Henderson V Merrett
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Henderson V Merrett
''Henderson v Merrett Syndicates Ltd'' 994UKHL 5was a landmark House of Lords case. It established the possibility of concurrent liability in both tort and contract. Facts Lloyd's of London, an insurance market, is organised in syndicates - groups who share the business, risk, and reward, of underwriting insurance policies and similar projects. The syndicate acts as a market which offers insurance on the one hand and investment opportunity on the other. The active business of a syndicate is run by underwriting agents. The liability of an investor (known as a "name") is unlimited - names share the profits but are also exposed to unlimited liability in the event of losses. In the present case, hurricanes in United States had led to unprecedented losses for insurers. After the hurricanes, Lloyd's called upon the investors to cover their share of these losses. Litigation followed in which the names sued the people running the underwriting agents for negligent management of the in ...
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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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Assumption Of Responsibility
Assumption, in Christianity, refers to the Assumption of Mary, a belief in the taking up of the Virgin Mary into heaven. Assumption may also refer to: Places * Assumption, Alberta, Canada * Assumption, Illinois, United States ** Assumption Township, Christian County, Illinois * Assumption Island, Seychelles ** Assumption Island Airport * Assumption, Minnesota, United States * Assumption, Nebraska, United States * Assumption, Ohio, United States * Assumption Parish, Louisiana, United States Arts, entertainment, and media * "Assumption" (short story), a 1929 story by Samuel Beckett * Assumption of Moses, a Jewish apocryphal pseudepigraphical work of uncertain date and authorship Churches * Assumption Chapel, Minnesota, United States * Assumption of the Blessed Virgin Mary Church, Michigan, United States * Assumption – St. Paul, New York, United States * Cathedral of the Assumption (other) * Church of the Assumption (other) Logic * Closed-world assumpt ...
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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 Tort 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 * Engli ...
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English Contract 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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French Law
The Law of France refers to the legal system in the French Republic, which is a civil law legal system primarily based on legal codes and statutes, with case law also playing an important role. The most influential of the French legal codes is the Napoleonic Civil Code, which inspired the civil codes of Europe and later across the world. The Constitution of France adopted in 1958 is the supreme law in France. European Union law is becoming increasingly important in France, as in other EU member states. In academic terms, French law can be divided into two main categories: private law (''Droit privé'') and public law (''droit public''). This differs from the traditional common law concepts in which the main distinction is between criminal law and civil law. Private law governs relationships between individuals. It includes, in particular: * Civil law ('). This branch refers to the field of private law in common law systems. This branch encompasses the fields of inheritance ...
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La Règle De Non-cumul
''La règle de non-cumul'' is a principle of French law which regulates whether an action should be brought under contract law (''la responsibilité civile'') or tort law (''la responsibilité delictuelle''). It states that where there is a contract, an action can only be brought under contract law and when there is no contract an action can only be brought under tort law. See also * Henderson v Merrett Syndicates Ltd, a House of Lords The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminste ... decision which acknowledged that this rule does not exist in English law. References * Droit Civil, Brigitte Hess-Fallon - (2005) 8eme edition. French business law {{Europe-law-stub ...
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Murphy V Brentwood District Council
was a judicial decision of the House of Lords in relation to recovery for pure economic loss in tort. The court overruled the decision ''Anns v Merton London Borough Council'' with respect to duty of care in English law. Facts A builder failed to build proper foundations to a house. The defendant local authority, approving the building for its building regulations, failed to recognise the problem. When the building became dangerously unstable, the claimant, being unable to raise any money for repairs and choosing not to sue anyone at that stage therefore had to sell the house at a considerable loss. He sought to recover his loss from Brentwood District Council, but this action failed as the loss, the deflated value he obtained for the house, was classed as a pure economic loss. Judgment The House of Lords overruled ''Anns'' and held that the council was not liable in the absence of physical injury. Also, the case of '' Dutton v Bognor Regis UDC'' was disapproved. This jud ...
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Lord Devlin
Patrick Arthur Devlin, Baron Devlin, PC, FBA (25 November 1905 – 9 August 1992) was a British judge and legal philosopher. The second-youngest English High Court judge in the 20th century, he served as a Lord of Appeal in Ordinary from 1960 to 1964. In 1959, Devlin headed the Devlin Commission, which reported on the State of Emergency declared by the colonial governor of Nyasaland. In 1985 he became the first British judge to write a book about a case he had presided over, the 1957 trial of suspected serial killer John Bodkin Adams.Devlin, Patrick; "Easing the Passing", London, The Bodley Head, 1985 Devlin was involved in the debate about homosexuality in British law; in response to the Wolfenden report, he argued, contrary to H. L. A. Hart, that a common public morality should be upheld. Devlin's daughter Clare, then aged 81, said in 2021 that her father had sexually abused her from the age of 7 until her teens. Early life and education Patrick Devlin was born in ...
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Hedley Byrne
''Hedley Byrne & Co Ltd v Heller & Partners Ltd'' 964AC 465 is an English tort law case on economic loss in English tort law resulting from a negligent misstatement. Prior to the decision, the notion that a party may owe another a duty of care for statements made in reliance had been rejected, with the only remedy for such losses being in contract law. The House of Lords overruled the previous position, in recognising liability for pure economic loss not arising from a contractual relationship, applying to commercial negligence the principle of "assumption of responsibility". Facts Hedley Byrne were a firm of advertising agents. A customer, Easipower Ltd, put in a large order. Hedley Byrne wanted to check their financial position, and creditworthiness, and so asked their bank, to get a report from Easipower’s bank, Heller & Partners Ltd., who replied in a letter that was headed, "without responsibility on the part of this bank" ...Easipower is, "considered good for its o ...
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Tai Hing Cotton Mill Ltd V Liu Chong Hing Bank Ltd
Tai or TAI may refer to: Arts and entertainment *Tai (comics) a fictional Marvel Comics supervillain *Tai Fraiser, a fictional character in the 1995 film ''Clueless'' *Tai Kamiya, a fictional character in ''Digimon'' Businesses and organisations * Avianca El Salvador, an airline, ICAO code TAI * The Australia Institute, a left-wing think tank * Transports Aériens Intercontinentaux (TAI), a defunct French airline * Turkish Aerospace Industries (TAI) Ethnic groups and languages *Tai peoples *Tai languages * Tai language (New Guinea) People *Tai (given name), including a list of people with the name *Tai (surname), including a list of people with the name *Dai (surname), a Chinese surname also spelled Tai, including a list of people with the name *Tai, the artist name of poet and painter Kambara Yasushi (1899–1997) Places *Tai (city), a former settlement in China during the Xia dynasty * Tai, Ardabil, Iran *Tai, Lorestan, Iran * Tai, Rivers, Nigeria * Taï, Ivory Coast *Lake ...
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