North Ocean Shipping Co Ltd V Hyundai Construction Co Ltd
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North Ocean Shipping Co Ltd V Hyundai Construction Co Ltd
''North Ocean Shipping Co. Ltd. v. Hyundai Construction Co., Ltd.'' 979QB 705 is an English contract law case relating to duress. Facts Hyundai were shipbuilders who entered into a contract dated 10 April 1972 with North Ocean Shipping to build the oil tanker "Atlantic Baron". The price of ships was payable in five instalments, and the builders had agreed to a reverse letter of credit, for repayment of installments in the event of default on the construction. In 1973, after the first instalment was paid for a ship called the ''Atlantic Baron'', the US dollar was devalued. Hyundai said they would not deliver unless the price went up ten per cent. North Ocean was worried they would lose a favourable charter with Shell. They said they would pay the extra money in a telex on 28 June 1973 because they wished ‘to maintain an amicable relationship and without prejudice to our rights.’ North Ocean also asked for the letter of credit to contain a corresponding increase and this was done ...
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Alan Mocatta
Sir Alan Abraham Mocatta, Officer of the Order of the British Empire, OBE (27 June 1907 – 1 November 1990) was a British judge, an expert on restrictive practices and a leader of the Spanish and Portuguese Jews of Britain. Legal and military career After attending Clifton College and New College, Oxford, he was called to the bar at the Inner Temple in 1930. In World War II he first served as 2nd Lieutenant in 12 LAA Regiment, RA, TA, 1939, and was promoted to brigade major, 56 AA Brigade, 1940–41; to General Staff Officer, GSO (2) AA HQ BTNI, 1941–42; and finally to Lieutenant-Colonel General Staff, Army Council Secretariat, War Office, 1942-45. He was awarded the Order of the British Empire, OBE in 1944. Returning to his legal career after the end of the war, he was appointed Queen's Counsel, QC in 1951. He was elected a Bencher of his Inn in 1960. He served as a Judge of the High Court of Justice (Queen's Bench Division) from 1961 (the year in which he received his knight ...
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1979 In Case Law
Events January * January 1 ** United Nations Secretary-General Kurt Waldheim heralds the start of the ''International Year of the Child''. Many musicians donate to the ''Music for UNICEF Concert'' fund, among them ABBA, who write the song ''Chiquitita'' to commemorate the event. ** The United States and the People's Republic of China establish full Sino-American relations, diplomatic relations. ** Following a deal agreed during 1978, France, French carmaker Peugeot completes a takeover of American manufacturer Chrysler's Chrysler Europe, European operations, which are based in United Kingdom, Britain's former Rootes Group factories, as well as the former Simca factories in France. * January 7 – Cambodian–Vietnamese War: The People's Army of Vietnam and Vietnamese-backed Kampuchean United Front for National Salvation, Cambodian insurgents announce the fall of Phnom Penh, Cambodia, and the collapse of the Pol Pot regime. Pol Pot and the Khmer Rouge retreat west to an area ...
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High Court Of Justice Cases
High may refer to: Science and technology * Height * High (atmospheric), a high-pressure area * High (computability), a quality of a Turing degree, in computability theory * High (tectonics), in geology an area where relative tectonic uplift took or takes place * Substance intoxication, also known by the slang description "being high" * Sugar high, a misconception about the supposed psychological effects of sucrose Music Performers * High (musical group), a 1974–1990 Indian rock group * The High, an English rock band formed in 1989 Albums * ''High'' (The Blue Nile album) or the title song, 2004 * ''High'' (Flotsam and Jetsam album), 1997 * ''High'' (New Model Army album) or the title song, 2007 * ''High'' (Royal Headache album) or the title song, 2015 * ''High'' (EP), by Jarryd James, or the title song, 2016 Songs * "High" (Alison Wonderland song), 2018 * "High" (The Chainsmokers song), 2022 * "High" (The Cure song), 1992 * "High" (David Hallyday song), 1988 * " ...
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English Duress 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 * En ...
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English Unconscionability 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 * En ...
