Gibson V Manchester City Council
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Gibson V Manchester City Council
is an English contract law case in which the House of Lords strongly reasserted that agreement only exists when there is a clear offer mirrored by a clear acceptance. Facts Manchester City Council was being run by the Conservative Party, which was operating a policy of selling council houses to the occupants. Mr Gibson applied, on a form of the council, for details of his house price and mortgage terms. In February 1971, the Treasurer replied: The corporation may be prepared to sell the house to you at the purchase price of £2,725 less 20% = £2,180 (freehold)… This letter should not be regarded as a firm offer of a mortgage. If you would like to make formal application to buy your Council house please complete the enclosed application form and return it to me as soon as possible. In March 1971, Mr Gibson completed the application form with the exception of the date on which his lease was to end, and returned it to the council. The Labour Party returned to power in Manch ...
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House Of Lords
The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. The House of Lords scrutinises Bill (law), bills that have been approved by the House of Commons. It regularly reviews and amends bills from the Commons. While it is unable to prevent bills passing into law, except in certain limited circumstances, it can delay bills and force the Commons to reconsider their decisions. In this capacity, the House of Lords acts as a check on the more powerful House of Commons that is independent of the electoral process. While members of the Lords may also take on roles as government ministers, high-ranking officials such as cabinet ministers are usually drawn from the Commons. The House of Lo ...
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Labour Party (UK)
The Labour Party is a political party in the United Kingdom that has been described as an alliance of social democrats, democratic socialists and trade unionists. The Labour Party sits on the centre-left of the political spectrum. In all general elections since 1922, Labour has been either the governing party or the Official Opposition. There have been six Labour prime ministers and thirteen Labour ministries. The party holds the annual Labour Party Conference, at which party policy is formulated. The party was founded in 1900, having grown out of the trade union movement and socialist parties of the 19th century. It overtook the Liberal Party to become the main opposition to the Conservative Party in the early 1920s, forming two minority governments under Ramsay MacDonald in the 1920s and early 1930s. Labour served in the wartime coalition of 1940–1945, after which Clement Attlee's Labour government established the National Health Service and expanded the welfa ...
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1979 In British Law
Events January * January 1 ** United Nations Secretary-General Kurt Waldheim heralds the start of the ''International Year of the Child''. Many musicians donate to the ''Music for UNICEF Concert'' fund, among them ABBA, who write the song ''Chiquitita'' to commemorate the event. ** The United States and the People's Republic of China establish full diplomatic relations. ** Following a deal agreed during 1978, French carmaker Peugeot completes a takeover of American manufacturer Chrysler's European operations, which are based in Britain's former Rootes Group factories, as well as the former Simca factories in France. * January 7 – Cambodian–Vietnamese War: The People's Army of Vietnam and Vietnamese-backed Cambodian insurgents announce the fall of Phnom Penh, Cambodia, and the collapse of the Pol Pot regime. Pol Pot and the Khmer Rouge retreat west to an area along the Thai border, ending large-scale fighting. * January 8 – Whiddy Island Disaster: The Fren ...
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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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English Agreement Case Law
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community * Englis ...
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Butler Machine Tool Co Ltd V Ex-Cell-O Corp Ltd
''Butler Machine Tool Co Ltd v Ex-Cell-O Corp (England) Ltd'' 977EWCA Civ 9 is a leading English contract law case. It concerns the problem found among some large businesses, with each side attempting to get their preferred standard form agreements to be the basis for a contract. Facts Butler Machine Tool Co Ltd made and sold machine tools. They sent a letter to Ex-Cell-O on May 23, 1969, offering Ex-Cell-O some new machinery for £75,535. With it were Butler's standard contract terms. These included a price variation clause so that if their manufacturing costs went up, the price rise would be passed on to Ex-Cell-O. Ex-Cell-O replied on May 27 and said they would order the machinery, but on Ex-Cell-O's own standard terms. Ex-Cell-O's standard terms did not have a price variation clause. Butler replied on June 5. It replied on the tear-off slip from Ex-Cell-O's terms. At the bottom of this slip it read, "We accept your order on the terms and conditions stated therein." But Butler ...
