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Lauritzen A.S. V Wijsmuller B.V, (The Super Servant Two)
J. Lauritzen A.S. v Wijsmuller B.V, (The Super Servant Two) 9901 Lloyd's Rep 1 more commonly known as The Super Servant Two was a Court of Appeal case in English contract law. The case is one of the leading case law authorities relating to frustration of contract in English contract law. Facts The claimants in the case, J. Lauritzen A/S, were the owners of an oil drilling rig that the defendants Wijsmuller had agreed to transport from Japan to Rotterdam. Under the terms of the contract the defendants were able to transport the oil rig using one of either two ships known as ''The Super Servant One'' or the ''Super Servant Two''. The defendants decided to use the second ship as the first ship was being used for other contracts. However, in July 1981 the ''Super Servant Two'' was sunk in Zaire (now the Democratic Republic of Congo The Democratic Republic of the Congo (french: République démocratique du Congo (RDC), colloquially "La RDC" ), informally Congo-Kinshasa, DR Con ...
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Court Of Appeal
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 ordinaril ...
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Lord Dillon
Viscount Dillon, of Costello- Gallen in the County of Mayo, is a title in the Peerage of Ireland. It was created in 1622 for Theobald Dillon, Lord President of Connaught. The Dillons were a Hiberno-Norman landlord family from the 13th century in a part of County Westmeath called 'Dillon's Country'. His great-grandson, the seventh Viscount, was a supporter of the Catholic King James II of England and was outlawed after the Glorious Revolution. He founded 'Dillon's Regiment' of the Irish Brigade in the French Army, which was supported by the Wild Geese and achieved success at Fontenoy in 1745. However, his son Henry, the eighth Viscount, managed to obtain a reversal of the outlawry in 1694 and later served as Lord Lieutenant of County Roscommon. His younger brother, Lieutenant-General Arthur Dillon, was given the French title of ''Count Dillon'' in 1711 and was also created "Viscount Dillon" and "Earl of Dillon" by James Francis Edward Stuart, the Jacobite claimant to the ...
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Lord Bingham
Sir Thomas Henry Bingham, Baron Bingham of Cornhill, (13 October 193311 September 2010), was an eminent British judge who was successively Master of the Rolls, Lord Chief Justice and Senior Law Lord. He was described as the greatest lawyer of his generation. Baroness Hale of Richmond observed that his pioneering role in the formation of the United Kingdom Supreme Court may be his most important and long-lasting legacy.Mads Andenas and Duncan Fairgrieve, ''Tom Bingham and the Transformation of the Law'' (2009) p 209. Lord Phillips of Worth Matravers regarded Bingham as "one of the two great legal figures of my lifetime in the law" (the other figure, in context, being Lord Denning).Mads Andenas and Duncan Fairgrieve, ''Tom Bingham and the Transformation of the Law'' (2009) xlvii. David Hope, Baron Hope of Craighead described Bingham as "the greatest jurist of our time". After retiring from the judiciary in 2008, Bingham focused on teaching, writing, and lecturing on legal subject ...
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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 ...
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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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Democratic Republic Of Congo
The Democratic Republic of the Congo (french: République démocratique du Congo (RDC), colloquially "La RDC" ), informally Congo-Kinshasa, DR Congo, the DRC, the DROC, or the Congo, and formerly and also colloquially Zaire, is a country in Central Africa. It is bordered to the northwest by the Republic of the Congo, to the north by the Central African Republic, to the northeast by South Sudan, to the east by Uganda, Rwanda, and Burundi, and by Tanzania (across Lake Tanganyika), to the south and southeast by Zambia, to the southwest by Angola, and to the west by the South Atlantic Ocean and the Cabinda exclave of Angola. By area, it is the second-largest country in Africa and the 11th-largest in the world. With a population of around 108 million, the Democratic Republic of the Congo is the most populous officially Francophone country in the world. The national capital and largest city is Kinshasa, which is also the nation's economic center. Centered on the Congo Ba ...
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English Frustration 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 * E ...
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1990 In United Kingdom Case Law
Year 199 ( CXCIX) was a common year starting on Monday (link will display the full calendar) of the Julian calendar. At the time, it was sometimes known as year 952 ''Ab urbe condita''. The denomination 199 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place Roman Empire * Mesopotamia is partitioned into two Roman provinces divided by the Euphrates, Mesopotamia and Osroene. * Emperor Septimius Severus lays siege to the city-state Hatra in Central-Mesopotamia, but fails to capture the city despite breaching the walls. * Two new legions, I Parthica and III Parthica, are formed as a permanent garrison. China * Battle of Yijing: Chinese warlord Yuan Shao defeats Gongsun Zan. Korea * Geodeung succeeds Suro of Geumgwan Gaya, as king of the Korean kingdom of Gaya (traditional date). By topic Religion * Pope Zephyrinus succeeds Pope Victor I, as the ...
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1990 In British Law
Year 199 ( CXCIX) was a common year starting on Monday (link will display the full calendar) of the Julian calendar. At the time, it was sometimes known as year 952 '' Ab urbe condita''. The denomination 199 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place Roman Empire * Mesopotamia is partitioned into two Roman provinces divided by the Euphrates, Mesopotamia and Osroene. * Emperor Septimius Severus lays siege to the city-state Hatra in Central-Mesopotamia, but fails to capture the city despite breaching the walls. * Two new legions, I Parthica and III Parthica, are formed as a permanent garrison. China * Battle of Yijing: Chinese warlord Yuan Shao defeats Gongsun Zan. Korea * Geodeung succeeds Suro of Geumgwan Gaya, as king of the Korean kingdom of Gaya (traditional date). By topic Religion * Pope Zephyrinus succeeds Pope Victor I, as ...
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