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Hollier V Rambler Motors Ltd
''Hollier v Rambler Motors (AMC) Ltd'' is an English contract law case, concerning the incorporation of terms into a contract and the ''contra proferentum'' rule of interpretation. It shows an example of a very hostile interpretation of exclusion clauses. Facts Walter Hollier took his Rambler car to an automobile repair shop, Rambler Motors. He had been to this garage on three or four occasions in the past five years before, and he had usually signed an invoice which said the "company is not responsible for damage caused by fire to customers’ cars on the premises." He did not sign the form on this occasion. Unfortunately, some wiring in the garage was faulty. Rambler Motors had negligently failed to inspect or maintain the wiring in the shop. A fire broke out and burnt down the garage, with Hollier's car in it. Hollier sued Rambler Motors for the cost of his car. Judgment The Court of Appeal held that a previous course of dealing did not incorporate the term, because there ... [...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] |
English Interpretation 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 * ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1971 Disasters In The United Kingdom
* The year 1971 had three partial solar eclipses (February 25, July 22 and August 20) and two total lunar eclipses (February 10, and August 6). The world population increased by 2.1% this year, the highest increase in history. Events January * January 2 – 66 people are killed and over 200 injured during a crush in Glasgow, Scotland. * January 5 – The first ever One Day International cricket match is played between Australia and England at the Melbourne Cricket Ground. * January 8 – Tupamaros kidnap Geoffrey Jackson, British ambassador to Uruguay, in Montevideo, keeping him captive until September. * January 9 – Uruguayan president Jorge Pacheco Areco demands emergency powers for 90 days due to kidnappings, and receives them the next day. * January 12 – The landmark United States television sitcom ''All in the Family'', starring Carroll O'Connor as Archie Bunker, debuts on CBS. * January 14 – Seventy Brazilian political prisoners are release ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1970s Fires In The United Kingdom
Year 197 ( CXCVII) was a common year starting on Saturday (link will display the full calendar) of the Julian calendar. At the time, it was known as the Year of the Consulship of Magius and Rufinus (or, less frequently, year 950 '' Ab urbe condita''). The denomination 197 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 * February 19 – Battle of Lugdunum: Emperor Septimius Severus defeats the self-proclaimed emperor Clodius Albinus at Lugdunum (modern Lyon). Albinus commits suicide; legionaries sack the town. * Septimius Severus returns to Rome and has about 30 of Albinus's supporters in the Senate executed. After his victory he declares himself the adopted son of the late Marcus Aurelius. * Septimius Severus forms new naval units, manning all the triremes in Italy with heavily armed troops for war in the East. His soldiers embark ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
American Motors
American Motors Corporation (AMC; commonly referred to as American Motors) was an American automobile manufacturing company formed by the merger of Nash-Kelvinator Corporation and Hudson Motor Car Company on May 1, 1954. At the time, it was the largest corporate merger in U.S. history. American Motors' most similar competitors were those automakers that held similar annual sales levels such as Studebaker, Packard, Kaiser Motors, and Willys-Overland. Their largest competitors were the Big Three— Ford, General Motors, and Chrysler. American Motors' production line included small cars - the Rambler American which began as the Nash Rambler in 1950, Hornet, Gremlin, and Pacer; intermediate and full-sized cars, including the Ambassador, Rambler Classic, Rebel, and Matador; muscle cars, including the Marlin, AMX and Javelin; and early four-wheel drive variants of the Eagle and the Jeep Wagoneer, the first true crossovers in the U.S. market. Regarded as "a small company deft ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1971 In British Law
* The year 1971 had three partial solar eclipses (February 25, July 22 and August 20) and two total lunar eclipses (February 10, and August 6). The world population increased by 2.1% this year, the highest increase in history. Events January * January 2 – 66 people are killed and over 200 injured during a crush in Glasgow, Scotland. * January 5 – The first ever One Day International cricket match is played between Australia and England at the Melbourne Cricket Ground. * January 8 – Tupamaros kidnap Geoffrey Jackson, British ambassador to Uruguay, in Montevideo, keeping him captive until September. * January 9 – Uruguayan president Jorge Pacheco Areco demands emergency powers for 90 days due to kidnappings, and receives them the next day. * January 12 – The landmark United States television sitcom ''All in the Family'', starring Carroll O'Connor as Archie Bunker, debuts on CBS. * January 14 – Seventy Brazilian political prisoners are release ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1971 In Case Law
