|
Krell V Henry
''Krell v Henry'' 9032 KB 740 is an English case which sets forth the doctrine of frustration of purpose in contract law. It is one of a group of cases, known as the "coronation cases", which arose from events surrounding the coronation of King Edward VII and Queen Alexandra in 1902. Facts The defendant, CS Henry, agreed by contract on 20 June 1902, to rent a flat at 56A Pall Mall from the plaintiff, Paul Krell, for the purpose of watching the coronation procession of Edward VII scheduled for 26 and 27 June. The housekeeper of the premises had informed Henry that he would have an excellent view of the procession from the room. Desiring to secure the rental of Krell's flat for the purpose of observing the coronation procession, Henry wrote the following letter to Krell's solicitor: I am in receipt of yours of the 18th instant, inclosing form of agreement for the suite of chambers on the third floor at 56A, Pall Mall, which I have agreed to take for the two days, the 26t ... [...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] |
Counterclaim
In a court of law, a party's claim is a counterclaim if one party asserts claims in response to the claims of another. In other words, if a plaintiff initiates a lawsuit and a defendant responds to the lawsuit with claims of their own against the plaintiff, the defendant’s claims are “counterclaims.” Examples of counterclaims include: * After a bank has sued a customer for an unpaid debt, the customer counterclaims (sues back) against the bank for fraud in procuring the debt. The court will sort out the different claims in one lawsuit (unless the claims are severed). * Two cars collide. After one person sues for damage to his/her car and personal injuries, the defendant counterclaims for similar property damage and personal injury claims. United States In U.S. federal courts, counterclaims can arise on various occasions, including e.g.: *an attempt by the defendant to offset or reduce the amount/implications of the plaintiff's claim; *a different claim by the defendant ... [...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] |
King Edward VII Of The United Kingdom
Edward VII (Albert Edward; 9 November 1841 – 6 May 1910) was King of the United Kingdom of Great Britain and Ireland and Emperor of India, from 22 January 1901 until his death in 1910. The second child and eldest son of Queen Victoria and Prince Albert of Saxe-Coburg and Gotha, and nicknamed "Bertie", Edward was related to royalty throughout Europe. He was Prince of Wales and heir apparent to the British throne for almost 60 years. During the long reign of his mother, he was largely excluded from political influence and came to personify the fashionable, leisured elite. He travelled throughout Britain performing ceremonial public duties and represented Britain on visits abroad. His tours of North America in 1860 and of the Indian subcontinent in 1875 proved popular successes, but despite public approval, his reputation as a playboy prince soured his relationship with his mother. As king, Edward played a role in the modernisation of the British Home Fleet and the reorganis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Frustration In English Law
Frustration is an English contract law doctrine that acts as a device to set aside contracts where an unforeseen event either renders contractual obligations impossible, or radically changes the party's principal purpose for entering into the contract. Historically, there had been no way of setting aside an impossible contract after formation; it was not until 1863, and the case of '' Taylor v Caldwell'', that the beginnings of the doctrine of frustration were established. Whilst the doctrine has seen expansion from its inception,Koffman, Macdonald, p. 520 it is still narrow in application;Halson, p. 419 Lord Roskill stated that "the doctrine is not lightly to be invoked to relieve contracting parties of the normal consequences of imprudent commercial bargains." Development of the doctrine Early cases such as '' Paradine v Jane'' show the historical line that the courts took toward a frustration of purpose in contract; here, the courts held that where land under lease to the def ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chandler V Webster
''Chandler v Webster'' 904 1 KB 493 is an English contract law case concerning frustration. It is one of several coronation cases which appeared in the courts after King Edward VII fell ill and his coronation was postponed. Facts Mr Webster agreed to let Mr Chandler a room on Pall Mall to watch the king's coronation on 26 June 1902 for £141 15s (). It was understood between the parties that the money for the room should be paid before the procession. Mr Chandler hired the room with the intention of erecting a stand and selling tickets. On 10 June Mr Chandler wrote to Mr Webster saying: Mr Chandler paid £100 on 19 June but then the king fell ill. The question was whether the £100 could be recovered by Mr Chandler, or whether Mr Webster could demand the balance. Judgment High Court Wright J held that the plaintiff was not entitled to recover the £100 which he had paid, and that, on the construction of the letter of 10 June, it appeared that the balance was not payabl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Herne Bay Steamboat Co V Hutton
