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Hartley V Ponsonby
''Hartley v Ponsonby'' 85726 LJ QB 322 is a leading judgment on the subject of consideration in English contract law. The judgment constituted an amendment to the precedent set by ''Stilk v Myrick''809EWHC KB J58 that allowed contractual duties to be considered valid consideration for a future contract if the duties had changed to the extent that the original contract is considered discharged. Facts Hartley was contracted to crew a ship owned by Ponsonby. After docking, seventeen of the thirty-six man crew deserted, and only six of the remaining men were competent seamen.McKendrick (2007) 97 With so many crew members missing it was unsafe for the remaining crew to continue the voyage, but they agreed to do so after being promised extra pay once the ship docked. When the ship arrived at the home port, Ponsonby refused to pay the crewmen the extra wages he had promised. Judgment Lord Campbell CJ decided that although ''Stilk v Myrick'' 809 __NOTOC__ Year 809 (Roman numerals, D ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Consideration Under English Law
Consideration is an English common law concept within the law of contract, and is a necessity for simple contracts (but not for special contracts by deed). The concept of consideration has been adopted by other common law jurisdictions, including the US. Consideration can be anything of value (such as any goods, money, services, or promises of any of these), which each party gives as a quid pro quo to support their side of the bargain. Mutual promises constitute consideration for each other. If only one party offers consideration, the agreement is a "bare promise" and is unenforceable. Value According to ''Currie v Misa'', consideration for a particular promise exists where some ''right'', ''interest'', ''profit'' or ''benefit'' accrues (''or will accrue'') to the promisor as a direct result of some ''forbearance'', ''detriment'', ''loss'' or ''responsibility'' that has been given, suffered or undertaken by the promisee. Forbearance to act amounts to consideration only if one is ... [...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] |
Precedent
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value on deciding cases according to consistent principled rules, so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. The principle by which judges are bound to precedents is known as ''stare decisis'' (a Latin phrase with the literal meaning of "to stand in the-things-that-have-been-decided"). Common-law precedent is a third kind of law, on equal footing with statutory law (that is, statutes and codes enacted by legislative bodies) and subordinate legislation (that is, regulations promulgated by executive branch agencies, in the form of delegated legislation) in UK parlance – or regulatory law (in US parlance). Case law, in common-law jurisdictions, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stilk V Myrick
''Stilk v Myrick'' King's_Bench_on_the_subject_of_809EWHC_KB_J58is_an_English_contract_law_case_heard_in_the_Court_of_King's_Bench_(England)">King's_Bench_on_the_subject_of_Consideration_under_English_law">consideration._In_his_verdict,_the_judge,_Edward_Law,_1st_Baron_Ellenborough.html" "title="Consideration_under_English_law.html" "title="English contract law">809EWHC KB J58is an English contract law case heard in the Court of King's Bench (England)">King's Bench on the subject of Consideration under English law">consideration. In his verdict, the judge, Edward Law, 1st Baron Ellenborough">Lord Ellenborough decided that in cases where an individual was bound to do a duty under an existing contract, that duty could not be considered valid consideration for a new contract. It has been distinguished from ''Williams v Roffey Bros & Nicholls (Contractors) Ltd'', which suggested that situations formerly handled by consideration could instead be handled by the doctrine of economic d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1857 In Case Law
Events January–March * January 1 – The biggest Estonian newspaper, ''Postimees'', is established by Johann Voldemar Jannsen. * January 7 – The partly French-owned London General Omnibus Company begins operating. * January 9 – The 7.9 Fort Tejon earthquake shakes Central and Southern California, with a maximum Mercalli intensity of IX (''Violent''). * January 24 – The University of Calcutta is established in Calcutta, as the first multidisciplinary modern university in South Asia. The University of Bombay is also established in Bombay, British India, this year. * February 3 – The National Deaf Mute College (later renamed Gallaudet University) is established in Washington, D.C., becoming the first school for the advanced education of the deaf. * February 5 – The Federal Constitution of the United Mexican States is promulgated. * March – The Austrian garrison leaves Bucharest. * March 3 ** France and the United Kingdom formall ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1857 In British Law
Events January–March * January 1 – The biggest Estonian newspaper, '' Postimees'', is established by Johann Voldemar Jannsen. * January 7 – The partly French-owned London General Omnibus Company begins operating. * January 9 – The 7.9 Fort Tejon earthquake shakes Central and Southern California, with a maximum Mercalli intensity of IX (''Violent''). * January 24 – The University of Calcutta is established in Calcutta, as the first multidisciplinary modern university in South Asia. The University of Bombay is also established in Bombay, British India, this year. * February 3 – The National Deaf Mute College (later renamed Gallaudet University) is established in Washington, D.C., becoming the first school for the advanced education of the deaf. * February 5 – The Federal Constitution of the United Mexican States is promulgated. * March – The Austrian garrison leaves Bucharest. * March 3 ** France and the United Kingdom for ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Consideration 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Enforceability 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
