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Holwell Securities Ltd V Hughes
''Holwell Securities Ltd v Hughes'' 9741 WLR 155 is an English contract law case overriding the usual postal rule. Ordinarily, a contractual offer can be deemed to be accepted when it leaves the offeree and enters the postal system but in this case, the original offer clearly stipulated the method by which acceptance was to take place, and this superseded the normal operation of postal rule. Facts The defendant, Dr Hughes, had granted an option with respect to his property at 571 High Road, Wembley, to the claimants, Holwell Securities Ltd, giving the claimants the irrevocable right to purchase the property during the option period for the specified sum. It contained a clause stipulating that there must be notice (here, receipt of the offer) in writing within six months in order to exercise the option. The claimants sent a letter on 14 April 1972Moles, R. N., (ed.)974">Networked Knowledge - Contract Law Casenotes: Holwell Securities Ltd v Hughes [19741 WLR 155 accessed 5 Septe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Frederick Lawton (judge)
Sir Frederick Horace Lawton (21 December 1911 – 3 February 2001) was a British barrister and judge who served as Lord Justice of Appeal from 1972 to 1986. Early life and career Frederick Lawton was born in Wandsworth, London, the son of William John Lawton and Ethel, ''née'' Hanley. His father, a former insurance agent, had joined the Prison Service, and became Governor of Wandsworth Prison, the first prison governor to rise from the ranks. He was educated at Battersea Grammar School and then at Corpus Christi College, Cambridge, where he took first-class honours in part one of the History tripos and an upper second-class honours in part two of the Law tripos. After flirting with Communism there, Lawton joined the British Union of Fascists and founded the Cambridge University Fascist Association. Early legal career Lawton was called to the bar at the Inner Temple in 1935, and joined the chambers of Norman Birkett — 1 Brick Court. As a junior barrister, he defended ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patrick Russell (judge)
Sir Thomas Patrick Russell PC (30 July 1926 – 28 October 2002), styled The Rt Hon Lord Justice Russell was a judge of the High Court of England and Wales and Lord Justice. Born in 1926, one of three brothers, all educated at Urmston Grammar School and all graduates of Manchester University, one of his brothers a chemist, the other a doctor. Patrick, the youngest, was called up in 1945 and served in the Intelligence Corps and the Royal Army Service Corps. He read law at Manchester University. A keen sportsman, and especially a cricketer, he captained the university's first eleven, continuing his lifelong passion for cricket. He was called to the Bar in 1949 and entered the chambers of Arthur Jalland in Manchester, (later Ship Canal House and subsequently Peel Court Chambers), and practised on the Northern circuit. He was prosecuting Counsel to the Post Office (1961–70), Assistant Recorder of Bolton (1963–70) and Recorder of Barrow-in-Furness (1970–71). He took sil ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Denys Buckley
Sir Denys Burton Buckley, MBE (6 February 1906 – 13 September 1998) was an English barrister and judge, rising to become a Lord Justice of Appeal. Personal life Denys Burton Buckley was born in Kensington, the son of Henry Burton Buckley, 1st Baron Wrenbury and Bertha Margaretta Jones. He was educated at Eton College and Trinity College, Oxford. He married Gwendolen Jane Armstrong-Jones (1905–1985), daughter of Sir Robert Armstrong-Jones and aunt of the Earl of Snowdon, on 23 July 1932. They had three daughters. During World War II, he served as a Major in the RAOC and GSO Directorate, Signals War Office, in respect of which he was awarded the US Medal of Freedom. Career He was called as a barrister Lincoln's Inn and practised from 11 Old Square, now Radcliffe Chambers. He was appointed as a Bencher in 1949, his arms were placed in the Hall in 1960, and he served as Treasurer in 1969. He was appointed as a High Court Judge in 1960 in the Chancery Division, and rece ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Posting Rule
The posting rule (or mailbox rule in the United States, also known as the "postal rule" or "deposited acceptance rule") is an exception to the general rule of contract law in common law countries that acceptance of an offer takes place when communicated. Under the posting rule, that acceptance takes effect when a letter is posted (that is, dropped in a post box or handed to a postal worker); the post office will be the universal service provider, such as the UK's Royal Mail, the Australia Post, or the United States Postal Service. In plain English, the "meeting of the minds" necessary to contract formation occurs at the exact moment word of acceptance is ''sent'' via post by the person accepting it, rather than when that acceptance is ''received'' by the person who offered the contract. The rules of contracts by post (postal rules) include the following: # An offer made by post/letter is not effective until received by the offeree. # Acceptance is effective as soon as it is post ... [...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] |
Postal Rule
