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Henthorn V Fraser
''Henthorn v Fraser'' 8922 Ch 27 is a decision of the Court of Appeal of England and Wales dealing with the postal rule in English law of contract formation. Facts The defendant and the claimant were situated at Liverpool and Birkenhead respectively. The defendant called at the office of the claimant in order to negotiate the purchase of some houses. The defendant handed the claimant a note giving him the option to purchase some houses within 14 days. On the next day, the defendant withdrew the offer by post, but his withdrawal did not reach the claimant until 5 P.M. Meanwhile, the claimant responded by post with an unconditional acceptance of the offer, which was delivered to the defendant after its office had closed. The letter was opened by the defendant the next morning. Judgement The Court of Appeal ordered that the claimant was entitled to specific performance. Lord Herschell argued: "Where the circumstances are such that it must have been within the contemplation of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of 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 Courts of England and Wales#Senior Courts of England and Wales, 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 of England and Wales, Lord Chief Justice and the Master of the Rolls, 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 (England and Wales), County Court, High Court of Justice and Family Court (England and Wales ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Offer And Acceptance
Offer and acceptance are generally recognised as essential requirements for the formation of a contract, and analysis of their operation is a traditional approach in contract law. The offer and acceptance formula, developed in the 19th century, identifies a moment of formation when the parties are of one mind. This classical approach to contract formation has been modified by developments in the law of estoppel, misleading conduct, misrepresentation, unjust enrichment, and power of acceptance. Offer Treitel defines an offer as "an expression of willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed", the "offeree". An offer is a statement of the terms on which the offeror is willing to be bound. It is the present contractual intent to be bound by a contract with definite and certain terms communicated to the offeree. The expression of an offer may take different forms and w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...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] |
Household Fire Insurance Co V
A household consists of two or more persons who live in the same dwelling. It may be of a single family or another type of person group. The household is the basic unit of analysis in many social, microeconomic and government models, and is important to economics and inheritance. Household models include families, blended families, shared housing, group homes, boarding houses, houses of multiple occupancy (UK), and single room occupancy (US). In feudal societies, the royal household and medieval households of the wealthy included servants and other retainers. Government definitions For statistical purposes in the United Kingdom, a household is defined as "one person or a group of people who have the accommodation as their only or main residence and for a group, either share at least one meal a day or share the living accommodation, that is, a living room or sitting room". The introduction of legislation to control houses of multiple occupations in the UK Housing Act (20 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dunlop V
Dunlop may refer to: Companies * Name derived from John Boyd Dunlop (1840–1921) ** Dunlop Rubber, manufacturer of tyre and rubber products from 1889 to 1985 ** Dunlop Tyres, manufacturer of tyres since 1985 ** Dunlop Sport, a brand of sporting goods ** Dunlop Sport (Australia) ** For other companies with the Dunlop name, see Dunlop (brands) * Dunlop Manufacturing, also known as "Jim Dunlop", a music supplies company * Dunlop Standard Aerospace Group (currently, "Standard Aero") Places * Dunlop, Australian Capital Territory, a suburb of Canberra, Australia * Dunlop, East Ayrshire, a Scottish village * Fort Dunlop, in Birmingham, England, once the main factory and head office of Dunlop Rubber * Dunlop, Kolkata, neighbourhood in Baranagar, Kolkata * Sahaganj, base of Dunlop India People * Dunlop (surname) Other * Dunlop valve, a valve stem still widely used on bicycle tires in many countries * Dunlop cheese, made in Scotland See also *Dunlap (other) Dunlap may refer to: ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Adams V
Adams may refer to: * For persons, see Adams (surname) Places United States *Adams, California *Adams, California, former name of Corte Madera, California *Adams, Decatur County, Indiana *Adams, Kentucky *Adams, Massachusetts, a New England town **Adams (CDP), Massachusetts, the central village in the town *Adams, Minnesota * Adams, North Dakota *Adams, Nebraska * Adams, New Jersey * Adams (town), New York ** Adams (village), New York, within the town * Adams, Oklahoma *Adams, Oregon * Adams, Pennsylvania, a former community in Armstrong County *Adams, Tennessee *Adams, Wisconsin, city in Adams County *Adams, Adams County, Wisconsin, town * Adams, Green County, Wisconsin, town * Adams, Jackson County, Wisconsin, town *Adams, Walworth County, Wisconsin, unincorporated community *Adams Center, Wisconsin, a ghost town Elsewhere *Adams (lunar crater) *Adams (Martian crater) *Adams Island, New Zealand, one of the Auckland Islands *Adams, Ilocos Norte Transportation ;Vehicles *Adams ( ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mailbox Rule
Mailbox may refer to: * Letter box (also known as a letter plate, letter hole, deed or mail slot), a private receptacle for ''incoming'' mail * Post box (also known as a drop box), a public receptacle for ''outgoing'' mail ** Pillar box, a freestanding post box in the United Kingdom and the Commonwealth * Email box, a destination for electronic messages * Mailbox (application), email management software for mobile devices * Mailbox Birmingham, a retail complex in Birmingham, England * ''The Mailbox'' (film), a short movie by the Church of Jesus Christ of Latter-day Saints * Message queue, a means of interprocess communication in software engineering * Pigeon-hole messagebox, also known as a cubbyhole, pigeon-hole or pidge * a square-centric method of addressing a game board in game playing computer automatons - see Board representation (computer chess) See also * * Mailbox baseball * Mail (other) * Box (other) A box is a container or package, usually with ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Adams V Lindsell
''Adams v Lindsell' is an English contract case regarded as the first case towards the establishment of the "postal rule" for acceptance of an offer. Ordinarily, any form of acceptance must be communicated expressly to an offeror; however, it was found that where a letter of acceptance is posted, an offer is accepted "in course of post". Facts The case involved two parties in the sale of wool. On 2 September, the defendants wrote to the plaintiffs offering to sell them certain fleeces of wool and requiring an answer in the course of post. The defendants misdirected the letter so that the plaintiffs did not receive it until 5 September.Beale (2002) p.221 The plaintiffs posted their acceptance on the same day but it was not received until 9 September. Meanwhile, on 8 September, the defendants, not having received an answer by 7 September as they had expected, sold the wool to someone else. The defendants argued that there could not be a binding contract until the answer was act ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract Law
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of the min ... [...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] |
Acceptance
Acceptance in human psychology is a person's assent to the reality of a situation, recognizing a process or condition (often a negative or uncomfortable situation) without attempting to change it or protest it. The concept is close in meaning to ''acquiescence'', derived from the Latin ''acquiēscere'' (to find rest in). Definition The term ''acceptance'' is a noun with various different meanings. When the person to whom a proposal is made signifies their assent, it is an "acceptance" of their offer, also called an agreement. For example, if someone gives a gift and another receives it, then they have accepted the gift; therefore, having acceptance. Another definition of acceptance has to do with positive welcome and belonging, favor, and endorsement. One approves of something. For instance, one can like someone and accept them due to their approval of that person. Another description is that acceptance can be an act of believing or assenting. The definition overlaps with ''tole ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
