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Ministry Of Housing And Local Government V Sharp
''Ministry of Housing and Local Government v Sharp'' 9702 QB 223, is an English tort law case concerning assumption of responsibility. Facts An employee of the authority failed to exercise reasonable skill and care in searching for entries in the local land charges register. The search certificate prepared by the clerk negligently failed to record a charge of £1,828 11s. 5d. in favour of the Ministry. Judgment Lord Denning MR held the local authority was liable to the Ministry for the employee's incompetence. At 268 he rejected that a duty of care only arose when there was a voluntary assumption of responsibility, rather "from the fact that the person making it knows, or ought to know, that others, being his neighbours in this regard, would act on the faith of the statement being accurate." Lord Denning MR's judgment ran on the law as follows. {{Cquote, The validity of the rules The judge made much research into parallel Acts of Parliament. He analysed the sections which gav ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Tort Law
English tort law concerns the compensation for harm to people's rights to health and safety, a clean environment, property, their economic interests, or their reputations. A "tort" is a wrong in civil, rather than criminal law, that usually requires a payment of money to make up for damage that is caused. Alongside contracts and unjust enrichment, tort law is usually seen as forming one of the three main pillars of the law of obligations. In English law, torts like other civil cases are generally tried in front a judge without a jury. History Following Roman law, the English system has long been based on a closed system of nominate torts, such as trespass, battery and conversion. This is in contrast to continental legal systems, which have since adopted more open systems of tortious liability. There are various categories of tort, which lead back to the system of separate causes of action. The tort of negligence is however increasing in importance over other types of tort, prov ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dawson & Co V Bingley Urban District Council
Dawson may refer to: People and fictional characters *Dawson (surname), including a list of people and fictional characters with the name * Dawson (given name), including a list of people and fictional characters with the name Places Antarctica *Dawson Head, Palmer Land *Dawson Nunatak, Mac. Robertson Land *Dawson Peak, Ross Dependency Australia * Division of Dawson, an electoral district in the Australian House of Representatives, in Queensland * Dawson River (New South Wales) * Dawson River (Queensland), a river in eastern Queensland, Australia *Dawson, South Australia, a locality and former town northeast of Peterborough Canada * Dawson City, Yukon * Dawson (electoral district), Yukon Territory *Dawson Range (Yukon), in the Yukon Ranges * Dawson Creek, a city in northeastern British Columbia, Canada * Dawson Range (British Columbia) * Dawson Falls, British Columbia * Dawson, Ontario *Dawson Township, Ontario (other) *Dawson Trail (electoral district), Manitoba ... [...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 Tort 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] |
Smith V Eric S Bush
''Smith v Eric S Bush'' 990UKHL 1is an English tort law and English contract law">contract law case, heard by the House of Lords. First, it concerned the existence of a duty of care in tort for negligent misstatements, not made directly to someone relying on the statement. Second, it concerned the reasonableness of a term excluding liability under the Unfair Contract Terms Act 1977, s 2(2) and s 11. Facts A surveyor, Eric Bush, was employed by a building society, Abbey National, to inspect and value 242 Silver Road, Norwich. Eric Bush disclaimed responsibility to the purchaser, Mrs Smith, who was paying a fee of £36.89 to the building society to have the valuation done. The building society had a similar clause in its mortgage agreement. The property valuation said no essential repairs were needed. This was wrong. But Mrs Smith relied on this and bought the house. Bricks from the chimney collapsed through the roof, smashing through the loft. Mrs Smith argued there was a duty of c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hedley Byrne's Case
{{Disambig, geo ...
