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Hoenig V Isaacs
''Hoenig v Isaacs'' Somervell_LJ_upheld_the_decision_of_an_Official_Referee_at_first_instance,_His_Honour_Lionel_Leach.html" ;"title="English contract law">952EWCA Civ 6is an English contract law case concerning substantial performance of an entire obligation. Facts Mr Hoenig was contracted to decorate and furnish Mr Isaacs' flat for £750. When the work was done, there were problems with a bookcase and wardrobe, which would cost £55 to fix. Mr Isaacs refused to pay the £350 outstanding. Judgment Donald Somervell, Baron Somervell of Harrow">Somervell LJ upheld the decision of an Official Referee at first instance, His Honour Lionel Leach">Sir Lionel Leach, in finding there had been substantial compliance. He noted that each case turns on the construction of the contract. Where there is substantial performance of the contract, then money must be paid. The work was done, and then there was merely a damages claim in respect of the faulty parts. He noted the case was near the bo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Donald Somervell, Baron Somervell Of Harrow
Donald Bradley Somervell, Baron Somervell of Harrow, (24 August 1889 – 18 November 1960) was a British barrister, judge and Conservative Party politician. He served as Solicitor General and Attorney General from 1933 to 1945 and was briefly Home Secretary in Winston Churchill's 1945 caretaker government. Background, education and legal career Somervell was the son of Robert Somervell, master and bursar of Harrow School, and was educated at Harrow before reading Chemistry with a demyship at Magdalen College, Oxford, graduating with a First in 1911. In 1912 he was elected a prize fellow of All Souls College, Oxford, the first chemist to be elected. He then joined the Inner Temple, but his legal training was interrupted by the outbreak of the First World War. Commissioned into the British Army, he served with the Middlesex Regiment and the 53rd Brigade in India and Mesopotamia. For his war service, he was appointed OBE in 1919. Having been called to the bar ''in absentia'' in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Denning LJ
Alfred Thompson "Tom" Denning, Baron Denning (23 January 1899 – 5 March 1999) was an English lawyer and judge. He was call to the bar, called to the bar of England and Wales in 1923 and became a King's Counsel in 1938. Denning became a judge in 1944 when he was appointed to the Family Division, Probate, Divorce and Admiralty Division of the High Court of Justice, and transferred to the Queen's Bench Division, King's Bench Division in 1945. He was made a Lord Justice of Appeal in 1948 after less than five years in the High Court. He became a Lord of Appeal in Ordinary in 1957 and after five years in the Judicial functions of the House of Lords, House of Lords returned to the Court of Appeal as Master of the Rolls in 1962, a position he held for twenty years. In retirement he wrote several books and continued to offer opinions on the state of the common law through his writing and his position in the House of Lords. Margaret Thatcher said that Denning was "probably the grea ... [...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] |
Lionel Leach
Sir Alfred Henry Lionel Leach , KC (3 February 1883 – 26 January 1960) was a British judge who served as a judge of the Rangoon High Court from 1933 to 1937, Chief Justice of the Madras High Court from 1937 to 1947 and a member of the Judicial Committee of the Privy Council from 1949 to 1960. Early life and education Lionel Leach was born in Rochdale, the son of barrister Robert Alfred Leach on 3 February 1883. Lionel Leach was called to the bar in 1907. Career In 1933, Leach was appointed puisne judge of the Rangoon High Court. He served until 1937 when he was transferred to Madras as Chief Justice of the Madras High Court. He was knighted in the 1938 New Year Honours. The most important trial of his tenure was the Lakshmikanthan Murder Case and Leach presided over the sensational trial in 1944 in which M. K. Thyagaraja Bhagavathar and N. S. Krishnan were found guilty. Leach served until 1 February 1947 and was succeeded by William Gentle. In 1949, Leach took si ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jacob & Youngs V
Jacob (; ; ar, يَعْقُوب, Yaʿqūb; gr, Ἰακώβ, Iakṓb), later given the name Israel, is regarded as a patriarch of the Israelites and is an important figure in Abrahamic religions, such as Judaism, Christianity, and Islam. Jacob first appears in the Book of Genesis, where he is described as the son of Isaac and Rebecca, and the grandson of Abraham, Sarah, and Bethuel. According to the biblical account, he was the second-born of Isaac's children, the elder being Jacob's fraternal twin brother, Esau. Jacob is said to have bought Esau's birthright and, with his mother's help, deceived his aging father to bless him instead of Esau. Later in the narrative, following a severe drought in his homeland of Canaan, Jacob and his descendants, with the help of his son Joseph (who had become a confidant of the pharaoh), moved to Egypt where Jacob died at the age of 147. He is supposed to have been buried in the Cave of Machpelah. Jacob had twelve sons through four women, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cardozo J
Benjamin Nathan Cardozo (May 24, 1870 – July 9, 1938) was an American lawyer and jurist who served on the New York Court of Appeals from 1914 to 1932 and as an Associate Justice of the Supreme Court of the United States from 1932 until his death in 1938. Cardozo is remembered for his significant influence on the development of American common law in the 20th century, in addition to his philosophy and vivid prose style. Born in New York City, Cardozo passed the bar in 1891 after attending Columbia Law School. He won an election to the New York Supreme Court in 1913 but joined the New York Court of Appeals the following year. He won election as Chief Judge of that court in 1926. As Chief Judge, he wrote majority opinions on cases such as '' Palsgraf v. Long Island Railroad Co.'' In 1932, President Herbert Hoover appointed Cardozo to the U.S. Supreme Court to succeed Oliver Wendell Holmes Jr. Cardozo served on the Court until his death in 1938, and formed part of the liberal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cutter V Powell