The posting rule (or mailbox rule in the United States, also known as the "postal rule" or "deposited acceptance rule") is an exception to the general rule of contract law in common law countries that acceptance of an offer takes place when communicated. Under the posting rule, that acceptance takes effect when a letter is posted (that is, dropped in a post box or handed to a postal worker); the post office will be the universal service provider, such as the UK's Royal Mail, the Australia Post, or the United States Postal Service. In plain English, the "meeting of the minds" necessary to contract formation occurs at the exact moment word of acceptance is ''sent'' via post by the person accepting it, rather than when that acceptance is ''received'' by the person who offered the contract. The rules of contracts by post (postal rules) include the following: # An offer made by post/letter is not effective until received by the offeree. # Acceptance is effective as soon as it is post ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Option Contract
An option contract, or simply option, is defined as "a promise which meets the requirements for the formation of a contract and limits the promisor's power to revoke an offer". Option contracts are common in professional sports. An option contract is a type of contract that protects an offeree from an offeror's ability to revoke their offer to engage in a contract. Under the common law, consideration for the option contract is required as it is still a form of contract, cf. Restatement (Second) of Contracts § 87(1). Typically, an offeree can provide consideration for the option contract by paying money for the contract or by providing value in some other form such as by rendering other performance or forbearance. Courts will generally try to find consideration if there are any grounds for doing so. See consideration for more information. The Uniform Commercial Code (UCC) has eliminated a need for consideration for firm offers between merchants in some limited circumstances. Intr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Specific Performance
Specific performance is an equitable remedy in the law of contract, whereby a court issues an order requiring a party to perform a specific act, such as to complete performance of the contract. It is typically available in the sale of land law, but otherwise is not generally available if damages are an appropriate alternative. Specific performance is almost never available for contracts of personal service, although performance may also be ensured through the threat of proceedings for contempt of court. Specific performance is commonly used in the form of injunctive relief concerning confidential information or real property. While specific performance can be in the form of any type of forced action, it is usually to complete a previously established transaction, thus being the most effective remedy in protecting the expectation interest of the innocent party to a contract. It is usually the opposite of a prohibitory injunction, but there are mandatory injunctions that have a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sydney Templeman, Baron Templeman
Sydney William Templeman, Baron Templeman, MBE, PC (3 March 1920 – 4 June 2014) was a British judge. He served as a Lord of Appeal in Ordinary from 1982 to 1995. Early life and career Templeman was born on 3 March 1920, the son of Herbert William Templeman (a coal merchant) & his wife Lilian née Pheasant. He was educated at Southall Grammar School and St John's College, Cambridge, where he was a scholar and read History. His studies were interrupted by World War II. In 1941, he was commissioned into the 4 Gorkha Rifles, and saw action on the Northwest Frontier, at Arakan, Imphal, and Burma. For his wartime service, he was mentioned in dispatches, and was demobilised as an honorary Major, and then later appointed an MBE for his war service. After the War, he returned to Cambridge to finish his studies, and read Law. He was called to the bar by the Middle Temple, where he was a Harmsworth Scholar, but joined Lincoln's Inn ''ad eundem'' as a MacMahon Scholar. He also practiced ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Obiter Dictum
''Obiter dictum'' (usually used in the plural, ''obiter dicta'') is a Latin phrase meaning "other things said",''Black's Law Dictionary'', p. 967 (5th ed. 1979). that is, a remark in a legal opinion that is "said in passing" by any judge or arbitrator. It is a concept derived from English common law, whereby a judgment comprises only two elements: ''ratio decidendi'' and ''obiter dicta''. For the purposes of judicial precedent, ''ratio decidendi'' is binding, whereas ''obiter dicta'' are persuasive only. Significance A judicial statement can be ''ratio decidendi'' only if it refers to the crucial facts and law of the case. Statements that are not crucial, or which refer to hypothetical facts or to unrelated law issues, are ''obiter dicta''. ''Obiter dicta'' (often simply ''dicta'', or ''obiter'') are remarks or observations made by a judge that, although included in the body of the court's opinion, do not form a necessary part of the court's decision. In a court opinion, ''obiter ... [...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] |
Agreement In English Law
In English contract law, an agreement establishes the first stage in the existence of a contract. The three main elements of contractual formation are whether there is (1) offer and acceptance (agreement) (2) consideration (3) an intention to be legally bound. One of the most famous cases on forming a contract is ''Carlill v Carbolic Smoke Ball Company'', decided in nineteenth-century England. A medical firm advertised that its new wonder drug, a smoke ball, would cure people's flu, and if it did not, buyers would receive £100. When sued, Carbolic argued the ad was not to be taken as a serious, legally binding offer. It was merely an invitation to treat, and a gimmick. But the court of appeal held that it would appear to a reasonable man that Carbolic had made a serious offer. People had given good "consideration" for it by going to the "distinct inconvenience" of using a faulty product. "Read the advertisement how you will, and twist it about as you will," said Lindley LJ, "here ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