Hedley may refer to: * Hedley, British Columbia, Canada, an unincorporated town * Hedley, Texas, United States, a city * Hedley railway station, South Gippsland, Victoria, Australia * Hedley (band), a Canadian pop-rock band formed in 2003 and named after the BC town ** ''Hedley'' (album), their self-titled debut album * Hedley (surname), a list of people and fictional characters * Hedley (given name), a list of people and fictional characters See also * Hedley on the Hill, Northumberland * Hedley Hill, county Durham * Hadleigh (other) * Hadley (other) *Headley (other) Headley may refer to: Places * Headley, Basingstoke and Deane in the civil parish of Ashford Hill with Headley * Headley, East Hampshire ** Headley Grange, Hampshire * Headley, Surrey Other uses * Headley (surname) * Baron Headley, a title in th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hedley Byrne & Co Ltd V Heller & Partners Ltd
''Hedley Byrne & Co Ltd v Heller & Partners Ltd'' 964AC 465 is an English tort law case on economic loss in English tort law resulting from a negligent misstatement. Prior to the decision, the notion that a party may owe another a duty of care for statements made in reliance had been rejected, with the only remedy for such losses being in contract law. The House of Lords overruled the previous position, in recognising liability for pure economic loss not arising from a contractual relationship, applying to commercial negligence the principle of "assumption of responsibility". Facts Hedley Byrne were a firm of advertising agents. A customer, Easipower Ltd, put in a large order. Hedley Byrne wanted to check their financial position, and creditworthiness, and so asked their bank, to get a report from Easipower’s bank, Heller & Partners Ltd., who replied in a letter that was headed, "without responsibility on the part of this bank" ...Easipower is, "considered good for its o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Candler V Crane, Christmas & Co
''Candler v Crane, Christmas & Co'' 9512 KB 164 is an English tort law case on negligent misstatement. In the case, Denning LJ delivered a dissenting judgment, arguing that a duty of care arose when making negligent statements. His dissenting judgment was later upheld by the House of Lords in '' Hedley Byrne v Heller'' 1963. Facts Donald Ogilvie was the director of a company called Trevaunance Hydraulic Tin Mines Ltd, which mined tin in Cornwall. He needed more capital, so he placed an advertisement in ''The Times'' on 8 July 1946 which read, "£10,000. Established Tin Mine (low capitalisation) in Cornwall seeks further capital. Install additional milling plant. Directorship and active participation open to suitable applicant - Apply" Candler responded, saying he was interested in investing £2000, provided he was shown the company's accounts. Ogilvie instructed Crane, Christmas & Co, a firm of auditors, to prepare the company’s accounts and balance sheet. The draft accoun ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crown Proceedings Act 1947
The Crown Proceedings Act 1947 (c. 44) is an Act of the Parliament of the United Kingdom that allowed, for the first time, civil actions against the Crown to be brought in the same way as against any other party. The Act also reasserted the common law doctrine of Crown privilege but by making it, for the first time, justiciable paved the way for the development of the modern law of public interest immunity. The Act received royal assent on 31 July 1947 and came into force on 1 January 1948. There remain significant differences between Crown proceedings and claims between private parties, especially as to enforcement of judgments. Background Before the Act, the Crown could not be sued in contract. However, as it was seen to be desirable that Crown contractors could obtain redress, they would otherwise be inhibited from taking on such work, so a petition of right came to be used in such situations, especially after the Petitions of Right Act 1860 simplified the process.Bradle ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bowen LJ
Charles Synge Christopher Bowen, Baron Bowen, (1 January 1835 – 10 April 1894) was an English judge. Early life Bowen was born at Woolaston in Gloucestershire – his father, Rev. Christopher Bowen, originally of Hollymount, County Mayo, being then curate of the parish and his mother, Catherine Steele (1807/8–1902); his younger brother was Edward Ernest Bowen, a long-serving Harrow schoolmaster. He was educated at Lille in France, Blackheath and Rugby schools, leaving the latter in 1853 having won a scholarship to Balliol College, Oxford. There he made good his earlier academic promise, winning the principal classical scholarships and prizes of his time. He was elected a Fellow of Balliol in 1857 while an undergraduate and became President of the Oxford Union in 1858. Career From Oxford, Bowen went to London, where he was called to the bar at Lincoln's Inn in 1861, and while studying law he wrote regularly for the '' Saturday Review'', and also later for ''The Spectator' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
