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Lewis V Averay
''Lewis v Averay'' 971EWCA Civ 4 is a case in English contract law on fraudulent misrepresentation or "mistake" about identity. Facts Impersonating Richard Greene, a popular actor from ''The Adventures of Robin Hood (TV series)'', a rogue gave this false name to the plaintiff who had advertised the sale of his car, and offered to buy it for the advertised price, £450. Subsequently, the rogue appended his signature that clearly displayed "R. A. Greene" on a cheque which he presented to the seller. As a result, he was granted the chance of taking away the car. The cheque bounced and the buyer was indeed not Richard Greene. The rogue sold the car to Averay, a third party who purchased the car in good faith. An action was brought against Averay for conversion. Judgment The Court of Appeal, following ''Phillips v Brooks'' held that despite his mistake, the plaintiff had completed a contract with the rogue. Lord Denning MR held there was no operative mistake and the property had pas ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fraudulent Misrepresentation
The tort of deceit is a type of legal injury that occurs when a person intentionally and knowingly deceives another person into an action that damages them. Specifically, deceit requires that the tortfeasor * makes a factual representation, * knowing that it is false, or reckless or indifferent about its veracity, * intending that another person relies on it, * who then acts in reliance on it, to that person's own detriment. Deceit dates in its modern development from ''Pasley v. Freeman''. Here the defendant said that a third party was creditworthy to the claimant, knowing he was broke. The claimant loaned the third party money and lost it. He sued the defendant successfully. Relationship with negligence The leading case in English law is '' Derry v. Peek'', which was decided before the development of the law on negligent misstatement. In '' Hedley Byrne & Co Ltd v. Heller & Partners Ltd'' it was decided that people who make statements which they ought to have known were untrue ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mistake In English Contract Law
Mistake(s) may refer to: * An error Law * Mistake (contract law), an erroneous belief, at contracting, that certain facts are true ** Mistake in English contract law, a specific type of mistake, pertaining to England * Mistake (criminal law), or ''mistake of fact'', a defense to criminal charges on the grounds of ignorance of a fact * Mistake of law, a defense to criminal charges on the grounds of ignorance of law * Error (law) Places * Mistake Bay, a bay in Canada * Mistake Crag, a crag in Antarctica * Mistake Creek, Queensland, an Australian locality * Mistake Peak, a mountain in Antarctica * Mistake Peak (Arizona), a mountain in the U.S. state of Arizona * Mistake River, a river in New Zealand Music * Mistake (album), ''Mistake'' (album), a 2002 album by D+ * Mistake (Moby song), "Mistake" (Moby song), 2009 * Mistake (Stephanie McIntosh song), "Mistake" (Stephanie McIntosh song), 2006 * Mistake (Mike Oldfield song), "Mistake" (Mike Oldfield song), 1982 * Mistakes (Brian McF ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Richard Greene
Richard Marius Joseph Greene (25 August 1918 – 1 June 1985) was a noted English film and television actor. A matinée idol who appeared in more than 40 films, he was perhaps best known for the lead role in the long-running British TV series ''The Adventures of Robin Hood'', which ran for 143 episodes from 1955 to 1959. Early life Greene of Irish and Scottish ancestry, and was born in Plymouth, Devon, England. He was raised Roman Catholic, attending Cardinal Vaughan Memorial School (Kensington, London), which he left at age 18. His aunt was actress Evie Greene. His father, Richard Abraham Greene and his mother, Kathleen Gerrard, were both actors with the Plymouth Repertory Theatre. He was the grandson of Richard Bentley Greene and a descendant of four generations of actors. It has been stated elsewhere that he was the grandson of the inventor William Friese-Greene, (credited by some as the inventor of cinematography) but this was found to be false, as a result of two parallel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Adventures Of Robin Hood (TV Series)
''The Adventures of Robin Hood'' is a British television series comprising 143 half-hour, black and white episodes broadcast weekly between 1955 and 1959 on ITV. It starred Richard Greene as the outlaw Robin Hood, and Alan Wheatley as his nemesis, the Sheriff of Nottingham. The show followed the legendary character Robin Hood and his band of merry men in Sherwood Forest and the surrounding vicinity. While some episodes dramatised the traditional Robin Hood tales, most were original dramas created by the show's writers and producers. The programme was produced by Sapphire Films Ltd for ITC Entertainment, filmed at Nettlefold Studios with some location work, and was the first of many pre-filmed shows commissioned by Lew Grade. In 1954, Grade was approached by American producer Hannah Weinstein to finance a series of 39 half-hour episodes, at a budget of £10,000 an episode, of a series she wished to make called ''The Adventures of Robin Hood''. She had already signed Richard Green ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conversion (law)