''Cutter v Powell'' (1795) 101 ER 573 is an English contract law case, concerning substantial performance of a contract. Facts Cutter agreed he would sail with Powell from Kingston, Jamaica to Liverpool, England. The contractual note read as follows. “Ten days after the ship ''Governor Parry'', myself master, arrives at Liverpool, I promise to pay to Mr. T. Cutter the sum of thirty guineas, provided he proceeds, continues and does his duty as second mate in the said ship from hence to the port of Liverpool. Kingston, July 31st, 1793.” Cutter died after seven weeks. It was a ten-week voyage. The ship left on 2 August, Cutter died on 20 September and the ship arrived on 9 October. The ship captain refused to pay any wages at all. Mrs Cutter sued to recover the wages for the part of the journey that the husband had survived. It was apparent that the usual wages of a second mate of a ship on such a voyage was four pounds per month: but when seamen are shipped by the run f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sumpter V Hedges
''Sumpter v Hedges'' 8981 QB 673 is an English contract law case, concerning substantial performance of a contract and restitution for unjust enrichment. Facts Mr Sumpter was a builder. He had a contract to build two houses and stables for Mr Hedges for £560. He did work valued at £333 and said he had to stop because he had no more money. Substantial payments on account have in fact been made to the builder. Hedges finished the building, using materials which Sumpter had left behind. Sumpter sued for the outstanding money. Bruce J found that Mr Sumpter had abandoned the contract, and said he could obtain money for the value of the materials but nothing for the work. Judgment The Court of Appeal found that Mr Sumpter had abandoned the building work and emphasised that it left Mr Hedges without any choice of whether to adopt the work. It held that Mr Hedges had to pay for the building materials that he used, but did not need to reimburse Mr Sumpter for the half-built structures ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bolton V Mahadeva
''Bolton v Mahadeva'' 9722 All ER 1322 is an English contract law case, concerning substantial performance of an obligation. Facts Mr Walter Charles Bolton installed central heating for £560 in Mr T Mahadeva’s house. It was too cold, the heat came unevenly and it all gave off fumes. Bolton refused to correct it, which would cost £174. Mahadeva refused to pay any money at all. Bolton sued. The Brentford Deputy County Court judge, Sir Graeme Finlay, held that the contract price needed to be paid, minus a sum for the cost of putting the heating system right (a total of £446, including labour). Judgment Sachs LJ held that Bolton was entitled to nothing because there had been no substantial performance at all. At 1015 he said, ‘It is not merely that so very much of the work was shoddy, but it is the general ineffectiveness of it for its primary purpose that leads me to that conclusion.’ Significance *Law Commission, No.121, ‘Pecuniary Restitution for Breach of Contract ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wilusynski V London Borough Of Tower Hamlets
''Wiluszynski v London Borough of Tower Hamlets'' 989ICR 439 is a UK labour law case concerning the contract of employment. It held that if an employment was only partly performed due to a strike, this could be construed as not completing an entire obligation, so that even if an employer has received much more value, they need to pay nothing. This case has been criticised on the ground that it fails to give adequate weight to the context of employment contracts, which differ from commercial contracts, particularly in light of developments in the law of unjust enrichment and the decision of ''Autoclenz Ltd v Belcher''. Facts Mr Marek Wilusyzynski was a member of the trade union, the National and Local Government Officers Association, whose strike plan was to refuse to answer enquiries from London Borough of Tower Hamlets council members. This was only a very small proportion of his duties as a housing officer, because he dealt mainly with complaints directly from tenants. He mad ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Unjust Enrichment 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Denning Cases
A list of cases involving Lord Denning is bound to be incomplete, since he delivered around 2000 reported judgments. Lord Denning served as a judge for nearly 40 years, from 1944 to 1982. He often played a decisive role in developing the law and was influential around the Commonwealth and common law world. Counsel *''L'Estrange v F Graucob Ltd'' 9342 KB 394 High Court *'' Fletcher v Fletcher'' 9451 All ER 582, 61 TLR 354, Denning approves the divorce of a husband who deserted wife by withdrawing sexual intercourse and joining a religious community. *''Central London Property Trust Ltd v High Trees House Ltd'' 947KB 130, Denning resurrects the lost doctrine of promissory estoppel. Court of Appeal *'' Hain Steampship Co Ltd v Minister of Food'' 9491 All ER 444 (C.A.) *''Olley v Marlborough Court Hotel'' 9491 KB 532, on exclusion clauses in contract law. *'' Metropolitan Borough and the Town Clerk of Lewisham v Roberts'' 9492 K.B. 608 (C.A.) — Dissenting, an executive body sh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
