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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] |
Judicial Functions Of The House Of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, it for many centuries had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England. Appeals were technically not to the House of Lords, but rather to the King-in-Parliament. In 1876, the Appellate Jurisdiction Act devolved the appellate functions of the House to an Appellate Committee, composed of Lords of Appeal in Ordinary (informally referred to as Law Lords). They were then appointed by the Lord Chancellor in the same manner as other judges. During the 20th and early 21st century, the judicial functions were gradually removed. Its final trial of a peer was in 1935, and in 1948, the use of special courts for such trials was abolished. The procedure of impeachment became seen as obsolete. In 2009, t ... [...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] |
1892 In Case Law
Year 189 ( CLXXXIX) was a common year starting on Wednesday (link will display the full calendar) of the Julian calendar. At the time, it was known as the Year of the Consulship of Silanus and Silanus (or, less frequently, year 942 '' Ab urbe condita''). The denomination 189 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 * Plague (possibly smallpox) kills as many as 2,000 people per day in Rome. Farmers are unable to harvest their crops, and food shortages bring riots in the city. China * Liu Bian succeeds Emperor Ling, as Chinese emperor of the Han Dynasty. * Dong Zhuo has Liu Bian deposed, and installs Emperor Xian as emperor. * Two thousand eunuchs in the palace are slaughtered in a violent purge in Luoyang, the capital of Han. By topic Arts and sciences * Galen publishes his ''"Treatise on the various temperaments"'' (aka ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Leduc V Ward
''Leduc v Ward'' is a leading English case on deviation within the law of carriage of goods by sea. The case also addresses bills of lading, and the parol evidence rule. Facts A vessel was to carry a cargo of rape seed from Fiume (now Rijeka) to Dunkirk, the itinerary made explicit in the bill of lading. Before reaching Dunkirk, the master deviated to Scotland where the ship sank in a storm off the mouth of the River Clyde. When the cargo-owner (the indorsee of the bill of lading) sued, the shipowners sought to rely on the perils of the sea exception in the bill. When it was pointed out that deviation annuls such protection, the shipowners contended that the deviation was justified since the shippers were aware at the time of shipment of the intention to call at Glasgow (a fact which the shipper acknowledged). The shipowners also argued that the ship would inevitably have been lost anyway, as there were storm conditions off Dunkirk as well as in the Firth of Clyde. Judgment ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Consumer Rights Act 2015
The Consumer Rights Act 2015 is an Act of Parliament of the United Kingdom that consolidates existing consumer protection law legislation and also gives consumers a number of new rights and remedies. Provisions for secondary ticketing and lettings came into force on 27 May 2015, and provisions for alternative dispute resolution (ADR) came into force on 9 July 2015 as per the EU Directive on consumer ADR. Most other provisions came into force on 1 October 2015. In respect of contracts under which a trader provides goods or services to a consumer, the Act replaces the Sale of Goods Act, Unfair Terms in Consumer Contracts Regulations 1999 and the Supply of Goods and Services Act 1982, making some changes to rights to return faulty goods for refund, replacement or repair, and adding new rights on the purchase of digital content. The Act is split into three parts: *Part 1 concerns consumer contracts for goods, digital content and services. *Part 2 concerns unfair terms. *Part 3 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unfair Contract Terms Act 1977
The Unfair Contract Terms Act 1977c 50 is an Act of Parliament of the United Kingdom which regulates contracts by restricting the operation and legality of some contract terms. It extends to nearly all forms of contract and one of its most important functions is limiting the applicability of disclaimers of liability. The terms extend to both actual contract terms and notices that are seen to constitute a contractual obligation. The Act renders terms excluding or limiting liability ineffective or subject to reasonableness, depending on the nature of the obligation purported to be excluded and whether the party purporting to exclude or limit business liability, acting against a ''consumer''. It is normally used in conjunction with the Unfair Terms in Consumer Contracts Regulations 1999 (Statutory Instrument 1999 No. 2083), as well as the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982. The Law Commission and the Scottish Law Commission have recommended that ... [...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] |
Harbutt's "Plasticine" Ltd V Wayne Tank And Pump Co Ltd
''Harbutt's "Plasticine" Ltd v Wayne Tank and Pump Co Ltd'' 970 is an English contract law case involving the quantum of damages and the concept of fundamental breach. It was heard in the Court of Appeal by Lord Denning MR, Widgery LJ and Cross LJ. The concept of fundamental breach has not proved to be durable, and that aspect of this case was disapproved in the House of Lords' decision in '' Photoproductions v Securicor''. The case The plaintiff company engaged the defendants to design and install in their factory, an old mill, a pipe system to convey hot molten wax used in the production of Plasticine. The defendants unwisely chose to use plastic piping. Once installed, the defendants chose to initiate the new system at night, but without any supervision. The system had a faulty thermostat and molten wax overheated. The plastic pipes melted and the molten wax escaped and caught fire, causing a huge conflagration. By the morning, the entire factory was destroyed. This led to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Suisse Atlantique Societe D'Armament SA V NV Rotterdamsche Kolen Centrale
''Suisse Atlantique Societe d'Armament SA v NV Rotterdamsche Kolen Centrale'' 9671 AC 361 is a landmark English contract law decision of the House of Lords, concerning the notions of fundamental breach of contract and inequality of bargaining power. It was subsequently upheld by another House of Lords case, '' Photoproductions v Securicor'', and together these two cases form the definitive statement of the common law prior to the Unfair Contract Terms Act 1977. Facts The case involved a two-year time charter to export coal from Europe to the USA. The ship was to make as many trips as possible, and the owners were to be paid an agreed freight rate according to the amount of cargo carried. If the laytime were exceeded, the charterers were to pay demurrage of $1000 per day. Serious delays occurred because the charterers had difficulty both in getting cargo to the port, and in loading and unloading efficiently. Nevertheless, the shipowner did not cancel the contract, but allowed ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Karsales (Harrow) Ltd V Wallis
''Karsales (Harrow) Ltd v Wallis'' English Court of Appeal decision which established fundamental breach as a major English contract law doctrine. Denning LJ Master of the Rolls, MR gave the leading judgment replacing the Rule of Strict Construction, which require a literal approach to the construction of contract terms. The ''Karsales'' decision allowed a court to override exemption clauses in contracts, if it appears that such clauses undermined the "fundamental obligations" of the parties. Although the case was the leading case for a decade, it has since lost much of its significance. Facts Mr. Wallis viewed a used Buick car that was being sold by Stinton for £600. Wallis found the car to be in excellent condition, and agreed that he would buy the car if Stinton would arrange financing through a hire-purchase company. Karsales (Harrow) Ltd. bought the car and sold it to Mutual Finance Ltd., which then finally supplied the car to Wallis on hire-purchase terms. Wallis had not ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Herschell LC
Farrer Herschell, 1st Baron Herschell, (2 November 1837 – 1 March 1899), was Lord High Chancellor of Great Britain in 1886, and again from 1892 to 1895. Life Childhood and education Herschell was born on 2 November 1837 in Brampton, Hampshire. His parents were Helen Skirving Mowbray and the Rev. Ridley Haim Herschell, who was a native of Strzelno, in Prussian Poland. When Ridley was a young man, he converted from Judaism to Christianity and took a leading part in founding the British Society for the Propagation of the Gospel Among the Jews. He eventually settled down to the charge of a Nonconformist chapel near the Edgware Road, in London, where he ministered to a large congregation. Farrer was educated at a grammar school in South London and attended lectures at the University of Bonn as a teenager, where his family lived for six months in 1852. In 1857 he took his BA degree with honours in Greek and mathematics at University College London, University of London, receivin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
