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Leaf V International Galleries
''Leaf v International Galleries'' [1950] 2 KB 86 is an English contract law case concerning misrepresentation, Mistake (contract law), mistake and breach of contract, and the limits to the equity (law), equitable Equitable remedy, remedy of Rescission (contract law), rescission. Facts ''Salisbury Cathedral'' by John Constable was what Ernest Louis Leaf thought he was buying on 8 March 1944 from International Galleries. International Galleries said it was a Constable. Leaf paid £85. Five years later when he tried to auction it, Leaf was told that it was not a Constable. He claimed rescission of the contract against International Galleries, to get back his money. Judgment Denning LJ held that Mr Leaf was barred because too much time had lapsed. He held that in the event of lapse of too much time between the making of the contract and the decision to rescind, the right to rescind is lost. He held there was a mistake about the quality of the subject matter because both parties bel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Denning LJ
Alfred Thompson "Tom" Denning, Baron Denning (23 January 1899 – 5 March 1999) was an English lawyer and judge. He was call to the bar, 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 Family Division, Probate, Divorce and Admiralty Division of the High Court of Justice, and transferred to the Queen's Bench Division, 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 Judicial functions of the House of Lords, 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 grea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sale Of Goods Act 1893
The Sale of Goods Act 1893 (56 & 57 Vict. c.71) was an Act of the Parliament of the United Kingdom of Great Britain and Ireland which regulated contracts in which goods are sold and bought. Its purpose was to define the rights and duties of the parties (where not expressly defined in the agreement), while specifically preserving the relevance of ordinary contractual principles. The Act remains in force in the Republic of Ireland. Background The Act was drafted by Sir Mackenzie Chalmers, who later drafted the Marine Insurance Act 1906. As noted by Lord Denning MR in ''The Mihalis Angelos'' 9711 QB 164 he adopted a division between conditions and warranties in terms of contracts, propounded by Sir Frederick Pollock in his book ''Formation of Contracts''. This was followed by Fletcher Moulton LJ in a celebrated dissent in '' Wallis, Son & Wells v Pratt & Haynes'' 9102 KB 1003, 1012 and adopted by the House of Lords in 911AC 394. The Sale of Goods Act 1893 is considered to be class ... [...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] |
1950 In British Law
Year 195 ( CXCV) was a common year starting on Wednesday (link will display the full calendar) of the Julian calendar. At the time, it was known as the Year of the Consulship of Scrapula and Clemens (or, less frequently, year 948 '' Ab urbe condita''). The denomination 195 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 * Emperor Septimius Severus has the Roman Senate deify the previous emperor Commodus, in an attempt to gain favor with the family of Marcus Aurelius. * King Vologases V and other eastern princes support the claims of Pescennius Niger. The Roman province of Mesopotamia rises in revolt with Parthian support. Severus marches to Mesopotamia to battle the Parthians. * The Roman province of Syria is divided and the role of Antioch is diminished. The Romans annexed the Syrian cities of Edessa and Nisibis. Severus re-establish his ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Denning Cases
A list of cases involving Lord Denning is bound to be incomplete, since he delivered around 2000 reported judgments. Lord Denning served as a judge for nearly 40 years, from 1944 to 1982. He often played a decisive role in developing the law and was influential around the Commonwealth and common law world. Counsel *''L'Estrange v F Graucob Ltd'' 9342 KB 394 High Court *'' Fletcher v Fletcher'' 9451 All ER 582, 61 TLR 354, Denning approves the divorce of a husband who deserted wife by withdrawing sexual intercourse and joining a religious community. *''Central London Property Trust Ltd v High Trees House Ltd'' 947KB 130, Denning resurrects the lost doctrine of promissory estoppel. Court of Appeal *'' Hain Steampship Co Ltd v Minister of Food'' 9491 All ER 444 (C.A.) *''Olley v Marlborough Court Hotel'' 9491 KB 532, on exclusion clauses in contract law. *'' Metropolitan Borough and the Town Clerk of Lewisham v Roberts'' 9492 K.B. 608 (C.A.) — Dissenting, an executive body sh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Misrepresentation 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] |
The Guardian