* The year 1971 had three partial solar eclipses ( February 25, July 22 and August 20) and two total lunar eclipses (February 10, and August 6). The world population increased by 2.1% this year, the highest increase in history. Events January * January 2 – 66 people are killed and over 200 injured during a crush in Glasgow, Scotland. * January 5 – The first ever One Day International cricket match is played between Australia and England at the Melbourne Cricket Ground. * January 8 – Tupamaros kidnap Geoffrey Jackson, British ambassador to Uruguay, in Montevideo, keeping him captive until September. * January 9 – Uruguayan president Jorge Pacheco Areco demands emergency powers for 90 days due to kidnappings, and receives them the next day. * January 12 – The landmark United States television sitcom ''All in the Family'', starring Carroll O'Connor as Archie Bunker, debuts on CBS. * January 14 – Seventy Brazilian political prisoners a ... [...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] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contra Proferentum
''Contra proferentem'' (Latin: "against heofferor"), also known as "interpretation against the draftsman", is a doctrine of contractual interpretation providing that, where a promise, agreement or term is ambiguous, the preferred meaning should be the one that works against the interests of the party who provided the wording. Overview The doctrine is often applied to situations involving standardized contracts or where the parties are of unequal bargaining power, but is applicable to other cases. The doctrine is not, however, directly applicable to situations where the language at issue is mandated by law, as is often the case with insurance contracts and bills of lading. The reasoning behind this rule is to encourage the drafter of a contract to be as clear and explicit as possible and to take into account as many foreseeable situations as it can. Eric Posner claimed: "The contra proferentem rule, for example, might encourage the drafter to be more explicit and to provide ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Photo Production Ltd V Securicor Transport Ltd
is an English contract law case decided by the House of Lords on construction of a contract and the doctrine of fundamental breach. Facts Photo Productions Ltd engaged Securicor to guard their premises at night. A night-watchman, Mr Musgrove, started a fire in a brazier at Photo Production's factory to keep himself warm. The fire spread accidentally and the Photo Productions plant was totally destroyed by fire, causing £648,000-worth of damage. When Photo Productions sued, Securicor argued that an exemption clause in the contract excused liability. The clause provided: "under no circumstances shall Securicor be responsible for any injurious act or default by any employee… unless such act or default could have been foreseen and avoided by the exercise of due diligence on the part of ecuricor" Photo Productions argued that the clause could not apply under the doctrine of fundamental breach, that the breach of the contract went to the root of the contract, it invalidated the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canada Steamship Lines Ltd V The King
''Canada Steamship Lines Ltd v R'' , also referred to as Canada Steamship Lines Ltd v The King,Wyatt, D.Applying Canada Steamship principles on interpretation of exclusion clauses ''Lexology'', published 27 November 2012, accessed 27 February 2023 is a Canadian contract law case, also relevant for English contract law, concerning the interpretation of unfair terms ''contra proferentem''. The case was decided by the Judicial Committee of the Privy Council on appeal from the Supreme Court of Canada, as the cause for appeal arose before the abolition of such appeals in 1949. Although arising in civil law under the Civil Code of Lower Canada, it has been influential in similar cases under English law, but is now recognised as providing "guidelines" rather than an "automatic solution". Facts In November 1940, Canada Steamship Lines Ltd (CSL) entered into a Crown lease for a twelve-year term, in which it became a tenant of certain dock property on which was situated a freight shed, on ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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