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McCutcheon V David MacBrayne Ltd
''McCutcheon v David MacBrayne Ltd'' [1964] 1 WLR 125 is a Scottish contract law case, concerning the incorporation of a term through a course of dealings. Facts On 8 October 1960, MV Lochiel (1939), David MacBrayne Ltd's ferry struck rocks and sank, losing Mr McCutcheon's car en route between Islay and the mainland. Usually, David MacBrayne Ltd would have got its customers to sign a risk note. The claimant's brother in law (Mr McSporran) had made the shipping arrangements, and he did not sign it. Mr McCutcheon had signed a risk note on four occasions and Mr McSporran had done so sometimes before too. Both said they knew notes contained conditions but not what the conditions were. David MacBrayne Ltd argued that even though it was not signed, the term letting Mr McCutcheon assume the risk of an accident had been incorporated into their contract through a course of dealing. Judgment The House of Lords held, reversing the decision of the Court of Session, that there was no regular ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Islay
Islay ( ; gd, Ìle, sco, Ila) is the southernmost island of the Inner Hebrides of Scotland. Known as "The Queen of the Hebrides", it lies in Argyll just south west of Jura, Scotland, Jura and around north of the Northern Irish coast. The island's capital is Bowmore where the distinctive round Kilarrow Parish Church and a distillery are located. Port Ellen is the main port. Islay is the fifth-largest Scottish island and the eighth-largest List of islands of the British Isles, island of the British Isles, with a total area of almost . There is ample evidence of the prehistoric settlement of Islay and the first written reference may have come in the first century AD. The island had become part of the Gaelic Kingdom of Dál Riata during the Scotland in the Early Middle Ages, Early Middle Ages before being absorbed into the Norse Kingdom of the Isles. The later medieval period marked a "cultural high point" with the transfer of the Hebrides to the Kingdom of Scotland and the eme ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Harris V Great Western Railway Company
Harris may refer to: Places Canada * Harris, Ontario * Northland Pyrite Mine (also known as Harris Mine) * Harris, Saskatchewan * Rural Municipality of Harris No. 316, Saskatchewan Scotland * Harris, Outer Hebrides (sometimes called the Isle of Harris), part of Lewis and Harris, Outer Hebrides * Harris, Rùm, a place on Rùm, Highland United States * Harris, Indiana * Harris, Iowa * Harris, Kansas * Harris Township, Michigan * Harris, Minnesota * Harris, Missouri * Harris, New York * Harris, North Carolina * Harris, Oregon * Harris, Wisconsin Elsewhere * Harris, Montserrat Other places with "Harris" in the name * Harrisonburg, Louisiana * Harrisonburg, Virginia * Harris County (other) * Harris Lake (other) * Harris Mountain (other) * Harris Township (other) * Harrisburg (other) * Harrison (other) * Harrisville (other) People * Harris (Essex cricketer) * Harris Jayaraj, an Indian music director * Harris (given name ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1964 In Case Law
Events January * January 1 – The Federation of Rhodesia and Nyasaland is dissolved. * January 5 - In the first meeting between leaders of the Roman Catholic and Orthodox churches since the fifteenth century, Pope Paul VI and Patriarch Athenagoras I of Constantinople meet in Jerusalem. * January 6 – A British firm, the Leyland Motors, Leyland Motor Corp., announces the sale of 450 buses to the Cuban government, challenging the United States blockade of Cuba. * January 9 – ''Martyrs' Day (Panama), Martyrs' Day'': Armed clashes between United States troops and Panamanian civilians in the Panama Canal Zone precipitate a major international crisis, resulting in the deaths of 21 Panamanians and 4 U.S. soldiers. * January 11 – United States Surgeon General Luther Terry reports that smoking may be hazardous to one's health (the first such statement from the U.S. government). * January 12 ** Zanzibar Revolution: The predominantly Arab government of Zanzibar is overthrown b ... [...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 such a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Contract 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 * Englis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Henry Kendall Ltd V William Lillico Ltd
''Henry Kendall Ltd v William Lillico Ltd'' 9692 AC 31 is an English contract law case concerning the incorporation of contract terms through a course of dealings. Facts Animal food was sold by merchants to a farmer. It was defective. The merchants brought in suppliers, and they in turn brought in their suppliers, a long chain. (hence also '' Hardwick Game v Suffolk Agricultural Poultry Producers Association''). Purchases three or four times a month had happened for three or so years, and each time, a sold note followed, which said the buyer took responsibility for any latent defects. The buyers had never read the note. Judgment The House of Lords held that a reasonable seller in the circumstances would have had good cause to assume that the buyer agreed to the term, hence rejecting Lord Devlin’s ''McCutcheon'' dicta that previous dealings needed to prove actual knowledge. See also *English contract law English contract law is the body of law that regulates legally bindi ... [...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] |