''The Guardian'' is a British daily newspaper. It was founded in 1821 as ''The Manchester Guardian'', and changed its name in 1959. Along with its sister papers ''The Observer'' and ''The Guardian Weekly'', ''The Guardian'' is part of the Guardian Media Group, owned by the Scott Trust. The trust was created in 1936 to "secure the financial and editorial independence of ''The Guardian'' in perpetuity and to safeguard the journalistic freedom and liberal values of ''The Guardian'' free from commercial or political interference". The trust was converted into a limited company in 2008, with a constitution written so as to maintain for ''The Guardian'' the same protections as were built into the structure of the Scott Trust by its creators. Profits are reinvested in journalism rather than distributed to owners or shareholders. It is considered a newspaper of record in the UK. The editor-in-chief Katharine Viner succeeded Alan Rusbridger in 2015. Since 2018, the paper's main news ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Salt V Stratstone Specialist Ltd
Salt is a mineral composed primarily of sodium chloride (NaCl), a chemical compound belonging to the larger class of salts; salt in the form of a natural crystalline mineral is known as rock salt or halite. Salt is present in vast quantities in seawater. The open ocean has about of solids per liter of sea water, a salinity of 3.5%. Salt is essential for life in general, and saltiness is one of the basic human tastes. Salt is one of the oldest and most ubiquitous food seasonings, and is known to uniformly improve the taste perception of food, including otherwise unpalatable food. Salting, brining, and pickling are also ancient and important methods of food preservation. Some of the earliest evidence of salt processing dates to around 6,000 BC, when people living in the area of present-day Romania boiled spring water to extract salts; a salt-works in China dates to approximately the same period. Salt was also prized by the ancient Hebrews, Greeks, Romans, Byzantines, Hi ... [...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] |
Misrepresentation Act 1967
The Misrepresentation Act 1967 is a United Kingdom Acts of Parliament in the United Kingdom, Act of Parliament of the United Kingdom which amended the common law principles of Misrepresentation in English law, misrepresentation. Prior to the Act, the common law deemed that there were two categories of misrepresentation: fraudulent and innocent. The effect of the act is primarily to create a new category by dividing innocent misrepresentation into two separate categories: negligent and "wholly" innocent; and it goes on to state the remedies in respect of each of the three categories. The Misrepresentation Act Section 1 Removal of certain bars to rescission for innocent misrepresentation. Where a person has entered into a contract after a misrepresentation has been made to him, and— :(a) the misrepresentation has become a term of the contract; or :(b) the contract has been performed; or both, then, if otherwise he would be entitled to rescind the contract without alleging fraud, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Misrepresentation In English Law
In common law jurisdictions, a misrepresentation is a false or misleading '' R v Kylsant'' 931/ref> statement of fact made during negotiations by one party to another, the statement then inducing that other party to enter into a contract. The misled party may normally rescind the contract, and sometimes may be awarded damages as well (or instead of rescission). The law of misrepresentation is an amalgam of contract and tort; and its sources are common law, equity and statute. In England and Wales, the common law was amended by the Misrepresentation Act 1967. The general principle of misrepresentation has been adopted by the United States and other former British colonies, e.g. India. Representation and contract terms A "representation" is a pre-contractual statement made during negotiations. If a representation has been incorporated into the contract as a term, then the normal remedies for breach of contract apply. Factors that determine whether or not a representation has beco ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Vitiating Factors In The Law Of Contract
In English law, a vitiating factor in the common law of contract is a factor that can affect the validity of a contract. The concept has been adopted in other common law jurisdictions, including the USA. A vitiating factor is one which spoils the contract, rendering it imperfect. The standard remedy is rescission, but damages may also be available. (By contrast, the standard remedy for breach of contract is damages, with repudiation available for serious breach only).''The Mihalis Angelos'' See also *Good faith *US contract law *Duress in American law *German contract law *French contract law * Principles of European Contract Law Arts 4:107, 4:116 and 4:117 *Misleading or deceptive conduct *Tort of deceit 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, * kn ... Notes {{English contra ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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