|
Liverpool City Council V Irwin
{{Clist implied terms ''Liverpool City Council v Irwin'' 976UKHL 1is a leading English contract law case, concerning the basis on which courts may Implied terms in English law">imply terms into contracts; in particular in relation to all types of tenancies (including leases of land), a term may be implied if required for a particular relationship, such as for the landlord to keep the stairwells clear in a tower block. The tenants also had a duty of reasonable care which some among them had been repeatedly breached and led to a continuing breach in matters of damage about which they complained so they were not entitled to withhold rent on the facts. Facts Three 15-storey tower blocks were built in Everton, Liverpool in 1966. Each had 70 units, a stairwell, two lifts, and a rubbish chute. Mr and Mrs Irwin were tenants from July 1966. The common parts were vandalised, the lifts did not work, the stair lights failed, the chute was blocked, lavatory cisterns blocked and overflowed. Th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Wilberforce
Richard Orme Wilberforce, Baron Wilberforce, (11 March 1907 – 15 February 2003) was a British judge. He was a Lord of Appeal in Ordinary from 1964 to 1982. Early life and career Born in Jalandhar, India, Richard Wilberforce was the son of Samuel Wilberforce, ICS, later a judge of the Lahore High Court, and of Katherine Wilberforce, the daughter of John Sheepshanks, Bishop of Norwich. His grandfather was Reginald Wilberforce, who helped restore British order in Delhi, after the Indian Rebellion of 1857. His great-grandfather was Samuel Wilberforce, Bishop of Winchester, and his great-great-grandfather was the abolitionist William Wilberforce, a connection which had much influence upon him. Wilberforce spent the first seven years of his life in India, before being sent to England in 1914 on the outbreak of the First World War. He attended five preparatory schools, the last being Sandroyd School. From Sandroyd he went to Winchester College in 1920 where Monty Rendall, the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Paragon Finance Plc V Nash
''Paragon Finance plc v Nash'' 001EWCA Civ 1466is an English contract law case concerning unfair contract terms. Facts Paragon (t/a National Home Loans Corporation plc until 1997) was claiming possession from Mr and Mrs Nash in South Norwood for late mortgage repayments. Paragon’s rate of interest was variable at its discretion. The Bank of England lowered its interest rate. Paragon did not ‘pass on’ the lower rate. Nash claimed that they were being made to pay substantially over the market rate of interest for secured loans, and were unable to find another lender because they had fallen into arrears. Mr & Mrs Nash argued that the interest rates were extortionate under the Consumer Credit Act 1974 section 138 (grossly exorbitant, grossly contravenes principles of fair trading; regard had to prevailing interest rates and risk). Judgment Dyson LJ held that the power to vary the interest rate at its discretion had to be exercised in a rational and honest way. This implied ter ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1977 In Case Law
Events January * January 8 – 1977 Moscow bombings, Three bombs explode in Moscow within 37 minutes, killing seven. The bombings are attributed to an Armenian separatist group. * January 10 – Mount Nyiragongo erupts in eastern Zaire (now the Democratic Republic of the Congo). * January 17 ** 49 marines from the and are killed as a result of a collision in Barcelona harbour, Spain. * January 18 ** Scientists identify a previously unknown Bacteria, bacterium as the cause of the mysterious Legionnaires' disease. ** Australia's worst Granville rail disaster, railway disaster at Granville, a suburb of Sydney, leaves 83 people dead. ** SFR Yugoslavia Prime minister Džemal Bijedić, his wife and 6 others are killed in a plane crash in Bosnia and Herzegovina. * January 19 – An Ejército del Aire CASA C-207 Azor, CASA C-207C Azor (registration T.7-15) plane crashes into the side of a mountain near Chiva, Valencia, Chiva, on approach to Valencia Airport in Spain, killing all ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
House Of Lords Cases
A house is a single-unit residential building. It may range in complexity from a rudimentary hut to a complex structure of wood, masonry, concrete or other material, outfitted with plumbing, electrical, and heating, ventilation, and air conditioning systems.Schoenauer, Norbert (2000). ''6,000 Years of Housing'' (rev. ed.) (New York: W.W. Norton & Company). Houses use a range of different roofing systems to keep precipitation such as rain from getting into the dwelling space. Houses may have doors or locks to secure the dwelling space and protect its inhabitants and contents from burglars or other trespassers. Most conventional modern houses in Western cultures will contain one or more bedrooms and bathrooms, a kitchen or cooking area, and a living room. A house may have a separate dining room, or the eating area may be integrated into another room. Some large houses in North America have a recreation room. In traditional agriculture-oriented societies, domestic animals s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1977 In British Law
Events January * January 8 – Three bombs explode in Moscow within 37 minutes, killing seven. The bombings are attributed to an Armenian separatist group. * January 10 – Mount Nyiragongo erupts in eastern Zaire (now the Democratic Republic of the Congo). * January 17 ** 49 marines from the and are killed as a result of a collision in Barcelona harbour, Spain. * January 18 ** Scientists identify a previously unknown bacterium as the cause of the mysterious Legionnaires' disease. ** Australia's worst railway disaster at Granville, a suburb of Sydney, leaves 83 people dead. ** SFR Yugoslavia Prime minister Džemal Bijedić, his wife and 6 others are killed in a plane crash in Bosnia and Herzegovina. * January 19 – An Ejército del Aire CASA C-207C Azor (registration T.7-15) plane crashes into the side of a mountain near Chiva, on approach to Valencia Airport in Spain, killing all 11 people on board. * January 20 – Jimmy Carter is sworn in as the 39th Pres ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Implied Terms 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 ... [...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 bo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crossley V Faithful & Gould Holdings Ltd