''Herne Bay Steamboat Co v Hutton'' 9032 KB 683 is a case on the subject of frustration of purpose. It is one of a group of cases arising out of the same event, known as the coronation cases. Facts The defendant, Mr Hutton, contracted to hire a steamship, named ''Cynthia'', on 28 and 29 June 1902. This was following a public announcement that a Royal naval review was to take place at Spithead on that day. The contract was "for the purpose of viewing the naval review and for a day's cruise round the fleet". Following the cancellation of the coronation, and of the naval review, the defendants refused payment, stating the contract was frustrated in purpose. Judgment Whilst at first instance the defendant succeeded in this argument, it was reversed by the Court of Appeal, who deemed the contract was not frustrated, and the balance in full was due to the plaintiff. At first this may seem contradictory to '' Krell v Henry''. However, it can be explained by reference to the agreeme ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Taxicab
A taxi, also known as a taxicab or simply a cab, is a type of vehicle for hire with a driver, used by a single passenger or small group of passengers, often for a non-shared ride. A taxicab conveys passengers between locations of their choice. This differs from public transport where the pick-up and drop-off locations are decided by the service provider, not by the customers, although demand responsive transport and share taxis provide a hybrid bus/taxi mode. There are four distinct forms of taxicab, which can be identified by slightly differing terms in different countries: * Hackney carriages, also known as public hire, hailed or street taxis, licensed for hailing throughout communities * Private hire vehicles, also known as minicabs or private hire taxis, licensed for pre-booking only * Taxibuses, also come in many variations throughout the developing countries as jitneys or jeepney, operating on pre-set routes typified by multiple stops and multiple independent passenger ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Affidavits
An ( ; Medieval Latin for "he has declared under oath") is a written statement voluntarily made by an ''affiant'' or '' deponent'' under an oath or affirmation which is administered by a person who is authorized to do so by law. Such a statement is witnessed as to the authenticity of the affiant's signature by a taker of oaths, such as a notary public or commissioner of oaths. An affidavit is a type of verified statement or showing, or in other words, it contains a verification, which means that it is made under oath on penalty of perjury, and this serves as evidence for its veracity and is required in court proceedings. Definition An affidavit is typically defined as a written declaration or statement that is sworn or affirmed before a person who has authority to administer an oath. There is no general defined form for an affidavit, although for some proceedings an affidavit must satisfy legal or statutory requirements in order to be considered. An affidavit may include, * a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parol Evidence Rule
The parol evidence rule is a rule in the Anglo-American common law that governs what kinds of evidence parties to a contract dispute can introduce when trying to determine the specific terms of a contract. The rule also prevents parties who have reduced their agreement to a final written document from later introducing other evidence, such as the content of oral discussions from earlier in the negotiation process, as evidence of a different intent as to the terms of the contract. The rule provides that "extrinsic evidence is inadmissible to vary a written contract". The term "parol" derives from the Anglo-Norman French ''parol'' or ''parole'', meaning "word of mouth" or "verbal", and in medieval times referred to oral pleadings in a court case. The rule's origins lie in English contract law, but has been adopted in other common law jurisdictions; however there are now some differences between application of the rule in different jurisdictions. For instance, in the US, a common ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Necessary Condition
In logic and mathematics, necessity and sufficiency are terms used to describe a conditional or implicational relationship between two statements. For example, in the conditional statement: "If then ", is necessary for , because the truth of is guaranteed by the truth of (equivalently, it is impossible to have without ). Similarly, is sufficient for , because being true always implies that is true, but not being true does not always imply that is not true. In general, a necessary condition is one that must be present in order for another condition to occur, while a sufficient condition is one that produces the said condition. The assertion that a statement is a "necessary ''and'' sufficient" condition of another means that the former statement is true if and only if the latter is true. That is, the two statements must be either simultaneously true, or simultaneously false. In ordinary English (also natural language) "necessary" and "sufficient" indicate relations betw ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roman Law
Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the ''Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law forms the basic framework for Civil law (legal system), civil law, the most widely used legal system today, and the terms are sometimes used synonymously. The historical importance of Roman law is reflected by the continued use of List of legal Latin terms, Latin legal terminology in many legal systems influenced by it, including common law. After the dissolution of the Western Roman Empire, the Roman law remained in effect in the Eastern Roman Empire. From the 7th century onward, the legal language in the East was Greek. ''Roman law'' also denoted the legal system applied in most of Western Europe until the end of the 18th century. In Germany, Roman law practice remained in place longer under the Holy Roman Empire ( ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
.jpg "Click for more on -> Court Of Appeal (England And Wales) Cases")
.jpg "Click for more on -> King Edward VII Of The United Kingdom")
