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Hirachand Punumchand V Temple
''Hirachand Punamchand v Temple'' 9112 KB 330 is often cited as one of the exceptions to the accord and satisfaction rule laid out in ''Foakes v Beer''. In that case, it is held that an agreement to accept part payment of a debt cannot validly discharge the entire debt. In Hirachand Punamchand v Temple, part payment of a debt is held to be valid because it is supplied by a third party and not the debtor (originally established in Cook v Lister (1863) 13 CBNS 543). Background The defendant, Lieutenant Temple had gotten indebted to money lenders (plaintiffs) issuing them a promissory note; after no money was forthcoming from Lieutenant Temple, the plaintiffs approached his father, Sir Richard Carnac Temple Richard is a male given name. It originates, via Old French, from Old Frankish and is a compound of the words descending from Proto-Germanic ''*rīk-'' 'ruler, leader, king' and ''*hardu-'' 'strong, brave, hardy', and it therefore means 'str ..., 2nd Baronet, and asked ... [...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] |
John Fletcher Moulton, Baron Moulton
John Fletcher Moulton, Baron Moulton, (18 November 1844 – 9 March 1921) was an English mathematician, barrister, judge and Liberal politician. He was a Cambridge Apostle. Early life Moulton was born in Madeley, Shropshire, England, as one of six children of a scholarly minister of the Wesleyan Methodist Church, James Egan Moulton. He was sent to Kingswood School at the age of 11 where he excelled at academic subjects. He achieved the top marks in the Oxford and Cambridge Local Examinations and achieved a scholarship to St John's College, Cambridge, graduating Senior Wrangler in 1868 and winning the Smith's Prize. He was at one point judged to be one of the twelve most intelligent men in the United Kingdom. Career After a brilliant mathematical career at Cambridge and election to a Fellowship, Moulton became a London barrister, specialising in patent law. He also experimented on electricity and was elected a Fellow of the Royal Society. A great advocate for medical ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roland Vaughan Williams
Sir Roland Bowdler Lomax Vaughan Williams (31 December 1838 – 8 December 1916) was an English lawyer and judge. From 1897 to 1914 he was a Lord Justice of the Court of Appeal. He was an authority on the laws of bankruptcy, and wrote a book that remained the standard English work on the subject for many years. Life and career Vaughan Williams was born in Kensington, London, the fifth son of the judge Sir Edward Vaughan Williams and his wife, Jane Margaret, ''née'' Bagot. Among his brothers was Arthur, who became a clergyman and was the father of the composer Ralph Vaughan Williams. He was educated at the Westminster School and Christ Church, Oxford, graduating in the year 1860."Williams, Rt Hon Sir Roland Lomax Bowdler Vaughan" ''Who Was Who'', Oxford University Press, 2014 retrieved 1 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Accord And Satisfaction
Accord and satisfaction is a contract law concept about the purchase of the release from a debt obligation. It is one of the methods by which parties to a contract may terminate their agreement. The release is completed by the transfer of valuable consideration that must not be the actual performance of the obligation itself. The accord is the agreement to discharge the obligation and the satisfaction is the legal "consideration" which binds the parties to the agreement. A valid accord does not discharge the prior contract; instead it suspends the right to enforce it in accordance with the terms of the accord contract, in which satisfaction, or performance of the contract will discharge both contracts (the original and the accord). If the creditor breaches the accord, then the debtor will be able to bring up the existence of the accord in order to enjoin any action against him. If a person is sued over an alleged debt, that person bears the burden of proving the affirmative defens ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Foakes V Beer
is an English contract law case, which applied the controversial pre-existing duty rule in the context of part payments of debts. It is a leading case from the House of Lords on the legal concept of consideration. It established the rule that prevents parties from discharging an obligation by part performance, affirming ''Pinnel's Case'' (1602) 5 Co Rep 117a. In that case it was said that "payment of a lesser sum on the day .e., on or after the due date of a money debtcannot be any satisfaction of the whole." Facts The appellant, Dr John Weston Foakes, owed the respondent, Julia Beer, a sum of £2,090 19s after a court judgment. Beer agreed that she would not take any action against Foakes for the amount owed if he would sign an agreement promising to pay an initial sum of £500 (£52,615.38 in 2012 adjusted for inflation) and pay £150 twice yearly until the whole amount was paid back. Foakes was in financial difficulty and, with the help of his solicitor, drew up an agreement ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Richard Carnac Temple
Richard is a male given name. It originates, via Old French, from Old Frankish and is a compound of the words descending from Proto-Germanic ''*rīk-'' 'ruler, leader, king' and ''*hardu-'' 'strong, brave, hardy', and it therefore means 'strong in rule'. Nicknames include "Richie", "Dick", "Dickon", " Dickie", "Rich", "Rick", "Rico", "Ricky", and more. Richard is a common English, German and French male name. It's also used in many more languages, particularly Germanic, such as Norwegian, Danish, Swedish, Icelandic, and Dutch, as well as other languages including Irish, Scottish, Welsh and Finnish. Richard is cognate with variants of the name in other European languages, such as the Swedish "Rickard", the Catalan "Ricard" and the Italian "Riccardo", among others (see comprehensive variant list below). People named Richard Multiple people with the same name * Richard Andersen (other) * Richard Anderson (other) * Richard Cartwright (other) * R ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1911 In British Law
A notable ongoing event was the race for the South Pole. Events January * January 1 – A decade after federation, the Northern Territory and the Australian Capital Territory are added to the Commonwealth of Australia. * January 3 ** 1911 Kebin earthquake: An earthquake of 7.7 moment magnitude strikes near Almaty in Russian Turkestan, killing 450 or more people. ** Siege of Sidney Street in London: Two Latvian anarchists die, after a seven-hour siege against a combined police and military force. Home Secretary Winston Churchill arrives to oversee events. * January 5 – Egypt's Zamalek SC is founded as a general sports and Association football club by Belgian lawyer George Merzbach as Qasr El Nile Club. * January 14 – Roald Amundsen's South Pole expedition makes landfall, on the eastern edge of the Ross Ice Shelf. * January 18 – Eugene B. Ely lands on the deck of the USS ''Pennsylvania'' stationed in San Francisco harbor, the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal (England And Wales) Cases
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordinar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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