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Hard Cases Make Bad Law
Hard cases make bad law is an adage or legal maxim meaning that an extreme case is a poor basis for a general law that would cover a wider range of less extreme cases. In other words, a general law is better drafted for the average circumstance as this will be more common. The original meaning of the phrase concerned cases in which the law had a hard impact on some person whose situation aroused sympathy. The expression dates at least to 1837. It was used in 1904 by US Supreme Court Justice Oliver Wendell Holmes Jr. Its validity has since been questioned and dissenting variations include the phrase "Bad law makes hard cases", and even its opposite, "Hard cases make good law". Discussion The maxim dates at least to 1837, when a judge, ruling in favor of a parent against the maintenance of her children, said, "We have heard that hard cases make bad law." The judge's wording suggests that the phrase was not new then. Oliver Wendell Holmes Jr. made a utilitarian argument for this in ...
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Court Of Appeal Judge (England And Wales)
A Lord Justice of Appeal or Lady Justice of Appeal is a judge of the Court of Appeal of England and Wales, the court that hears appeals from the High Court of Justice, the Crown Court and other courts and tribunals. A Lord (or Lady) Justice of Appeal is the second highest level of judge in the courts of England and Wales. Despite the title, and unlike the former Lords of Appeal in Ordinary (who were judges of still higher rank), they are not peers. Appointment The number of Lord Justices of Appeal was fixed at five by the Supreme Court of Judicature Act, 1881, but has since been increased. Judges of the Court of Appeal of England and Wales are selected from the ranks of senior judges, in practice High Court judges with lengthy experience, appointed by the Monarch on the recommendation of the Prime Minister. The appointment is open to all types of civilians, including ministers of state and members of parliament. Jurisdiction Applications for permission to appeal a ru ...
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Geoffrey Lane, Baron Lane
Geoffrey Dawson Lane, Baron Lane, (17 July 1918 – 22 August 2005) was a British Judge who served as Lord Chief Justice of England from 1980 to 1992. The later part of his term was marred by a succession of disputed convictions. Lane's critics claimed that his refusal to believe that police evidence could be institutionally corrupt, and his reluctance to overturn the verdict of a jury, "represented a dangerous hindrance to justice". His failure to allow the appeal of the Birmingham Six in 1988 led to calls for his resignation following their successful appeal in 1991; an editorial in ''The Times'' "urged him to go", while 140 members of parliament signed a House of Commons motion to that effect. Early life The son of a bank manager, Lane was born in Derby. He attended Shrewsbury School and Trinity College, Cambridge where he took Firsts in Part I of the Classical Tripos before the Second World War and both parts of the Law Tripos after he was demobilized. During the war, he s ...
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Master Of The Rolls
The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the President of the Court of Appeal (England and Wales)#Civil Division, Civil Division of the Court of Appeal of England and Wales and Head of Civil Justice. As a judge, the Master of the Rolls is second in seniority in England and Wales only to the Lord Chief Justice of England and Wales, Lord Chief Justice. The position dates from at least 1286, although it is believed that the office probably existed earlier than that. The Master of the Rolls was initially a clerk responsible for keeping the "Rolls" or records of the Court of Chancery, and was known as the Keeper of the Rolls of Chancery. The Keeper was the most senior of the dozen Chancery clerks, and as such occasionally acted as keeper of the Great Seal of the Realm. The post evolved into a judicial one as the Court of Chancery did; the first reference to judicial duties dates from 1520. With the Supreme Court of ...
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Lord Denning
Alfred Thompson "Tom" Denning, Baron Denning (23 January 1899 – 5 March 1999) was an English lawyer and judge. He was called to the bar of England and Wales in 1923 and became a King's Counsel in 1938. Denning became a judge in 1944 when he was appointed to the Probate, Divorce and Admiralty Division of the High Court of Justice, and transferred to the King's Bench Division in 1945. He was made a Lord Justice of Appeal in 1948 after less than five years in the High Court. He became a Lord of Appeal in Ordinary in 1957 and after five years in the House of Lords returned to the Court of Appeal as Master of the Rolls in 1962, a position he held for twenty years. In retirement he wrote several books and continued to offer opinions on the state of the common law through his writing and his position in the House of Lords. Margaret Thatcher said that Denning was "probably the greatest English judge of modern times". Denning's appellate work in the Court of Appeal did not concern ...
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Court Of Appeal (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 the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lord Chief Justice and the Master of the Rolls and Records of the Chancery of England respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court, High Court of Justice and Family Court. Permission to appeal is normally required from either the lower court or the Court of Appeal itself; and with permission, further appeal may lie to the Supreme Court. The C ...
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