron Bridge Of Harwich
Nigel Cyprian Bridge, Baron Bridge of Harwich, PC (26 February 1917 − 20 November 2007) was a British judge, who served as Lord of Appeal in Ordinary between 1980 and 1992. A leading appellate judge, Bridge is also remembered for having presided over the Birmingham Six trial. Early life Bridge was born in Codicote, Hertfordshire, the second son of Commander Cyprian Dunscomb Charles Bridge, Royal Navy, and of Gladys Bridge, ''née'' Steel, the daughter of a Lancashire cotton manufacturer. He never met his father, who had abandoned his mother shortly after his birth. He was the younger brother of Anthony Bridge, later Dean of Guildford. He followed his elder brother to Marlborough College, with a scholarship. Disliking the school, he went to Europe, where he learned French and German. Returning to Britain, he worked as a journalist on regional newspapers in Lancashire, and wrote an unpublished novel. He volunteered to join the Fleet Air Arm before the Second World War bro ... [...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] |
Lord Diplock
William John Kenneth Diplock, Baron Diplock, (8 December 1907 – 14 October 1985) was a British barrister and judge who served as a lord of appeal in ordinary between 1968 and until his death in 1985. Appointed to the English High Court in 1956 and the Court of Appeal five years later, Diplock made important contributions to the development of constitutional and public law as well as many other legal fields. A frequent choice for governmental inquiries, he is also remembered for proposing the creation of the eponymous juryless Diplock courts. Of him, Lord Rawlinson of Ewell wrote that "to his generation Diplock was the quintessential man of the law". Early life and legal career Kenneth Diplock was born in South Croydon, the son of solicitor William John Hubert Diplock and his wife Christine Joan Diplock, ''née'' Brooke. He was educated at Whitgift School in Croydon and University College, Oxford, where he read chemistry and graduated with a second-class degree in 1929. H ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Inequality Of Bargaining Power
Inequality of bargaining power in law, economics and social sciences refers to a situation where one party to a bargain, contract or agreement, has more and better alternatives than the other party. This results in one party having greater power than the other to choose not to take the deal and makes it more likely that this party will gain more favourable terms and grant them more negotiating power (as they are in a better position to reject the deal). Inequality of bargaining power is generally thought to undermine the freedom of contract, resulting in a disproportionate level of freedom between parties, and that it represents a place at which markets fail. Where bargaining power is persistently unequal, the concept of inequality of bargaining power serves as a justification for the implication of mandatory terms into contracts by law, or the non-enforcement of a contract by the courts. Historical development The concept of inequality of bargaining power was long recognised, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gillespie Bros & Co Ltd V Roy Bowles Transport Ltd
''Gillespie Bros & Co Ltd v Roy Bowles Transport Ltd'' 9731 QB 400 is an English contract law case, concerning the interpretation of unfair contract terms. Facts Rennie Hogg Ltd hired a van and driver from Roy Bowles (the ‘carrier’) on a monthly basis under the Road Haulage Association’s Conditions of Carriage 1967. Clause 3(4) said Rennie Hogg would ‘keep the carrier indemnified against all claims or demands whatsoever by whomsoever made in excess of the liability of the carrier under these conditions’ and clause 12 limited the liability to the value of one consignment. Gillespie Bros had three gold watched transported by Rennie Hogg, but they were stolen at Heathrow, on the way between Switzerland and Jamaica, out the back of the van while the driver was signing for it in the warehouse. Gillespie Bros brought a claim against Roy Bowles. Browne J awarded £1008 in damages, finding that Roy Bowles employee was negligent. Roy Bowles brought proceedings to be indemnifi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alderslade V Hendon Laundry Ltd
''Alderslade v Hendon Laundry Ltd'' 945KB 189 is an English contract law case, concerning the construction of exemption clauses, and the ''contra proferentem principle. Facts Ten large handkerchiefs were lost by the laundry. It argued that its liability was limited by a clause in the contract which read: ‘The maximum amount allowed for lost or damaged articles is twenty times the charge made for laundering.’ That was 11s 5d, about one tenth of the cost of the handkerchiefs at £5. The judge held that the claim succeeded, and Hendon Laundry Ltd appealed. Judgment The Court of Appeal of England and Wales The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Senior Courts of England and Wales, and second in the legal system of England and Wales only to ... held the limitation clause did apply, because although negligence was not mentioned, the defendants could only have been lia ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Levison V Patent Steam Carpet Cleaning Co Ltd
Levison is a surname. Notable people with the surname include: * Alan Wendell Levison, birth name of Alan Wendell Livingston (1917–2009), American music executive * Catherine Levison, American writer and public speaker * David Levison (1919–2012), Scottish minister * Ejnar Levison (1880–1970), Danish fencer * Harold F. Levison (born 1959), planetary scientist * Iain Levison (born 1963), Scottish-American writer * Jay Livingston (born ''Jacob Harold Levison'', 1915–2001), songwriter * Levison Wood (born 1982), British Army officer and explorer * Mary Levison, (1923–2011), Church of Scotland minister * Nat Levison, British actor * Sarah Rachel Russell (1814–1880), British con artist who went by Levison * Stanley Levison (1912–1979), American businessman * Wilhelm Levison (1876–1947), German medievalist See also * Leveson Leveson is a surname. The name as printed can represent two quite different etymologies and pronunciations: #A Leveson family who were Merc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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