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J Spurling Ltd V Bradshaw
is an English contract law and English property law case on exclusion clauses and bailment. It is best known for Denning LJ's "red hand rule" comment, where he said, Facts J Spurling Ltd had a warehouse in East London. Mr Andrew Bradshaw had seven barrels of orange juice. He asked Spurling Ltd to store them. In the contract was the "London lighterage clause" which exempted warehousemen from liability due to their negligence. When the barrels were collected, they were damaged. When Bradshaw refused to pay Spurling Ltd, the company sued for the cost. Bradshaw counterclaimed for damages for breach of an implied term of a contract of bailment to take reasonable care. Judgment Denning LJ, Morris LJ and Parker LJ held that although the warehouse employees were negligent, the clause effectively exempted them. Denning LJ's judgment went as follows. Note that his reference to the concept of a fundamental breach precluding an exclusion of liability was rejected by the House of Lord ... [...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] |
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 Incorporation 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] |
1956 In England
Events January * January 1 – The Anglo-Egyptian Condominium ends in Sudan. * January 8 – Operation Auca: Five U.S. evangelical Christian missionaries, Nate Saint, Roger Youderian, Ed McCully, Jim Elliot and Pete Fleming, are killed for trespassing by the Huaorani people of Ecuador, shortly after making contact with them. * January 16 – Egyptian leader Gamal Abdel Nasser vows to reconquer Palestine. * January 25– 26 – Finnish troops reoccupy Porkkala, after Soviet troops vacate its military base. Civilians can return February 4. * January 26 – The 1956 Winter Olympics open in Cortina d'Ampezzo, Italy. February * February 11 – British spies Guy Burgess and Donald Maclean resurface in the Soviet Union, after being missing for 5 years. * February 14– 25 – The 20th Congress of the Communist Party of the Soviet Union is held in Moscow. * February 16 – The 1956 World Figure Skating Championships open in Garmisch, West Germany. * February 22 – Elvis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Property 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] |
Thornton V Shoe Lane Parking Ltd
is a leading English contract law case. It gives a good example of the rule that a clause cannot be incorporated after a contract has been concluded, without reasonable notice before. Also, it was held that an automatic ticket machine was an offer, rather than an invitation to treat. Although the case is important for these two propositions, today any exclusion of negligence liability for personal injury by businesses is prohibited by the Unfair Contract Terms Act 1977 s 2(1) and the Unfair Terms in Consumer Contracts Regulations 1999 Sch 2, para(a). Facts Francis Thornton, "a free lance trumpeter of the highest quality", drove to the entrance of the multi-storey car park on Shoe Lane, before attending a performance at Farringdon Hall with the BBC. He took a ticket from the ticket machine and parked his car. It said "This ticket is issued subject to the conditions of issue as displayed on the premises". On the car park pillars near the paying office there was a list, one ex ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parker V South Eastern Railway Company
''Parker v South Eastern Railway'' 8772 CPD 416 is a famous English contract law case on exclusion clauses where the court held that an individual cannot escape a contractual term by failing to read the contract but that a party wanting to rely on an exclusion clause must take reasonable steps to bring it to the attention of the customer. Facts Mr Parker left a bag in the cloakroom of Charing Cross railway station, run by the South Eastern Railway Company. On depositing his bag and paying two pence he received a ticket. On the front it said "see back". On its back, it stated that the railway was excluded from liability for items worth £10 or more. Mr Parker failed to read the clause as he thought the ticket was only a receipt of payment. However, he admitted that he knew the ticket contained writing. Mr Parker's bag, which was worth more than £10, was lost. He sued the company. The question of law put to the court was whether the clause applied to Mr Parker. At trial the jury ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cunard Steamship Company, Ltd
Cunard () is a British shipping and cruise line based at Carnival House at Southampton, England, operated by Carnival Corporation & plc#Carnival United Kingdom, Carnival UK and owned by Carnival Corporation & plc. Since 2011, Cunard and its three ships have been registered in Hamilton, Bermuda. In 1839, Samuel Cunard was awarded the first British transatlantic steamship mail contract, and the next year formed the British and North American Royal Mail Steam-Packet Company in Glasgow with shipowner Sir George Burns together with Robert Napier (engineer), Robert Napier, the famous Scottish steamship engine designer and builder, to operate the line's four pioneer paddle steamers on the Liverpool–Halifax–Boston route. For most of the next 30 years, Cunard held the Blue Riband for the fastest Atlantic voyage. However, in the 1870s Cunard fell behind its rivals, the White Star Line and the Inman Line. To meet this competition, in 1879 the firm was reorganised as the Cunard Stea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mersey Steel And Iron Company, Ltd
The River Mersey () is in North West England. Its name derives from Old English and means "boundary river", possibly referring to its having been a border between the ancient kingdoms of Mercia and Northumbria. For centuries it has formed part of the boundary between the historic counties of Lancashire and Cheshire. The Mersey starts at the confluence of the River Tame, Greater Manchester, River Tame and River Goyt in Stockport. It flows westwards through south Manchester, then into the Manchester Ship Canal at Irlam, becoming a part of the canal and maintaining its water levels. After it exits the canal, flowing towards Warrington where it widens. It then narrows as it passes between Runcorn and Widnes. From Runcorn the river widens into a large estuary, which is across at its widest point near Ellesmere Port. The course of the river then turns northwards as the estuary narrows between Liverpool and Birkenhead on the Wirral Peninsula to the west, and empties into Liverpool ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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