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Long V Lloyd
''Long v Lloyd'' 9581 WLR 753 is an English contract law case concerning misrepresentation. It exemplifies that if a contract is affirmed by the party who has been misrepresented, rescission will be barred. Facts Lloyd advertised a lorry as being in ‘exceptional condition’. Mr Long went to Mr Lloyd's premises to see it. Mr Lloyd then said it could do 40 mph. On a trial run from Hampton Court to Sevenoaks, he said it did 11 miles to the gallon. Mr Long bought it for £750. Two days later, driving to Rochester and back the dynamo stopped working, the oil seal was defective, there was a crack in the wheel and it did only five miles to the gallon. Mr Lloyd then said he would repair for half price of a reconstructed dynamo. Mr Long accepted. Then on another journey, being used by his brother on a business trip to Middlesbrough, it broke down. Mr Long sued to rescind. Judgment Pearce LJ held that the contract had been affirmed when it was taken back after having been fixed. ... [...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] |
Misrepresentation
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] |
Rescission (contract Law)
In contract law, rescission is an equitable remedy which allows a contractual party to cancel the contract. Parties may rescind if they are the victims of a vitiating factor, such as misrepresentation, mistake, duress, or undue influence. Rescission is the unwinding of a transaction. This is done to bring the parties, as far as possible, back to the position in which they were before they entered into a contract (the ''status quo ante''). Taxonomy Rescission is used throughout the law in a number of different senses. The failure to draw these crucial distinctions is productive of serious confusion. Although Judicature legislation has been enacted throughout the common law world, and jurisdictions vary in their recognition of a distinct body of law known as equity, reference to the jurisdictional origins is still important for the purposes of exposition. * ''"Rescission" in the sense of termination''. Rescission in this sense is not the focus of this article. Where a contract ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Affirmation In Law
In law, an affirmation is a solemn declaration allowed to those who conscientiously object to taking an oath. An affirmation has exactly the same legal effect as an oath but is usually taken to avoid the religious implications of an oath; it is thus legally binding but not considered a religious oath. Some religious adherents hold beliefs that allow them to make legally binding promises but forbid them to swear an oath before a deity. Additionally, an individual may decline making a religious oath due to their personal beliefs, or those of their audience. In some jurisdictions, an affirmation may be given only if such a reason is provided. United Kingdom A right to give an affirmation has existed in English law since the Quakers Act 1695 (An Act that the Solemne Affirmation & Declaration of the People called Quakers shall be accepted instead of an Oath in the usual Forme; 7 & 8 Will. 3 c. 34) was passed. The text of the affirmation was the following: "I A.B. do declare in the Pre ... [...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] |
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] |
Hampton Court
Hampton Court Palace is a Grade I listed royal palace in the London Borough of Richmond upon Thames, southwest and upstream of central London on the River Thames. The building of the palace began in 1514 for Cardinal Thomas Wolsey, the chief minister of Henry VIII. In 1529, as Wolsey fell from favour, the cardinal gave the palace to the king to check his disgrace. The palace went on to become one of Henry's most favoured residences; soon after acquiring the property, he arranged for it to be enlarged so that it might more easily accommodate his sizeable retinue of courtiers. Along with St James' Palace, it is one of only two surviving palaces out of the many the king owned. The palace is currently in the possession of King Charles III and the Crown. In the following century, King William III's massive rebuilding and expansion work, which was intended to rival the Palace of Versailles, destroyed much of the Tudor palace.Dynes, p. 90. His work ceased in 1694, leaving the pala ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sevenoaks
Sevenoaks is a town in Kent with a population of 29,506 situated south-east of London, England. Also classified as a civil parishes in England, civil parish, Sevenoaks is served by a commuter South Eastern Main Line, main line railway into London. Sevenoaks is from Charing Cross, the traditional centre of London. It is the principal town of the Sevenoaks (district), Sevenoaks district, followed by Swanley and Edenbridge, Kent, Edenbridge. A settlement was recorded in the 13th century, when a market was established. Construction of Knole House in the 15th century helped develop the village. Sevenoaks became part of the modern communications network when one of the early toll road, turnpikes was opened in the 18th century; the railway was relatively late in reaching it. In the 21st century, it has a large Commuter town, commuting population. The nearby Fort Halstead defence installation was formerly a major local employer. Located to the south-east of the town is Knole Park, wit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rochester, Kent
Rochester ( ) is a town in the unitary authority of Medway, in Kent, England. It is at the lowest bridging point of the River Medway, about from London. The town forms a conurbation with neighbouring towns Chatham, Rainham, Strood and Gillingham. Rochester was a city until losing its status as one in 1998 following the forming of Medway and failing to protect its status as a city. There have been ongoing campaigns to reinstate the city status for Rochester. Rochester was for many years a favourite of Charles Dickens, who owned nearby Gads Hill Place, Higham, basing many of his novels on the area. The Diocese of Rochester, the second oldest in England, is centred on Rochester Cathedral and was responsible for founding a school, now ''The King's School'', in 604 AD, which is recognised as the second oldest continuously running school in the world. Rochester Castle, built by Bishop Gundulf of Rochester, has one of the best-preserved keeps in either England or France. During ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Middlesbrough
Middlesbrough ( ) is a town on the southern bank of the River Tees in North Yorkshire, England. It is near the North York Moors national park. It is the namesake and main town of its local borough council area. Until the early 1800s, the area was rural farming land. By 1830, a new industrial town and port started to be developed, driven by the coal and later ironworks. Steel production and ship building began in the late 1800s, remaining associated with the town until post-industrial decline occurred in the late twentieth century. Trade (notably through ports) and digital enterprise sectors contemporarily contribute to the local economy, Teesside University and Middlesbrough College to local education. In 1853, it became a town. The motto ("We shall be" in Latin) was adopted, it reflects ("We have been") of the Bruce clan which were Cleveland's mediaeval lords. The town's coat of arms is three ships representing shipbuilding and maritime trade and an azure (blue) lion, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Edward Pearce, Baron Pearce
Edward Holroyd Pearce, Baron Pearce, (9 February 1901 – 26 November 1990) was a British barrister and judge. He served as a Lord of Appeal in Ordinary from 1962 until 1969. In 1971–72, he chaired the Pearce Commission, which was charged with testing the acceptability of a proposed constitutional settlement in Rhodesia. Early life and career Edward Holroyd Pearce was born in Sidcup in Kent, the eldest child (he was followed by three sisters) of John William Ernest Pearce, headmaster of a preparatory school, and Irene Pearce, ''née'' Chaplin, daughter of daughter of Holroyd Chaplin. He was educated at Charterhouse School and Corpus Christi College, Oxford, of which he was a scholar and where he took a First in Honour Moderations in 1921 and a Third in '' literae humaniores'' in 1923. He was elected an honorary fellow of Corpus Christi in 1950. Called to the bar by Lincoln's Inn and the Middle Temple in 1925, he practiced in the King's Bench and Probate, Divorce an ... [...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] |