''Crossley v Faithful & Gould Holdings Ltd'' 004EWCA Civ 293is an English contract law case, concerning Implied terms in English law">implied terms in employment contracts. Facts Crossley was a long-standing employee and director of Faithful & Gould Holdings Ltd. He fell sick and was unable to work. As a member of the firm’s disability insurance scheme he was entitled to benefits while he remained employed by the company. He was advised by his doctor to seek early retirement on health grounds as he was not expected to recover from his illness. After discussions with his employer he tendered his resignation in terms suggested by the company. The resignation resulted in the loss of entitlement to benefits and the scheme insurer stopped payments after one year. Crossley sought a ruling that an implied term of his contract of employment was that the employer would take reasonable care for his economic well-being and that by not drawing his attention to the loss of benefits had fail ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mahmud And Malik V Bank Of Credit And Commerce International SA
''Malik and Mahmud v Bank of Credit and Commerce International SA'' 997UKHL 23is a leading English contract law and UK labour law case, which confirmed the existence of the implied term of mutual trust and confidence in all Contract of employment, contracts of employment. Facts Mr Malik and Mr Mahmud both worked for the Bank of Credit and Commerce International. BCCI went insolvent due to massive fraud, connection with terrorists, money-laundering, extortion and a raft of other criminal activity on a global scale. Malik and Mahmud had both lost their jobs and they sought employment elsewhere. They could not find jobs. They sued the company for their loss of job prospects, alleging that their failure to secure new jobs was due to the reputational damage they had suffered from working with BCCI. Nobody, they said, wanted to hire people from a massive fraud operation like that at the company. This raised the question of what duty the company had owed to its employees that had been ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Johnstone V Bloomsbury Health Authority
''Johnstone v Bloomsbury Health Authority'' 992QB 333 is an English contract law case, concerning implied terms and unfair terms under the Unfair Contract Terms Act 1977. Facts Dr Chris Johnstone was a junior doctor in the Obstetric Department at the University College Hospital. According to para 4(b) of his contract, he was expected to be available on call for 48 hours a week on average, on top of his 40-hour contract. His first claim was that it was a breach of the duty of care to have a contract which could cause foreseeable injury. His alternative claim was that the clause allowing him to be so long on call was contrary to the Unfair Contract Terms Act 1977 section 2(1). Stephen Sedley QC represented Dr Johnstone. Judgment The Court of Appeal held that Bloomsbury Health Authority had to pay damages for the harm to Dr Johnstone's health, and by a majority based this decision on the common law, but for different reasons. Stuart-Smith LJ held that an implied term in law can ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scally V Southern Health And Social Services Board
''Scally v Southern Health and Social Services Board'' 9921 AC 294 is an English contract law case, relevant for pensions and UK labour law, concerning implied terms. Facts Dr Gabriel Scally and three other doctors were employees of either the Southern or Eastern Health and Social Services Boards in Northern Ireland. In consequence of the long duration of undergraduate medical training, six years, they would not have been in paid employment for the requisite 40 years before retirement to get full superannuation (or pension) benefits by the time they reached 60 years of age. But by law they could "top up" their superannuation by a lump sum purchase of added years of superannuation entitlement within twelve months of beginning their first period of employment in the Health and Social Services. Their employer did not inform them of this option within the twelve month time limit and therefore they were not in a position to take advantage of the enhancement. Reynold QC, counsel fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Shell UK Ltd V Lostock Garage Ltd
''Shell UK Ltd v Lostock Garages Ltd'' 9761 WLR 1187 is an English contract law and UK competition law case concerning implied terms and restraint of trade. Facts Lostock and Shell had a written contract that Shell would supply petrol and oil to Lostock, in return for Lostock buying its goods from Shell exclusively. In a price war, Shell reduced its petrol prices for some nearby petrol stations. Customers went there, and Lostock had no choice but to trade at a loss. Lostock sought another supplier and Shell sued Lostock for breach of contract. Judgment The Court of Appeal, by a majority, held that no term could be implied that Shell should not "abnormally discriminate" against Lostock. It was held that Shell would not have agreed to the termsee also, '' The Good Luck'' 9892 Lloyd's Rep 238, 273 and '' The Gudermes'' 993 Year 993 ( CMXCIII) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar. Events By place Europe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
