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Kirchner V. Venus (1859)
''Kirchner v. Venus'' (1859) is an English Law case precedent that defined freight as "the reward payable to the carrier of for the safe carriage and delivery of goods". It is a key decision in the history of ship owners lien for freight. The case was an action brought ''in trover'' for the release of goods being held in lien for failure to pay. It reversed the findings of the Supreme Court of New South Wales. Facts of the case The respondents were having seven shipments sent by Kirchner from Liverpool, England to Sydney, Australia Sydney ( ) is the capital city of the States and territories of Australia, state of New South Wales, and the most populous city in both Australia and List of cities in Oceania by population, Oceania. Located on Australia's east coast, the metro .... The customer was declared bankrupt before the goods arrived and failed to pay. The shipping firm sought a lien of £317 16s 4d on the goods to enforce payment. [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of '' stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Freight
Cargo consists of bulk goods conveyed by water, air, or land. In economics, freight is cargo that is transported at a freight rate for commercial gain. ''Cargo'' was originally a shipload but now covers all types of freight, including transport by rail, van, truck, or intermodal container. The term cargo is also used in case of goods in the cold-chain, because the perishable inventory is always in transit towards a final end-use, even when it is held in cold storage or other similar climate-controlled facility. The term freight is commonly used to describe the movements of flows of goods being transported by any mode of transportation. Multi-modal container units, designed as reusable carriers to facilitate unit load handling of the goods contained, are also referred to as cargo, especially by shipping lines and logistics operators. Similarly, aircraft ULD boxes are also documented as cargo, with an associated packing list of the items contained within. When empty contai ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lien
A lien ( or ) is a form of security interest granted over an item of property to secure the payment of a debt or performance of some other obligation. The owner of the property, who grants the lien, is referred to as the ''lienee'' and the person who has the benefit of the lien is referred to as the ''lienor'' or ''lien holder''. The etymological root is Anglo-French ''lien'', ''loyen'' "bond", "restraint", from Latin ''ligamen'', from ''ligare'' "to bind". In the United States, the term lien generally refers to a wide range of encumbrances and would include other forms of mortgage or charge. In the US, a lien characteristically refers to '' nonpossessory'' security interests (see generally: ). In other common-law countries, the term lien refers to a very specific type of security interest, being a passive right to retain (but not sell) property until the debt or other obligation is discharged. In contrast to the usage of the term in the US, in other countries it refers to a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trover
Trover () is a form of lawsuit in common-law countries for recovery of damages for wrongful taking of personal property. Trover belongs to a series of remedies for such wrongful taking, its distinctive feature being recovery only for the value of whatever was taken, not for the recovery of the property itself (see replevin). Overview Although actions in trover can be traced to the time of Bracton, and later Edward I of England, it became more clearly defined later during the reign of Henry VI of England, 1422–1461 and 1470–1471. Action in trover became a mature legal doctrine during the reign of Elizabeth I of England, 1558–1603. Early trover cases involved the keeping or taking of a bailment by the bailee (the person charged to hold the property with "ordinary care"). Others concerned the use of lost chattels found by another and determining who was the real owner. Early on, there was difficulty in dealing with situations where chattels held by a bailee were used by a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of New South Wales
The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales. It has unlimited jurisdiction within the state in civil matters, and hears the most serious criminal matters. Whilst the Supreme Court is the highest New South Wales court in the Australian court hierarchy, an appeal by special leave can be made to the High Court of Australia. Matters of appeal can be submitted to the New South Wales Court of Appeal and Court of Criminal Appeal, both of which are constituted by members of the Supreme Court, in the case of the Court of Appeal from those who have been commissioned as judges of appeal. The Supreme Court consists of 52 permanent judges, including the Chief Justice of New South Wales, presently Andrew Bell, the President of the Court of Appeal, 10 Judges of Appeal, the Chief Judge at Common Law, and the Chief Judge in Equity. The Supreme Court's central location is the Law Courts Building in Queen's Square, Sydney, New So ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Liverpool, England
