Johnson V Agnew
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Johnson V Agnew
''Johnson v Agnew'' 980AC 367 is a landmark English contract law case on the date for assessing damages. Lord Wilberforce decided that the date appropriate is the date of breach, ''or'' when a contracting party could reasonably be aware of a breach. Five major principles it laid down were, #termination for breach of contract is "prospective", not "retrospective"; i.e. repudiatory breach of contract discharges both parties from future performance of their contractual obligations, but leaves their accrued rights intact (and themselves open to damages) #a claimant for specific performance does not forfeit his right to terminate the contract by accepting a defendant's repudiatory breach #when a specific performance decree is made, a court oversees performance, and it has the sole jurisdiction to determine whether that obligation can be discharged #common law damages are assessed at the date of the breach of the contract, though the court may fix another date if justice requires #the ...
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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 ...
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Hillel V Christoforides
Hillel ( he, links=no, הלל, lit=praise) is a Jewish masculine given name and a surname. It may refer to: Given name * Hillel the Elder (110 BC–10 AD), Babylonian sage, scholar, and Jewish leader * Hillel, son of Gamaliel III (3rd century), Jewish scholar * Hillel II, Jewish communal and religious authority and Nasi of the Jewish Sanhedrin, 320–385 * Hillel ben Eliakim (11th–12th century), Greek rabbi and Talmud scholar * Hillel ben Samuel (c. 1220–1295), Italian physician, philosopher, and Talmudist * Hillel ben Naphtali Zevi (1615–1690), Lithuanian rabbi * Hillel Rivlin (1758–1838), Lithuanian rabbi * Hillel Paritcher (1795–1864), Russian Chabad rabbi * Hillel Lichtenstein (1814–1891), Hungarian rabbi and writer * Hillel Noah Maggid (1829–1903), Russian-Jewish genealogist and historian * Hillel Yaffe (1864–1936), Russian Jewish physician and Zionist leader * Hillel Zeitlin (1871–1942), Russian writer in Yiddish and Hebrew * Hillel Poisic (1881–1953), ...
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English Remedy 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 ...
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Lord Wilberforce Cases
Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or are entitled to courtesy titles. The collective "Lords" can refer to a group or body of peers. Etymology According to the Oxford Dictionary of English, the etymology of the word can be traced back to the Old English word ''hlāford'' which originated from ''hlāfweard'' meaning "loaf-ward" or "bread-keeper", reflecting the Germanic tribal custom of a chieftain providing food for his followers. The appellation "lord" is primarily applied to men, while for women the appellation "lady" is used. This is no longer universal: the Lord of Mann, a title previously held by the Queen of the United Kingdom, and female Lords Mayor are examples of women who are styled as "Lord". Historical usage Feudalism Under the feudal system, "lord" had a wide ...
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Landmark Cases In The Law Of Contract
''Landmark Cases in the Law of Contract'' (2008) is a book by Charles Mitchell and Paul Mitchell, which outlines the key cases in English contract law. Content The cases discussed are, *'' Coggs v Barnard'' (1703) on bailment *''Pillans v Van Mierop'' (1765) on the doctrine of consideration *'' Carter v Boehm'' (1766) on good faith *'' Da Costa v Jones'' (1778) *'' Hochster v De La Tour'' (1853) on anticipatory breach *''Smith v Hughes'' (1871) on unilateral mistake and the objective approach to interpretation of contracts *''Foakes v Beer'' (1884) on part payments of debt (with a notable dissenting opinion by Lord Blackburn) *'' The Hong Kong Fir'' (1961) on innominate terms, allowing the court remedial flexibility *''Suisse Atlantique Societe d'Armament SA v NV Rotterdamsche Kolen Centrale'' (1966) *'' Rearden Smith Lines Ltd v Yngvar Hansen Tangan'' or ''The Diana Prosperity'' (1976) 1 WLR 989 on a contextual approach to contractual interpretation *'' Johnson v Agnew'' (19 ...
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Charles Mitchell (professor)
Charles Christopher James Mitchell KC ( Hon) (born 14 May 1965) is a British legal scholar acknowledged as one of the leading common-law experts on the English law of restitution of unjust enrichment and the law of trusts. He is the author of two leading textbooks and one practitioner's book. He is currently Professor of Law at University College London and Senior Associate Research Fellow at the Institute of Advanced Legal Studies. Career Mitchell completed his PhD at University College London and was supervised by Peter Birks. Until 2008 he worked at King's College London, before spending a year as Professor of Property Law at Jesus College, Oxford. Mitchell was also previously general editor of the ''King's Law Journal''. Personal life In April 1992, Mitchell married The Honourable Dr Charlotte Lennox-Boyd, daughter of Simon Lennox-Boyd, 2nd Viscount Boyd of Merton and the former Alice Clive. Dr Charlotte Mitchell is Honorary Senior Lecturer at UCL's Department of Eng ...