L'Estrange V Graucob
''L'Estrange v F Graucob Ltd'' 9342 KB 394 is a leading English contract law case on the incorporation of terms into a contract by signature. There are exceptions to the rule that a person is bound by his or her signature, including fraud, misrepresentation and ''non est factum''. Lord Denning, as a young barrister, represented the company in this action, but later - for instance, speaking in Parliament in 1977 - made clear that he regarded the decision as wrong. Facts Miss Harriet Mary L'Estrange had a cafe in Great Ormes Road, Llandudno. Two travelling salesmen, Mr Page and Mr Berse, representing Mr Graucob's slot machine business in City Road, London, came to visit her. She was persuaded to purchase a cigarette machine and signed a document entitled 'Sales Agreement', stating: "Please forward me as soon as possible: One Six Column Junior Ilam Automatic Machine... which I agree to purchase from you on the terms stated below...." Further along, in small print, an exclusion c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Freeman V Cooke
Freeman, free men, or variant, may refer to: * a member of the Third Estate in medieval society (commoners), see estates of the realm * Freeman, an apprentice who has been granted freedom of the company, was a rank within Livery companies * Freeman, in Middle English synonymous with franklin (class), initially a person not tied to land as a villein or serf, later a land-owner * Freeman (Colonial), in U.S. colonial times, a person not under legal restraint * A person who has been awarded Freedom of the City * Free tenant, a social class in the Middle Ages * Freedman, a former slave that had been freed from bondage Places ;In the United States * Freeman, Georgia, an unincorporated community * Freeman, Illinois, an unincorporated community * Freeman, Indiana, an unincorporated community * Freeman, South Dakota, a city * Freeman, Virginia, an unincorporated community * Freeman, Wisconsin, a town in Crawford County * Freeman, Langlade County, Wisconsin, an unincorporated community * ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Negligence
Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as a form of ''carelessness'' possibly with extenuating circumstances. The core concept of negligence is that people should exercise reasonable care in their actions, by taking account of the potential harm that they might foreseeably cause to other people or property. Someone who suffers loss caused by another's negligence may be able to sue for damages to compensate for their harm. Such loss may include physical injury, harm to property, psychiatric illness, or economic loss. The law on negligence may be assessed in general terms according to a five-part model which includes the assessment of duty, breach, actual cause, proximate cause, and damages. Elements of negligence claims Some things must be established by anyone who wants to sue in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
James Reid, Baron Reid
James Scott Cumberland Reid, Baron Reid, (30 July 1890 – 29 March 1975) was a Scottish Unionist politician and judge. His reputation is as one of the most outstanding judges of the 20th century. Life He was born on 30 July 1890 in Drem, East Lothian the son of James Reid a Solicitor of the Supreme Courts (SSC) and his wife, Kate Scott. Educated at Edinburgh Academy, he then studied law at Jesus College, Cambridge, graduating BA in 1910 and LLB in 1911. He was admitted as an advocate in 1914. He was commissioned into the 8th battalion Royal Scots in World War I and was seconded to the Machine Gun Corps in 1916, serving in Mesopotamia and reaching the rank of Major. He resigned his commission in 1921. He was appointed a King's Counsel in 1932. He was Member of Parliament (MP) for Stirling and Falkirk from October 1931 until his defeat in November 1935, and for Glasgow Hillhead from June 1937 until September 1948. He served as Solicitor General for Scotland from J ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Good Faith
In human interactions, good faith ( la, bona fides) is a sincere intention to be fair, open, and honest, regardless of the outcome of the interaction. Some Latin phrases have lost their literal meaning over centuries, but that is not the case with ''bona fides'', which is still widely used and interchangeable with its generally-accepted modern-day English translation of ''good faith''. It is an important concept within law and business. The opposed concepts are bad faith, ''mala fides'' (duplicity) and perfidy (pretense). In contemporary English, the usage of ''bona fides'' is synonymous with credentials and identity. The phrase is sometimes used in job advertisements, and should not be confused with the ''bona fide'' occupational qualifications or the employer's good faith effort, as described below. ''Bona fides'' ''Bona fides'' is a Latin phrase meaning "good faith". Its ablative case is ''bona fide'', meaning "in good faith", which is often used as an adjective to mean " ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
