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Holman V Johnson
''Holman v Johnson'' (1775) 1 Cowp 341 is an English contract law case, concerning the principles behind illegal transactions. It is also possibly the first case in English law where the court explicitly recognised that aspects of a claim before the court might be adjudicated according to foreign law.Alexander Sack, ‘Conflicts of Laws in the History of England’, in Alison Reppy (ed.), Law: A Century of Progress - 1835-1935 (New York University Press, 1937), vol 3, p 395. Facts The claimant, who lived in Dunkirk, sold tea to the defendant. The claimant knew it was intended to be smuggled into England, though was not concerned with the smuggling scheme. The method of payment was meant to be by bills of exchange drawn in England. The claimant brought an action for non-payment, and the defendant contended that it could not be enforced because the contract was unlawful. Judgment William Murray, 1st Earl of Mansfield, Lord Mansfield CJ held that the agreement could be enforced be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William Murray, 1st Earl Of Mansfield
William Murray, 1st Earl of Mansfield, PC, SL (2 March 170520 March 1793) was a British barrister, politician and judge noted for his reform of English law. Born to Scottish nobility, he was educated in Perth, Scotland, before moving to London at the age of 13 to take up a place at Westminster School. He was accepted into Christ Church, Oxford, in May 1723, and graduated four years later. Returning to London from Oxford, he was called to the Bar by Lincoln's Inn on 23 November 1730, and quickly gained a reputation as an excellent barrister. He became involved in politics in 1742, beginning with his election as a Member of Parliament for Boroughbridge, now in North Yorkshire, and appointment as Solicitor General. In the absence of a strong Attorney General, he became the main spokesman for the government in the House of Commons, and was noted for his "great powers of eloquence" and described as "beyond comparison the best speaker" in the House of Commons. With the promotion o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Choice Of Law
Choice of law is a procedural stage in the litigation of a case involving the conflict of laws when it is necessary to reconcile the differences between the laws of different legal jurisdictions, such as sovereign states, federated states (as in the US), or provinces. The outcome of this process is potentially to require the courts of one jurisdiction to apply the law of a different jurisdiction in lawsuits arising from, say, family law, tort, or contract. The law which is applied is sometimes referred to as the "proper law." Dépeçage is an issue within choice of law. Sequence of events in conflict cases in Common Law jurisdictions #Jurisdiction. The court selected by the plaintiff must decide both whether it has the jurisdiction to hear the case and, if it has, whether another forum is more suitable (the ''forum non conveniens'' issue relates to the problem of forum shopping) for the disposition of the case. Naturally, a plaintiff with appropriate knowledge and finance will alwa ... [...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] |
Dunkirk
Dunkirk (french: Dunkerque ; vls, label=French Flemish, Duunkerke; nl, Duinkerke(n) ; , ;) is a commune in the department of Nord in northern France.Commune de Dunkerque (59183) INSEE It lies from the border. It has the third-largest French harbour. The population of the commune in 2019 was 86,279. Etymology and language use The name of Dunkirk derives from '' or ' |
Smuggled
Smuggling is the illegal transportation of objects, substances, information or people, such as out of a house or buildings, into a prison, or across an international border, in violation of applicable laws or other regulations. There are various motivations to smuggle. These include the participation in illegal trade, such as in the drug trade, illegal weapons trade, prostitution, human trafficking, kidnapping, exotic wildlife trade, art theft, heists, chop shops, illegal immigration or illegal emigration, tax evasion, import/export restrictions, providing contraband to prison inmates, or the theft of the items being smuggled. Smuggling is a common theme in literature, from Bizet's opera ''Carmen'' to the James Bond spy books (and later films) '' Diamonds Are Forever'' and '' Goldfinger''. Etymology The verb ''smuggle'', from Low German ''smuggeln'' or Dutch ''smokkelen'' (="to transport (goods) illegally"), apparently a frequentative formation of a word meaning "to sneak", ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ex Turpi Causa
