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National Westminster Bank Plc V Morgan
is a judicial decision of the House of Lords relating to English contract law and the doctrine of undue influence. The case is most well known for the comments of Lord Scarman about the supposed requirement of "manifest disadvantage" to set aside a contract for undue influence. Facts A bank manager who worked for National Westminster Bank came to Mrs Morgan’s house to get her to sign a charge, which was going to provide security for the refinance of the family home. She received no independent advice. Mr Morgan died, and the bank later sought to enforce the charge. Mrs Morgan resisted enforcement on the grounds that she had entered into the documents acting under the undue influence of the bank. Mr Barrow went to the Morgan's to arrange signature of the legal charge. The conduct of the visit is described in some detail in the final judgment: Judgment Court of Appeal Dunn LJ held that manifest disadvantage was not a necessary ingredient of presumed undue influence, gi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Consumer Credit Act 1974
The Consumer Credit Act 1974c 39 is an Act of the Parliament of the United Kingdom that significantly reformed the law relating to consumer credit within the United Kingdom. Prior to the Consumer Credit Act, legislation covering consumer credit was slapdash and focused on particular areas rather than consumer credit as a whole, such as moneylenders and hire-purchase agreements. Following the report of the Crowther Committee in 1971 it was decided that wide-ranging reform of consumer credit law was needed, and a bill to do this was introduced to Parliament. Despite its progress through Parliament being disrupted by a general election, the bill passed quickly through the legislative process thanks to support from both the government and the opposition, coming into law on 31 July 1974. The Act introduces new protection for consumers and new regulation for bodies trading in consumer credit and related industries. Such traders must have full licenses from the Office of Fair Trading ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1985 In British Law
The year 1985 was designated as the International Youth Year by the United Nations. Events January * January 1 ** The Internet's Domain Name System is created. ** Greenland withdraws from the European Economic Community as a result of a new agreement on fishing rights. * January 7 – Japan Aerospace Exploration Agency launches ''Sakigake'', Japan's first interplanetary spacecraft and the first deep space probe to be launched by any country other than the United States or the Soviet Union. * January 15 – Tancredo Neves is elected president of Brazil by the Congress, ending the 21-year military rule. * January 20 – Ronald Reagan is privately sworn in for a second term as President of the United States. * January 27 – The Economic Cooperation Organization (ECO) is formed, in Tehran. * January 28 – The charity single record "We Are the World" is recorded by USA for Africa. February * February 4 – The border between Gibraltar and Spain reopen ... [...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] |
Royal Bank Of Scotland Plc V Etridge (No 2)
is a leading case relevant for English land law and English contract law on the circumstances under which actual and presumed undue influence can be argued to vitiate consent to a contract. Facts In eight joined appeals, homeowners had mortgaged their property to a bank. In all cases, the mortgage was securing a loan that was used by a husband for his business, while his wife had not directly benefited. The businesses had failed, and the wife had alleged that she had been under undue influence to sign the security agreement. Therefore, it was contended that the security should be void over her share of the home's equity and that because of this the house could not be repossessed. In the eighth appeal the core of the action was between the wife and her solicitor (Mr Banks); the bank was not joined as a party. Judgment The House of Lords held that for banks to have a valid security they must ensure that their customers have independent legal advice if they are in a couple where t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nicolas Browne-Wilkinson, Baron Browne-Wilkinson
Nicolas Christopher Henry Browne-Wilkinson, Baron Browne-Wilkinson, Her Majesty's Most Honourable Privy Council, PC (30 March 1930 – 25 July 2018) was a British judge who served as a Lord of Appeal in Ordinary from 1991 to 2000, and Senior Lord of Appeal in Ordinary from 1998 to 2000. Life and career Browne-Wilkinson was the sixth child and only son of the Rev Canon Arthur Browne-Wilkinson, Military Cross, MC, and of Mary Abraham, daughter of Charles Abraham (bishop of Derby), Charles Abraham, Bishop of Derby (suffragan), Bishop of Derby. He was educated at Lancing College, Lancing and at Magdalen College, Oxford, where he took a British undergraduate degree classification, First in Jurisprudence in 1952. He was Call to the bar, called to the Bar at Lincoln's Inn in 1953 and Queen's Counsel, took silk in 1972. He was a judge of the Court of Appeal of Jersey and of Courts of Guernsey, Guernsey from 1976 to 1977. In 1977, Browne-Wilkinson was appointed a Justice of the High Co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
