Mogul Steamship Company's Case
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Mogul Steamship Company's Case
''Mogul Steamship Co Ltd v McGregor, Gow & Co'' 892AC 25 is an English tort law case concerning the economic tort of conspiracy to injure. A product of its time, the courts adhered to a ''laissez faire'' doctrine allowing firms to form a cartel, which would now be seen as contrary to the Competition Act 1998. It is notable for Lord Bramwell's dictum that: Facts A group of ship owners formed an association (the Far Eastern Freight Conference) to raise their profits. The association agreed to limit the number of ships sent by the association to different ports, to give a 5% rebate on freights to all shippers of stock who dealt only with members, and that agents of members would be prohibited from dealing with anyone in the association if they did not deal exclusively with people in the association. If any member wished to withdraw, they would have to give notice. Mogul Steamship Co Ltd had been excluded. When it sent ships to the loading port to pick up cargo, the association ...
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Judicial Functions Of The House Of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, it for many centuries had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England. Appeals were technically not to the House of Lords, but rather to the King-in-Parliament. In 1876, the Appellate Jurisdiction Act devolved the appellate functions of the House to an Appellate Committee, composed of Lords of Appeal in Ordinary (informally referred to as Law Lords). They were then appointed by the Lord Chancellor in the same manner as other judges. During the 20th and early 21st century, the judicial functions were gradually removed. Its final trial of a peer was in 1935, and in 1948, the use of special courts for such trials was abolished. The procedure of impeachment became seen as obsolete. In 2009, t ...
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Lord Coleridge CJ
John Duke Coleridge, 1st Baron Coleridge, PC (3 December 1820 – 14 June 1894) was an English lawyer, judge and Liberal politician. He held the posts, in turn, of Solicitor General for England and Wales, Attorney General for England and Wales, Chief Justice of the Common Pleas and Lord Chief Justice of England. Background and education Coleridge was the eldest son of John Taylor Coleridge, and the great-nephew of the poet Samuel Taylor Coleridge. He was educated at Eton and Balliol College, Oxford, and was called to the bar in 1846. Coleridge was a member of the Canterbury Association from 24 June 1851. Legal career Coleridge established a successful legal practice on the western circuit. From 1853 to 1854 he held the post of secretary to the Royal Commission on the City of London. In 1865 he was elected to the House of Commons for Exeter for the Liberal Party. He made a favourable impression on the leaders of his party and when the Liberals came to office in 1868 under Willi ...
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Court Of Exchequer Chamber
The Court of Exchequer Chamber was an England, English appellate court for common law civil actions before the reforms of the Judicature Acts of 1873–1875. It originated in the fourteenth century, established in its final form by a statute of 1585. The court heard references from the Court of King's Bench (England), King's Bench, the Exchequer of Pleas, Court of Exchequer and, from 1830, directly rather than indirectly from the Court of Common Pleas (England), Court of Common Pleas. It was constituted of four judges belonging to the two courts that had been uninvolved at Court of first instance, first instance. In cases of exceptional importance such as the ''Case of Mines'' (1568) and ''ship money, R v Hampden'' (1637) twelve common law judges, four from each division below, sitting in Exchequer Chamber, might be asked to determine a point of law, the matter being referred by the court hearing the case rather than the parties. Though further appeal to the Judicial functions of ...
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John Campbell, 1st Baron Campbell
John Campbell, 1st Baron Campbell, PC, QC, FRSE (15 September 1779 – 23 June 1861) was a British Liberal politician, lawyer and man of letters. Background and education The second son of the Reverend George Campbell, D.D., and Magdalene Hallyburton, he was born a son of the manse at Cupar, Fife, Scotland, where his father was for fifty years parish minister. For seven years, from the age of 11, Campbell studied at the United College, St Andrews. When he was 18, he was offered the opportunity to leave home and see something of the world by becoming tutor to James Wedderburn-Webster. The family lived in Clapham, just south of London, with a summer house at Shenley, Hertfordshire. His employer was David Webster, London merchant of a sugar trading house, with family connections through the Wedderburn baronets to the slave plantations of Jamaica. Living in this wealthy household, the young Campbell saw a different world, and it didn't impress him: the commercial conversation ...
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Crompton J
Sir Charles John Crompton (12 June 1797 – 30 October 1865) was an English justice of the Queen's Bench. Life Crompton was born in Derby; he was the third son of Dr. Peter Crompton, and his second cousin Mary, daughter of John Crompton of Chorley Hall, Lancashire. Peter was a member of the Derby Philosophical Society and his father was a banker there. Crompton, having graduated with distinction at Trinity College, Dublin, was entered at the Inner Temple in 1817, after a short time spent in a Liverpool solicitor's office and, being called to the bar in 1821, went the northern circuit. Without having taken silk, he was raised to the bench in February 1852 by Lord Truro, and knighted. He proved an excellent judge, especially in banco, and was the author of many decisions still quoted. A strong Liberal in politics, like his father, he stood for parliament at Preston in 1832, and Newport (Isle of Wight) in 1847, but in both cases unsuccessfully. Family He married Caroline, fourth ...