' (Latin "from a dishonorable cause an action does not arise") is a legal doctrine which states that a plaintiff will be unable to pursue legal relief and damages if it arises in connection with their own tortious act. Particularly relevant in the law of contract, tort and trusts, ' is also known as the illegality defence, since a defendant may plead that even though, for instance, he broke a contract, conducted himself negligently or broke an equitable duty, nevertheless a claimant by reason of his own illegality cannot sue. The UK Supreme Court provided a thorough reconsideration of the doctrine in 2016 in ''Patel v Mirza''. 016UKSC 42 Illegality in English Law Development In the early case of ''Holman v Johnson'' Lord Mansfield CJ set out the rationale for the illegality doctrine. Tort In the law of tort, the principle would prevent a criminal from bringing a claim against (for example) a fellow criminal. In '' National Coal Board v England'', Lord Asquith said, In ' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conflict Of Laws
Conflict of laws (also called private international law) is the set of rules or laws a jurisdiction applies to a case, transaction, or other occurrence that has connections to more than one jurisdiction. This body of law deals with three broad topics: ''jurisdiction'', rules regarding when it is appropriate for a court to hear such a case; ''foreign judgments'', dealing with the rules by which a court in one jurisdiction mandates compliance with a ruling of a court in another jurisdiction; and ''choice of law'', which addresses the question of which substantive laws will be applied in such a case. These issues can arise in any private-law context, but they are especially prevalent in contract law and tort law. Scope and terminology The term ''conflict of laws'' is primarily used in the United States and Canada, though it has also come into use in the United Kingdom. Elsewhere, the term ''private international law'' is commonly used. Some scholars from countries that use ''con ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Functions Of The House Of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, it for many centuries had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England. Appeals were technically not to the House of Lords, but rather to the King-in-Parliament. In 1876, the Appellate Jurisdiction Act devolved the appellate functions of the House to an Appellate Committee, composed of Lords of Appeal in Ordinary (informally referred to as Law Lords). They were then appointed by the Lord Chancellor in the same manner as other judges. During the 20th and early 21st century, the judicial functions were gradually removed. Its final trial of a peer was in 1935, and in 1948, the use of special courts for such trials was abolished. The procedure of impeachment became seen as obsolete. In 2009, t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Government Of India V Taylor
''Government of India v Taylor'' 955AC 491 (sometimes called ''Re Delhi Electric Supply & Traction Co Ltd'') is a judicial decision of the House of Lords relating to the enforceability of foreign tax claims under English law. The House of Lords unanimously upheld the general rule at common law that foreign tax claims are non-justiciable in England under the Act of state doctrine. Accordingly, a claim with respect to foreign taxes was not an admissible claim in the liquidation of a United Kingdom company. The English courts may not, directly or indirectly, enforce the tax claims of another sovereign state. Facts The Delhi Electric Supply & Traction Co Ltd was an English company which was formed in 1906. It was incorporated for the purpose of operating an electricity supply and tramway under an operating licence granted by the Municipality of Delhi. The company carried on business in India until approximately 1947 when it sold the whole of its undertakings to the Government ... [...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] |
English Conflict Of Laws 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 * E ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1775 In British Law
Events Summary The American Revolutionary War began this year, with the first military engagement being the April 19 Battles of Lexington and Concord on the day after Paul Revere's now-legendary ride. The Second Continental Congress takes various steps toward organizing an American government, appointing George Washington commander-in-chief (June 14), Benjamin Franklin postmaster general (July 26) and creating a Continental Navy (October 13) and a Marine force (November 10) as landing troops for it, but as yet the 13 colonies have not declared independence, and both the British (June 12) and American (July 15) governments make laws. On July 6, Congress issues the Declaration of the Causes and Necessity of Taking Up Arms and on August 23, King George III of Great Britain declares the American colonies in rebellion, announcing it to Parliament on November 10. On June 17, two months into the colonial siege of Boston, at the Battle of Bunker Hill, just north of Boston, Bri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