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Capital And Suburban Properties Ltd V Swycher
Capital may refer to: Common uses * Capital city, a municipality of primary status ** List of national capital cities * Capital letter, an upper-case letter Economics and social sciences * Capital (economics), the durable produced goods used for further production *Economic capital * Financial capital, an economic resource measured in terms of money *Capital (Marxism), a central concept in Marxian critique of political economy *Capital good *Natural capital *Public capital *Human capital *Instructional capital *Social capital Architecture and buildings * Capital (architecture), the topmost member of a column or pilaster * Capital (fortification), a proportion of a bastion * The Capital (building), a commercial building in Mumbai, India Arts, entertainment and media Literature Books * ''Das Kapital'' ('Capital: Critique of Political Economy'), a foundational theoretical text by Karl Marx * '' Capital: The Eruption of Delhi'', a 2014 book by Rana Dasgupta * ''Capital'' (novel ...
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Hurst V Bryk
Hurst may refer to: Places England * Hurst, Berkshire, a village * Hurst, North Yorkshire, a hamlet * Hurst, a settlement within the village of Martock, Somerset * Hurst, West Sussex, a hamlet * Hurst Spit, a shingle spit in Hampshire ** Hurst Castle * Hurst Hill, Lancashire * Hurst Reservoir, a disused reservoir near Glossop, north Derbyshire United States * Hurst, Illinois, a city * Hurst, Missouri, a ghost town * Hurst, Texas, a city * Hurst, West Virginia, an unincorporated community Antarctica * Hurst Peak, Ellsworth Land * Hurst Bay, James Ross Island Schools * The Hurst School, Baughurst, Hampshire, England * Hurst High School, Norvelt, Pennsylvania, United States * Hurst Junior High School, Hurst, Texas, United States Other uses * Hurst (surname) * C. Hurst & Co., British publishing company * , the name of more than one United States Navy ship * Hurst Street, Birmingham, England * Ashton United F.C., an English football club founded as Hurst F.C. in 1878 ...
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Jaggard V Sawyer
Jaggard is a surname, and may refer to: * Edwin Jaggard (born 1942), Australian academic * Edwin A. Jaggard (1859-1911), American jurist * William Jaggard (circa 1568 – 1623), English printer See also * Michelle Jaggard-Lai (born 1969), a retired Australian tennis player * Jagger Jagger is an English surname. Someone who owned and/or managed a team of packhorses was known as a "jagger", so this surname probably originates from that occupation. More rarely, the name is used as a given name. Notable people with the surname ...
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Breach Of Contract
Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance. Breach occurs when a party to a contract fails to fulfill its obligation(s), whether partially or wholly, as described in the contract, or communicates an intent to fail the obligation or otherwise appears not to be able to perform its obligation under the contract. Where there is breach of contract, the resulting damages have to be paid to the aggrieved party by the party breaching the contract. If a contract is rescinded, parties are legally allowed to undo the work unless doing so would directly charge the other party at that exact time. It is important to bear in mind that contract law is not the same from country to country. Each country has its own independent, freestanding law of contract. Therefore, it makes sense ...
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Supreme Court Act 1981
The Senior Courts Act 1981 (c.54), originally named the Supreme Court Act 1981, is an Act of the Parliament of the United Kingdom. The Act prescribes the structure and jurisdictions of the Senior Courts of England and Wales (previously known as the "Superior Courts"). These Senior Courts comprise: the Court of Appeal, High Court of Justice, The Employment Appeal Tribunal, and the Crown Court. Change of name The Constitutional Reform Act 2005 established a new Supreme Court which, on 1 October 2009, replaced the Appellate Committee of the House of Lords. To avoid confusion, the Supreme Court Act 1981 was renamed the Senior Courts Act 1981, and all statutory references to the Supreme Court of England and Wales were amended to refer to the Senior Courts of England and Wales. The former term "Supreme Court" did not mean the 2009 Supreme Court (which, of course, did not exist in 1981), but was shorthand for the "Supreme Court of England and Wales", called before 1981 the "Supreme ...
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Ab Initio
''Ab initio'' ( ) is a Latin term meaning "from the beginning" and is derived from the Latin ''ab'' ("from") + ''initio'', ablative singular of ''initium'' ("beginning"). Etymology Circa 1600, from Latin, literally "from the beginning", from ablative case of ''initium'' "entrance", "beginning", related to verb ''inire'' "to go into", "enter upon", "begin". Uses ''Ab initio'' (abbreviation: ''ab init.'') is used in several contexts, including the following: Law In law, ''ab initio'' refers to something being the case from the start or from the instant of the act rather than from when the court declared it so. For instance, the term "void ''ab initio''" means "to be treated as invalid from the outset." E.g., in many jurisdictions, if a person signs a contract under duress, that contract is treated as being "void ''ab initio''". Typically, documents or acts which are void ''ab initio'' cannot be fixed and if a jurisdiction, a document, or an act is so declared at law to be void ...
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