CIBC Mortgages Plc V Pitt
is a decision of the House of Lords relating to undue influence. The decision confirmed that a person did not need to suffer "manifest disadvantage" under a transaction in order to challenge it for actual undue influence (as opposed to "presumed" undue influence). Facts In 1986 Mr Pitt told Mrs Pitt that he would like to borrow some money on the security of the family home and to use the loan to buy shares on the stock market. Mrs Pitt was not happy about this suggestion and made her feelings known to her husband. As a result, he embarked on a course of conduct putting pressure on Mrs Pitt which the trial judge held amounted to actual undue influence. In consequence, Mrs Pitt eventually agreed to the suggestion. The Pitts had originally purchased the house 1970; they still lived in it, with their two adult daughters. In 1986 the property was valued at £270,000, the only encumbrance on it being a mortgage in favour of a building society for the modest sum of £16,700. Mr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bank Of Credit And Commerce International SA V Aboody
''Bank of Credit and Commerce International S.A. v. Aboody'' 9924 All ER 955 is an English contract law case relating to undue influence. Facts Mrs. Aboody signed a document making a charge over the family home in favour of Bank of Credit and Commerce International, to secure her husband’s borrowing for his company. Mr. Aboody had bullied her, and she had signed to get some peace. Judgment Slade LJ held that because of "manifest disadvantage" had to be shown even in cases of actual undue influence. The transaction was not manifestly disadvantageous, but this requirement was subsequently overruled in . See also {{Caselist undue influence *English contract law *Undue influence in English law *Iniquitous pressure in English law *''Lloyds Bank Ltd v Bundy'' 975QB 326 *''Williams v. Walker-Thomas Furniture Co. ''Williams v. Walker-Thomas Furniture Co.'', 350 F.2d 445 (D.C. Cir. 1965), was a court opinion, written by Judge J. Skelly Wright, that had a definitive discussion of u ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Christopher Slade
Sir Christopher John Slade (2 June 1927 – 7 February 2022) was a British judge who was a Lord Justice of Appeal from 1982 to 1991. Personal life His father was George Penkivil Slade. He had two brothers (Adrian and Julian), as well as a sister. Slade was educated at New College, Oxford, and was awarded the Eldon Scholarship. Marriage He married Jane Buckley in 1958. The couple had four children, Lucinda (born 1959), Victoria (born 1962), Richard (born 1963) and Amelia (born 1966). Death Slade died on 7 February 2022, at the age of 94. Judicial decisions Important judicial decisions of Lord Justice Slade include: * ''Re Bond Worth Ltd'' * '' Reckitt & Colman Products Ltd v Borden Inc'' * ''Adams v Cape Industries plc'' * ''Street v Mountford'' * ''Bank of Credit and Commerce International SA v Aboody'' * ''Rolled Steel Products (Holdings) Ltd v British Steel Corp'' * ''Phillips Products Ltd v Hyland and Hamstead Plant Hire Co Ltd'' * ''Aveling Barford Ltd v Perion ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Insurance Companies Act 1982
Insurance is a means of protection from financial loss in which, in exchange for a fee, a party agrees to compensate another party in the event of a certain loss, damage, or injury. It is a form of risk management, primarily used to Hedge (finance), hedge against the risk of a contingent or uncertain loss. An entity which provides insurance is known as an insurer, insurance company, insurance carrier, or underwriter. A person or entity who buys insurance is known as a policyholder, while a person or entity covered under the policy is called an insured. The insurance transaction involves the policyholder assuming a guaranteed, known, and relatively small loss in the form of a payment to the insurer (a premium) in exchange for the insurer's promise to compensate the insured in the event of a covered loss. The loss may or may not be financial, but it must be reducible to financial terms. Furthermore, it usually involves something in which the insured has an insurable interest ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supply Of Goods And Services Act 1982
The Supply of Goods and Services Act 1982c 29 is an Act of the Parliament of the United Kingdom that requires traders to provide services to a proper standard of workmanship ("''with reasonable care and skill''"). Furthermore, if a definite completion date or a price has not been fixed then the work must be completed within a reasonable time and for a reasonable charge. The Act was partially superseded by the Consumer Rights Act 2015, insofar as that Act applies, i.e. between trader and consumers, for contracts entered into from 1 October 2015. The Supply of Goods and Services Act 1982 as amended remains in force in England, Wales, Northern Ireland; only Part IA of the Act, which creates provisions analogous to Part I of the Act, and Part III, which deals with the Act's commencement etc., apply in Scotland. Overview Parts 1 and 1A (Scotland) relate to goods. The Act applies to ''"relevant contracts for the transfer of goods"'', being those where one person agrees to transfer prope ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
