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Merritt V Merritt
''Merritt v Merritt'' creating legal relations. While under the principles laid out in '' Balfour v Balfour'', domestic agreements between spouses are rarely legally enforceable, this principle was rebutted where two spouses who formed an agreement over their matrimonial home were not on good terms. Background Mr Merritt and his wife jointly owned a house. Mr Merritt left to live with another woman. They made an agreement (signed) that Mr Merritt would pay Mrs Merritt a £40 monthly sum, and eventually transfer the house to her, if Mrs Merritt kept up the monthly mortgage payments. When the mortgage was paid Mr Merritt refused to transfer the house. Judgment The Court of Appeal held that nature of the dealings, and the fact that the Merritts were separated when they signed their contract, allowed the court to assume that their agreement was more than a domestic arrangement. Lord Denning MR stated: Widgery LJ and Karminski LJ concurred. See also *English contract law ... [...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 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 Lady Chief Justice and the Master of the Rolls 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. Its decisions are binding on all courts, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chessington
Chessington is an area in the Royal Borough of Kingston upon Thames within Greater London, which was historically part of Surrey. At the United Kingdom Census 2011, 2011 census it had a population of 18,973. The Bonesgate Stream, a tributary of the Hogsmill River, runs through it. The popular theme park resort Chessington World of Adventures, which incorporates Chessington Zoo, is located in the south-west of the area. Neighbouring settlements include Tolworth, Ewell, Surbiton, Claygate, Epsom, Oxshott, Leatherhead, Esher, Kingston upon Thames, Worcester Park and Malden Rushett. History Its name came from Old English, Anglo-Saxon ''Cissan dūn'' = "hill belonging to [a man named] Cissa". Chessington appears in the Domesday Book of 1086 as ''Cisedune'' and ''Cisendone''. It was held partly by Robert de Wateville and partly by Milo (Miles) Crispin. Its Domesday assets were: 1½ hide (unit), hides; part of a Mill (grinding), mill worth 2s, 4 ploughs, woodland worth 30 hog (swine ... [...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] |
Creating Legal Relations In English Law
Intention to create legal relations, otherwise an "intention to be legally bound", is a doctrine used in contract law, particularly English contract law and related common law jurisdictions. The doctrine establishes whether a court should presume that parties to an agreement wish it to be enforceable at law, and it states that an agreement is legally enforceable only if the parties are deemed to have intended it to be a binding contract. Identifying intention to create legal relations A contract is a legally binding agreement. Once an offer has been accepted, there is an agreement, but not necessarily a contract. The element that converts any agreement into a true contract is "intention to create legal relations". There must be evidence that the parties intended the agreement to be subject to the law of contract. If evidence of intent is found, the agreement gives rise to legal obligations whereby any party in breach may be sued. In English law, there are two judicial devices to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Balfour V Balfour
''Balfour v Balfour'' 9192 KB 571 is a leading English contract law case. It held that there is a rebuttable presumption against an intention to create a legally enforceable agreement when the agreement is domestic in nature. Facts Mr. Balfour was a civil engineer, and worked for the Government as the Director of Irrigation in Ceylon (now Sri Lanka). Mrs Balfour was living with him. In 1915, they both came back to England during Mr Balfour's leave. But Mrs Balfour had developed rheumatoid arthritis. Her doctor advised her to stay in England, because the climate in Ceylon would be detrimental to her health. Mr Balfour's boat was about to set sail, and he orally promised her £30 a month until she came back to Ceylon. They drifted apart, and Mr Balfour wrote saying it was better that they remain apart. In March 1918, Mrs Balfour sued him to keep up with the monthly £30 payments. In July she got a decree nisi and in December she obtained an order for alimony. At first instance, ju ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alfred Denning, Baron Denning
Alfred Thompson Denning, Baron Denning, (23 January 1899 – 5 March 1999), was an English barrister 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". One of Lord Denning's successors as Master of the Rolls, Lord ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Surrey
Surrey () is a Ceremonial counties of England, ceremonial county in South East England. It is bordered by Greater London to the northeast, Kent to the east, East Sussex, East and West Sussex to the south, and Hampshire and Berkshire to the west. The largest settlement is Woking. The county has an area of and a population of 1,214,540. Much of the north of the county forms part of the Greater London Built-up Area, which includes the Suburb, suburbs within the M25 motorway as well as Woking (103,900), Guildford (77,057), and Leatherhead (32,522). The west of the county contains part of Farnborough/Aldershot built-up area, built-up area which includes Camberley, Farnham, and Frimley and which extends into Hampshire and Berkshire. The south of the county is rural, and its largest settlements are Horley (22,693) and Godalming (22,689). For Local government in England, local government purposes Surrey is a non-metropolitan county with eleven districts. The county historically includ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jones V Padavatton
