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Investors Compensation Scheme Ltd V West Bromwich Building Society
is a frequently-cited English contract law case which laid down that a contextual approach must be taken to the interpretation of contracts. Lord Hoffmann set out five principles, so that contract should be construed according to: #what a reasonable person having all the background knowledge would have understood #where the background includes anything in the 'matrix of fact' that could affect the language's meaning #but excluding prior negotiations, for the policy of reducing litigation #where meaning of words is not to be deduced literally, but contextually #on the presumption that people do not easily make linguistic mistakes Facts Investors received negligent advice from their financial advisers, solicitors and building societies, including West Bromwich Building Society ('West Bromwich BS'). They had claims in tort and for breach of statutory duty. The investors had been encouraged by financiers to enter "Home Income Plans", which meant mortgaging their properties to get ... [...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] |
Damages
At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at law, the loss must involve damage to property, or mental or physical injury; pure economic loss is rarely recognised for the award of damages. Compensatory damages are further categorized into special damages, which are economic losses such as loss of earnings, property damage and medical expenses, and general damages, which are non-economic damages such as pain and suffering and emotional distress. Rather than being compensatory, at common law damages may instead be nominal, contemptuous or exemplary. History Among the Saxons, a monetary value called a ''weregild'' was assigned to every human being and every piece of property in the Salic Code. If property was stolen or someone was injured or killed, the guilty person had to pay the wer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lewis Carroll
Charles Lutwidge Dodgson (; 27 January 1832 – 14 January 1898), better known by his pen name Lewis Carroll, was an English author, poet and mathematician. His most notable works are ''Alice's Adventures in Wonderland'' (1865) and its sequel ''Through the Looking-Glass'' (1871). He was noted for his facility with word play, logic, and fantasy. His poems ''Jabberwocky'' (1871) and ''The Hunting of the Snark'' (1876) are classified in the genre of literary nonsense. Carroll came from a family of high-church Anglicanism, Anglicans, and developed a long relationship with Christ Church, Oxford, where he lived for most of his life as a scholar and teacher. Alice Liddell, the daughter of Christ Church's dean Henry Liddell, is widely identified as the original inspiration for ''Alice in Wonderland'', though Carroll always denied this. An avid puzzler, Carroll created the word ladder puzzle (which he then called "Doublets"), which he published in his weekly column for ''Vanity Fair ( ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alice Through The Looking Glass
''Through the Looking-Glass, and What Alice Found There'' (also known as ''Alice Through the Looking-Glass'' or simply ''Through the Looking-Glass'') is a novel published on 27 December 1871 (though indicated as 1872) by Lewis Carroll and the sequel to ''Alice's Adventures in Wonderland'' (1865). Alice again enters a fantastical world, this time by climbing through a mirror into the world that she can see beyond it. There she finds that, just like a reflection, everything is reversed, including logic (for example, running helps one remain stationary, walking away from something brings one towards it, chessmen are alive, nursery rhyme characters exist, and so on). ''Through the Looking-Glass'' includes such verses as "Jabberwocky" and "The Walrus and the Carpenter", and the episode involving Tweedledum and Tweedledee. The mirror above the fireplace that is displayed at Hetton Lawn in Charlton Kings, Gloucestershire (a house that was owned by Alice Liddell's grandparents, and wa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rectification (law)
Rectification is a remedy whereby a court orders a change in a written document to reflect what it ought to have said in the first place. It is an equitable remedy,Walker MorrisDo you know who you’re dealing with? published 29 November 2013, accessed 13 June 2021 and so the circumstances on which it can be applied are limited. In the United States, the remedy is commonly referred to as reformation. England In English law, the rule was summarised in ''Fowler v Fowler'' (1859) 4 DeG & J 250 at 264: :"Only after the court has been satisfied by evidence which leaves no 'fair and reasonable doubt' that the deed impeached does not embody the final intention of the parties. This evidence must make it clear that the alleged intention to which the plaintiff asks that the deed be made to conform, continued concurrently in the minds of all the parties down to the time of its execution; and the plaintiff must succeed in showing also the precise form in which the instrument will express this ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Antaios Compania Neviera SA V Salen Rederierna AB
''The'' () is a grammatical article in English, denoting persons or things that are already or about to be mentioned, under discussion, implied or otherwise presumed familiar to listeners, readers, or speakers. It is the definite article in English. ''The'' is the most frequently used word in the English language; studies and analyses of texts have found it to account for seven percent of all printed English-language words. It is derived from gendered articles in Old English which combined in Middle English and now has a single form used with nouns of any gender. The word can be used with both singular and plural nouns, and with a noun that starts with any letter. This is different from many other languages, which have different forms of the definite article for different genders or numbers. Pronunciation In most dialects, "the" is pronounced as (with the voiced dental fricative followed by a schwa) when followed by a consonant sound, and as (homophone of the archaic pron ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Diplock
