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Kelly V Solari
''Kelly v Solari'' (1841) 9 M&W 54, 152 ER 24 is an early common law case, where the principle of unjust enrichment underpinned the decision of the court. Facts Mr. Solari died. His widow claimed under his life insurance policy as executrix. The insurers later found they were not in, fact, liable to pay because he had not paid a premium instalment. The policy had been marked lapsed, but the office had not checked. Judgment The Court of Exchequer held that the widow was bound to repay. Her lack of fault was irrelevant, or the insurers were careless. Parke B said if the money, Rolfe B Robert Monsey Rolfe, 1st Baron Cranworth, PC (18 December 1790 – 26 July 1868) was a British lawyer and Liberal politician. He twice served as Lord High Chancellor of Great Britain. Background and education Born at Cranworth, Norfolk, he was ... said to the fact that Mrs Solari was innocent ‘it cannot be otherwise than unconscientious to retain it.’ (i.e. the money). Notes {{reflis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unjust Enrichment
In laws of equity, unjust enrichment occurs when one person is enriched at the expense of another in circumstances that the law sees as unjust. Where an individual is unjustly enriched, the law imposes an obligation upon the recipient to make restitution, subject to defences such as change of position. Liability for an unjust (or unjustified) enrichment arises irrespective of wrongdoing on the part of the recipient. The concept of unjust enrichment can be traced to Roman law and the maxim that "no one should be benefited at another's expense": ''nemo locupletari potest aliena iactura'' or ''nemo locupletari debet cum aliena iactura''. The law of unjust enrichment is closely related to, but not co-extensive with, the law of restitution. The law of restitution is the law of gain-based recovery. It is wider than the law of unjust enrichment. Restitution for unjust enrichment is a subset of the law of restitution in the same way that compensation for breach of contract is a subset of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
James Parke, 1st Baron Wensleydale
James Parke, 1st Baron Wensleydale PC (22 March 1782 – 25 February 1868) was a British barrister and judge. After an education at The King's School, Macclesfield and Trinity College, Cambridge he studied under a special pleader, before being called to the Bar by the Inner Temple in 1813. Although not a particularly distinguished barrister, he was appointed to the Court of King's Bench on 28 November 1828, made a Privy Counsellor in 1833 and, a year later, a Baron of the Exchequer. He resigned his post in 1855, angered by the passing of the Common Law Procedure Acts, but was recalled by the government, who gave him a peerage as Baron Wensleydale of Walton to allow him to undertake the Judicial functions of the House of Lords, a role he fulfilled until his death on 25 February 1868. Early life and education Parke was born on 22 March 1782 in Highfield, near Liverpool, to Thomas Parke, a merchant, and his wife Anne. He studied at The King's School, Macclesfield before ma ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robert Rolfe, 1st Baron Cranworth
Robert Monsey Rolfe, 1st Baron Cranworth, PC (18 December 1790 – 26 July 1868) was a British lawyer and Liberal politician. He twice served as Lord High Chancellor of Great Britain. Background and education Born at Cranworth, Norfolk, he was the elder son of the Reverend Edmund Rolfe and Jemima Alexander, James Alexander, 1st Earl of Caledon's niece and a granddaughter of physician Messenger Monsey. Rolfe was related to Admiral Lord Horatio Nelson, he was educated at Bury St Edmunds, Winchester, Trinity College, Cambridge, Downing College, Cambridge (of which he was elected fellow) and was called to the bar, Lincoln's Inn, in 1816. Legal and political career Cranworth represented Penryn and Falmouth in Parliament from 1832 until he was appointed a Baron of the Exchequer in 1839. In 1850 he was appointed a Vice-Chancellor and raised to the peerage as Baron Cranworth, of Cranworth in the County of Norfolk. In 1852 Lord Cranworth became Lord Chancellor in Lord Aberdeen's coa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1841 In Case Law
Events January–March * January 20 – Charles Elliot of the United Kingdom, and Qishan of the Qing dynasty, agree to the Convention of Chuenpi. * January 26 – Britain occupies Hong Kong. Later in the year, the first census of the island records a population of about 7,500. * January 27 – The active volcano Mount Erebus in Antarctica is discovered, and named by James Clark Ross. * January 28 – Ross discovers the "Victoria Barrier", later known as the Ross Ice Shelf. On the same voyage, he discovers the Ross Sea, Victoria Land and Mount Terror. * January 30 – A fire ruins and destroys two-thirds of the villa (modern-day city) of Mayagüez, Puerto Rico. * February 4 – First known reference to Groundhog Day in North America, in the diary of a James Morris. * February 10 – The Act of Union (''British North America Act'', 1840) is proclaimed in Canada. * February 11 – The two colonies of the Canadas are merged, into the United Province of Canada. * February 1 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Unjust Enrichment 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] |
1841 In England
Events January–March * January 20 – Charles Elliot of the United Kingdom, and Qishan of the Qing dynasty, agree to the Convention of Chuenpi. * January 26 – Britain occupies Hong Kong. Later in the year, the first census of the island records a population of about 7,500. * January 27 – The active volcano Mount Erebus in Antarctica is discovered, and named by James Clark Ross. * January 28 – Ross discovers the "Victoria Barrier", later known as the Ross Ice Shelf. On the same voyage, he discovers the Ross Sea, Victoria Land and Mount Terror. * January 30 – A fire ruins and destroys two-thirds of the villa (modern-day city) of Mayagüez, Puerto Rico. * February 4 – First known reference to Groundhog Day in North America, in the diary of a James Morris. * February 10 – The Act of Union (''British North America Act'', 1840) is proclaimed in Canada. * February 11 – The two colonies of the Canadas are merged, into the United Province of Canada. * Februa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Exchequer Chamber Cases
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to the co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