Conversion is an intentional tort A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable ... consisting of "taking with the intent of exercising over the Personal property, chattel an ownership inconsistent with the real owner's right of possession". In England & Wales, it is a tort of strict liability. Its equivalents in criminal law include larceny or theft and criminal conversion. In those jurisdictions that recognise it, criminal conversion is a lesser crime than theft/larceny. Examples of conversion include: 1) Alpha cuts down and hauls away trees on land s/he knows is owned by Beta, without permission or privilege to do so; and 2) Gamma takes furniture belonging to Delta and puts it into storage, without Delta's consent (and especially if Delta does not know where Gamma put it). A ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal (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 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 and the 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, High Court of Justice and Family Court. Permission to appeal is normally required from either the lower court or the Court of Appeal itself; and with permission, further appeal may lie to the Supreme Court. The C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Phillips V Brooks
''Phillips v Brooks Ltd'' 9192 KB 243 is an English contract law case concerning mistake. It held that a person is deemed to contract with the person in front of them unless they can substantially prove that they instead intended to deal with someone else (see also Shogun Finance Ltd v Hudson). Facts On 15 April 1918, a man named North entered Phillips' jewellery shop and said, "I am Sir George Bullough". He wrote a dud cheque for £3000 to pay for some pearls and a ring. He said he lived in St. James's Square. Mr Phillips checked the phone directory and found there was someone there by that name. Mr Phillips asked if he would like to take the jewellery with him and Mr North said he would leave the pearls but take the ring 'for his wife's birthday tomorrow'. Mr North then pawned the ring to Brooks Ltd for £350. When the false cheque was dishonoured, Phillips sued Brooks Ltd to get the ring back. Note that there are conflicting reports showing that Mr North identified himsel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tom Denning, Baron Denning
Alfred Thompson "Tom" Denning, Baron Denning (23 January 1899 – 5 March 1999) was an English lawyer and judge. He was called to the bar of England and Wales in 1923 and became a King's Counsel in 1938. Denning became a judge in 1944 when he was appointed to the Probate, Divorce and Admiralty Division of the High Court of Justice, and transferred to the King's Bench Division in 1945. He was made a Lord Justice of Appeal in 1948 after less than five years in the High Court. He became a Lord of Appeal in Ordinary in 1957 and after five years in the House of Lords returned to the Court of Appeal as Master of the Rolls in 1962, a position he held for twenty years. In retirement he wrote several books and continued to offer opinions on the state of the common law through his writing and his position in the House of Lords. Margaret Thatcher said that Denning was "probably the greatest English judge of modern times". Denning's appellate work in the Court of Appeal did not conce ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Henry Phillimore
Sir Henry Josceline Phillimore, OBE, PC (25 December 1910 – 4 June 1974) was an English barrister and judge, who served as a Lord Justice of Appeal from 1968 to 1974. Biography Henry Phillimore was the son of Charles Augustus Phillimore, a partner at Coutts Bank. His father's cousin was the prominent judge Walter Phillimore, 1st Baron Phillimore, himself the son of the judge Sir Robert Phillimore, 1st Baronet and grandson of the lawyer Joseph Phillimore. He was educated at Eton College, where he was an Oppidan, and Christ Church, Oxford, where he took second-class honours in Greats. He was called to the bar by the Middle Temple in 1934. He was the pupil of Edward Pearce, and after his pupillage joined his chambers. He joined the Western circuit and acquired a varied practice. He joined the Territorial Army as a gunner in July 1939, and was commissioned in December the same year. After serving in the Norwegian Campaign in 1940, he joined the Prisoner of War Departme ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Contract 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 * Englis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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