Liverpool is a city and metropolitan borough in Merseyside, England. With a population of in 2019, it is the 10th largest English district by population and its metropolitan area is the fifth largest in the United Kingdom, with a population of 2.24 million. On the eastern side of the Mersey Estuary, Liverpool historically lay within the ancient hundred of West Derby in the county of Lancashire. It became a borough in 1207, a city in 1880, and a county borough independent of the newly-created Lancashire County Council in 1889. Its growth as a major port was paralleled by the expansion of the city throughout the Industrial Revolution. Along with general cargo, freight, and raw materials such as coal and cotton, merchants were involved in the slave trade. In the 19th century, Liverpool was a major port of departure for English and Irish emigrants to North America. It was also home to both the Cunard and White Star Lines, and was the port of registry of the ocean lin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sydney, Australia
Sydney ( ) is the capital city of the States and territories of Australia, state of New South Wales, and the most populous city in both Australia and List of cities in Oceania by population, Oceania. Located on Australia's east coast, the metropolis surrounds Sydney Harbour and extends about towards the Blue Mountains (New South Wales), Blue Mountains to the west, City of Hawkesbury, Hawkesbury to the north, the Royal National Park to the south and Macarthur, New South Wales, Macarthur to the south-west. Sydney is made up of 658 suburbs, spread across 33 local government areas. Residents of the city are known as "Sydneysiders". The 2021 census recorded the population of Greater Sydney as 5,231,150, meaning the city is home to approximately 66% of the state's population. Estimated resident population, 30 June 2017. Nicknames of the city include the 'Emerald City' and the 'Harbour City'. Indigenous Australians, Aboriginal Australians have inhabited the Greater Sydney region for a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bankrupt
Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debtor. Bankrupt is not the only legal status that an insolvent person may have, and the term ''bankruptcy'' is therefore not a synonym for insolvency. Etymology The word ''bankruptcy'' is derived from Italian ''banca rotta'', literally meaning "broken bank". The term is often described as having originated in renaissance Italy, where there allegedly existed the tradition of smashing a banker's bench if he defaulted on payment so that the public could see that the banker, the owner of the bench, was no longer in a condition to continue his business, although some dismiss this as a false etymology. History In Ancient Greece, bankruptcy did not exist. If a man owed and he could not pay, he and his wife, children or servants were forced into ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1859 In British Law
Events January–March * January 21 – José Mariano Salas (1797–1867) becomes Conservative interim President of Mexico. * January 24 ( O. S.) – Wallachia and Moldavia are united under Alexandru Ioan Cuza (Romania since 1866, final unification takes place on December 1, 1918; Transylvania and other regions are still missing at that time). * January 28 – The city of Olympia is incorporated in the Washington Territory of the United States of America. * February 2 – Miguel Miramón (1832–1867) becomes Conservative interim President of Mexico. * February 4 – German scholar Constantin von Tischendorf rediscovers the ''Codex Sinaiticus'', a 4th-century uncial manuscript of the Greek Bible, in Saint Catherine's Monastery on the foot of Mount Sinai, in the Khedivate of Egypt. * February 14 – Oregon is admitted as the 33rd U.S. state. * February 12 – The Mekteb-i Mülkiye School is founded in the Ottoman Empire. * February 17 – French naval forces under Cha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Kingdom Property Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-1 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1859 In Case Law
Events January–March * January 21 – José Mariano Salas (1797–1867) becomes Conservative interim President of Mexico. * January 24 ( O. S.) – Wallachia and Moldavia are united under Alexandru Ioan Cuza (Romania since 1866, final unification takes place on December 1, 1918; Transylvania and other regions are still missing at that time). * January 28 – The city of Olympia is incorporated in the Washington Territory of the United States of America. * February 2 – Miguel Miramón (1832–1867) becomes Conservative interim President of Mexico. * February 4 – German scholar Constantin von Tischendorf rediscovers the ''Codex Sinaiticus'', a 4th-century uncial manuscript of the Greek Bible, in Saint Catherine's Monastery on the foot of Mount Sinai, in the Khedivate of Egypt. * February 14 – Oregon is admitted as the 33rd U.S. state. * February 12 – The Mekteb-i Mülkiye School is founded in the Ottoman Empire. * February 17 – French naval forces under Cha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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