William John Kenneth Diplock, Baron Diplock, (8 December 1907 – 14 October 1985) was a British barrister and judge who served as a lord of appeal in ordinary between 1968 and until his death in 1985. Appointed to the English High Court in 1956 and the Court of Appeal five years later, Diplock made important contributions to the development of constitutional and public law as well as many other legal fields. A frequent choice for governmental inquiries, he is also remembered for proposing the creation of the eponymous juryless Diplock courts. Of him, Lord Rawlinson of Ewell wrote that "to his generation Diplock was the quintessential man of the law". Early life and legal career Kenneth Diplock was born in South Croydon, the son of solicitor William John Hubert Diplock and his wife Christine Joan Diplock, ''née'' Brooke. He was educated at Whitgift School in Croydon and University College, Oxford, where he read chemistry and graduated with a second-class degree in 1929. H ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mannai Investments Co Ltd V Eagle Star Life Assurance Co Ltd
Mannaea (, sometimes written as Mannea; Akkadian language, Akkadian: ''Mannai'', Biblical Hebrew: ''Minni'', (מנּי)) was an ancient kingdom located in northwestern Iran, south of Lake Urmia, around the 10th to 7th centuries BC. It neighbored Assyria and Urartu, as well as other small buffer states between the two, such as Musasir and Zikirta. Etymology of name The name of Mannaea and its earliest recorded ruler Udaki were first mentioned in an inscription from the 30th year of the rule of Shalmaneser III (828 BC). The Assyrians usually called Manna the "land of the Mannites", Manash, while the Urartians called it the land of Manna. Describing the march of Salmanasar III in the 16th year (843 BC), it was reported that the king reached the land of Munna, occupying the interior of Zamua. However, the chronicle does not mention any march or taxation on the state of Mannaea. It is possible that the Assyrians either failed to conquer Mannaea, or advanced only to the border of Man ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reardon Smith Line Ltd V Yngvar Hansen-Tangen
''The Diana Prosperity'' or ''Reardon Smith Line Ltd v Yngvar Hansen-Tangen and Sanko SS & Co Ltd'[1976] 1 WLR 989is a landmark English contract law case. It heralded a new contextual approach to interpretation of contracts. Facts A charterparty described the ship to be chartered as "called Yard no 354 at Osaka". Osaka was the name of the yard responsible for building the ship, although the building was subcontracted to another yard, Oshima. The Osaka yard could not handle a tankship of that size. Both parties knew this. But the buyers, wanting to get out of the contract for another reason, argued that the ship did not correspond with the description under s 13 of the Sale of Goods Act 1979. Judgment The House of Lords held that the words used did not fall under s 13, because they were merely labelling which vessel was involved. In the course of the decision, Lord Wilberforce stated that in construing a contract, the Court must, The hull number and yard had no particula ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Wilberforce
Richard Orme Wilberforce, Baron Wilberforce, (11 March 1907 – 15 February 2003) was a British judge. He was a Lord of Appeal in Ordinary from 1964 to 1982. Early life and career Born in Jalandhar, India, Richard Wilberforce was the son of Samuel Wilberforce, ICS, later a judge of the Lahore High Court, and of Katherine Wilberforce, the daughter of John Sheepshanks, Bishop of Norwich. His grandfather was Reginald Wilberforce, who helped restore British order in Delhi, after the Indian Rebellion of 1857. His great-grandfather was Samuel Wilberforce, Bishop of Winchester, and his great-great-grandfather was the abolitionist William Wilberforce, a connection which had much influence upon him. Wilberforce spent the first seven years of his life in India, before being sent to England in 1914 on the outbreak of the First World War. He attended five preparatory schools, the last being Sandroyd School. From Sandroyd he went to Winchester College in 1920 where Monty Rendall, the he ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Andrew Leggatt
Sir Andrew Peter Leggatt, PC (8 November 1930 – 21 February 2020) was a British judge who served as the Lord Justice of Appeal and as a member of the Privy Council. He was noted for his acerbic wit and precise, well-written judgements. As a barrister, his clients included Paul McCartney and Robert Bolt. Biography He was educated at Eton College and King's College, Cambridge. He wrote ''Tribunals for Users – One System, One Service'', published by the Department for Constitutional Affairs. He liked the English language and literature and was a member of the Queen's English Society. He had two children, George and Alice. His son, George, is also a judge and was appointed to the UK Supreme Court before his father's death. Judgments *''Johnstone v Bloomsbury Health Authority'' 9912 All ER 293, dissenting *'' Vaughan v Barlow Clowes International Ltd'' 991EWCA Civ 11 – an English trusts law case, concerning tracing *''Nestle v National Westminster Bank plc'' 992EWCA Civ 12 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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