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Hilton V
Hilton or Hylton may refer to: Companies * Hilton Worldwide Holdings, Inc., a global hospitality company based in the United States that owns several hotel chains and subsidiary companies containing the Hilton name ** Hilton Hotels & Resorts, flagship hotel brand operated under Hilton Worldwide Holdings, Inc. * Conrad N. Hilton Foundation, an American non-profit charitable foundation, established in 1944 by hotel entrepreneur Conrad N. Hilton * Ladbrokes, a British-based gambling company, known as Hilton Group plc from May 1999 to February 2006 Places Australia * ''Hilton'', Chatswood, a heritage-listed house in the Sydney suburb of Chatswood * Hilton, South Australia, a suburb of Adelaide * Hilton, Western Australia, a suburb of Perth Canada * Hilton, Ontario, a township * Hilton Beach, a small village surrounded by the township in Ontario * Hilton Falls Conservation Area, located in Campbellville, Ontario Norway * Hilton, a farm near Kløfta, Ullensaker, known as the birthpl ...
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Hobart CJ
Sir Henry Hobart, 1st Baronet (1 Jan 1560 – 29 December 1625), of Blickling Hall, was an English politician who succeeded Sir Edward Coke to become Chief Justice of the Court of Common Pleas. Background and education The son of Thomas Hobart and Audrey Hare, and great-grandson of Sir James Hobart of Monks Eleigh, Suffolk, who served as Attorney General during the reign of King Henry VII. He would further this lineal occupation and was admitted to Lincoln's Inn on 10 August 1575, and was later called to the Bar in 1584, and subsequently became governor of Lincoln's Inn in 1591. He was the stepson of Sir Edward Warner (1511–1565), Lieutenant of the Tower of London, and William Blennerhassett. His mother Audrey (''d''. 16 July 1581), daughter and heiress of William Hare of Beeston, Norfolk, was married three times. Her first husband was Thomas Hobart of Plumstead (''d''. 26 March 1560), her second Sir Edward Warner, who been knighted on 18 May 1544, and her third William ...
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Burrough J
Sir James Burrough (August 1749 – 25 March 1837) was a British judge. Life He was the son of Rev. John Burrough and his wife Alexis Blissett, and showed an early interest in the law. He was accepted into Inner Temple in February 1768 and after practising as a Special Pleader he joined the bar in 1773. He became a noted barrister and was on several occasions relied on by the Lord Chancellor for advice. He was made a commissioner of bankrupts in 1792 and appointed deputy recorder of Salisbury Salisbury ( ) is a cathedral city in Wiltshire, England with a population of 41,820, at the confluence of the rivers Avon, Nadder and Bourne. The city is approximately from Southampton and from Bath. Salisbury is in the southeast of Wil ... in 1794. He was elected a Bencher of Inner Temple in 1808. In May 1816 he was made Third Justice of the Court of Common Pleas and knighted. During his time on the bench he was noted for his use of common sense in judgements and his use of c ...
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Competition
Competition is a rivalry where two or more parties strive for a common goal which cannot be shared: where one's gain is the other's loss (an example of which is a zero-sum game). Competition can arise between entities such as organisms, individuals, economic and social groups, etc. The rivalry can be over attainment of any exclusive goal, including Recognition (sociology), recognition: Competition occurs in nature, between living organisms which co-exist in the same natural environment, environment. Animals compete over water supplies, food, mates, and other resource (biology), biological resources. Humans usually Survival of the fittest, compete for food and mates, though when these needs are met deep rivalries often arise over the pursuit of wealth, power, prestige, and celebrity, fame when in a static, repetitive, or unchanging environment. Competition is a major tenet of market economy, market economies and business, often associated with business competition as companies a ...
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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 ...
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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 ...
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Fraud
In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compensation) or criminal law (e.g., a fraud perpetrator may be prosecuted and imprisoned by governmental authorities), or it may cause no loss of money, property, or legal right but still be an element of another civil or criminal wrong. The purpose of fraud may be monetary gain or other benefits, for example by obtaining a passport, travel document, or driver's license, or mortgage fraud, where the perpetrator may attempt to qualify for a mortgage by way of false statements. Internal fraud, also known as "insider fraud", is fraud committed or attempted by someone within an organisation such as an employee. A hoax is a distinct concept that involves deliberate deception without the intention of gain or of materially damaging or depriving a vi ...
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