{{Infobox Court Case , name = Jones v Padavatton , court = Court of Appeal , image = Lincolns Inn 1.jpg , date decided = 29 November 1968 , full name = , citations = subsequent actions = , opinions = , transcripts = , keywords = Creating legal relations, enforceability , Judges= Lord Justice Danckwerts, Lord Justice Salmon, Fenton Atkinson, Lord Justice Fenton Atkinson ''Jones v Padavatton'' [1968EWCA Civ 4is a leading English decision on contract law. The decision demonstrates how domestic agreements, such as in between a mother and daughter, are presumed not to be legally binding unless there is clear intention. Facts A mother, Mrs Violet Lalgee Jones, agreed with her daughter, Mrs Ruby Padavatton, that if she would give up her secretary job at the Indian embassy in Washington DC and study for the bar in England, the mother would pay maintenance (from Trinidad, East Indian descent). The mother gave monthly payments of 42 pounds and then bought a London house (the d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gould V Gould
Gould may refer to: People * Gould (name), a surname Places United States * Gould, Arkansas, a city * Gould, Colorado, an unincorporated community * Gould, Ohio, an unincorporated community * Gould, Oklahoma, a town * Gould, West Virginia, an unincorporated community * Gould City, Michigan * Gould City, Washington * Gould Township, Minnesota Multiple countries * Gould Lake (other) * Mount Gould (other) Elsewhere * Gould (crater), a lunar crater formation * Gould Coast, Antarctica * Gould Dome, Alberta, Canada Other uses * Gould baronets, two titles, one in the Baronetage of England and one in the Baronetage of Great Britain * Gould Belt, a partial ring of stars in the Milky Way * Gould designation, a type of star identifier * Gould League, an independent Australian organisation promoting environmental education * Gould Electronics, a company involved in the electronics and semiconductor industries * Gould Racing, a British motorsport company * USC Gould Sc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Widgery, Baron Widgery
John Passmore Widgery, Baron Widgery, (24 July 1911 – 26 July 1981) was an English judge who served as Lord Chief Justice of England from 1971 to 1980. He is principally noted for presiding over the Widgery Tribunal on the events of Bloody Sunday. Early career and war service Widgery came from a North Devon family which had been living in South Molton for many generations. His father, Samuel Widgery (died 1940), was a grocer and house furnisher; his mother Bertha Elizabeth, née Passmore, was Samuel's second wife, belonged to a landowning family ( Grilstone, Bishop's Nympton, Devon) and served as a local magistrate. An ancestor had been a gaoler. Widgery attended Queen's College, Taunton, where he became head prefect. He was admitted as a solicitor in 1933 after serving as an articled clerk, but instead of going into practice, he joined Gibson and Welldon, a well-known firm of law tutors. He was an effective lecturer in the years leading up to World War II while he was a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Seymour Karminski
Sir Seymour Edward Karminski (28 September 1902 – 29 October 1974) was a British judge. The son of a German-born bank manager. Karminski was educated at Rugby School and Christ Church, Oxford, where he took a First in History in 1923. He was called to the bar by the Inner Temple in 1925, and took silk in 1945. During World War II, he joined the Royal Naval Volunteer Reserve in 1940, where he reached the rank of lieutenant commander. In 1951, he was appointed to the High Court and assigned to the Probate, Divorce and Admiralty Division, and received the customary knighthood. At the time, he was one of the two Jewish judges on the High Court bench, the other being Sir Lionel Cohen. In 1967, Karminski was sworn in the Privy Council. He was made a Lord Justice of Appeal A Lord Justice of Appeal or Lady Justice of Appeal is a judge of the Court of Appeal of England and Wales, the court that hears appeals from the High Court of Justice, the Crown Court and other courts ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Creation Of Legal Relations In English Law
Intention to create legal relations, otherwise an "intention to be legally bound", is a doctrine used in contract law, particularly English contract law and related common law jurisdictions. The doctrine establishes whether a court should presume that parties to an agreement wish it to be enforceable at law, and it states that an agreement is legally enforceable only if the parties are deemed to have intended it to be a binding contract. Identifying intention to create legal relations A contract is a legally binding agreement. Once an offer has been accepted, there is an agreement, but not necessarily a contract. The element that converts any agreement into a true contract is "intention to create legal relations". There must be evidence that the parties intended the agreement to be subject to the law of contract. If evidence of intent is found, the agreement gives rise to legal obligations whereby any party in breach may be sued. In English law, there are two judicial devices to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