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Atlas Express Ltd V Kafco
''Atlas Express v. Kafco (Importers & Distributors) Ltd.'' 989QB 833 is an English contract law case relating to duress. Facts Kafco Ltd. had a contract to supply Woolworths with baskets. They had a ‘trading agreement’ with Atlas Express for at least six months to undertake the deliveries. Atlas Express realised it had underestimated the size of cartons to be carried, so it was costing more to deliver. Kafco would not vary the price. On 18 November 1986,Law Society Gazette, "Contract: economic distress", published 30 August 1989 Atlas sent an empty truck to Kafco, with a letter saying if a higher charge was not agreed to, the truck would leave empty. Kafco would go broke without the contract, so they "felt compelled to sign". Later, Kafco refused to pay, and argued there was economic duress, and also no new consideration.See A Burrows, ''Cases and Materials on Contract'' (2nd edn Hart 2009) 709 Kafco also successfully argued that Atlas had given no consideration for its p ...
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Lloyds Bank Ltd
Lloyd, Lloyd's, or Lloyds may refer to: People * Lloyd (name), a variation of the Welsh word ' or ', which means "grey" or "brown" ** List of people with given name Lloyd ** List of people with surname Lloyd * Lloyd (singer) (born 1986), American singer Places United States * Lloyd, Florida * Lloyd, Kentucky * Lloyd, Montana * Lloyd, New York * Lloyd, Ohio * Lloyds, Alabama * Lloyds, Maryland * Lloyds, Virginia Elsewhere * Lloydminster, or "Lloyd", straddling the provincial border between Alberta and Saskatchewan, Canada Companies and businesses Derived from Lloyd's Coffee House *Lloyd's Coffee House, a London meeting place for merchants and shipowners between about 1688 and 1774 * Lloyd's of London, a British insurance market ** ''Lloyd's of London'' (film), a 1936 film about the insurance market ** Lloyd's building, its headquarters ** Lloyd's Agency Network * ''Lloyd's List'', a website and 275-year-old daily newspaper on shipping and global trade ** ''Lloyd's List I ...
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Maskell V Horner
Maskell or Maskel may refer to: People * Richard Maskel (born 1954), American curler * Arthur Maskell (1894–1970), Australian rules footballer * Bob Maskell, Canadian teacher and politician * Craig Maskell (born 1968), English football player * Dan Maskell (1908-1992), English tennis player * Duncan Maskell (born 1961), British biochemist and academic * Edna Maskell (born 1928), Northern Rhodesian athlete * Harold Maskell (1911–1972), Australian rules footballer * Joseph Maskell (1939–2001), American Catholic priest * Les Maskell (1917-1988), Australian rules footballer * Michael Maskell (born 1966), Barbadian olympian * Michael Maskell (footballer) (born 1952), English football player * Neil Maskell (born 1976), English actor * Rachael Maskell (born 1972), British MP * Rosalind Maskell (1928–2016), English microbiologist * Virginia Maskell (1936–1968), English actress * William Miles Maskell (1839–1898), New Zealand farmer Places *Maskell, Nebraska Maskell is a villa ...
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Duress
Coercion () is compelling a party to act in an involuntary manner by the use of threats, including threats to use force against a party. It involves a set of forceful actions which violate the free will of an individual in order to induce a desired response. These actions may include extortion, blackmail, or even torture and sexual assault. For example, a bully may demand lunch money from a student where refusal results in the student getting beaten. In common law systems, the act of violating a law while under coercion is codified as a duress crime. Coercion can be used as leverage to force the victim to act in a way contrary to their own interests. Coercion can involve not only the infliction of bodily harm, but also psychological abuse (the latter intended to enhance the perceived credibility of the threat). The threat of further harm may also lead to the acquiescence of the person being coerced. The concepts of coercion and persuasion are similar, but various factors dist ...
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Consideration In English Law
Consideration is an English common law concept within the law of contract, and is a necessity for simple contracts (but not for special contracts by deed). The concept of consideration has been adopted by other common law jurisdictions, including the US. Consideration can be anything of value (such as any goods, money, services, or promises of any of these), which each party gives as a quid pro quo to support their side of the bargain. Mutual promises constitute consideration for each other. If only one party offers consideration, the agreement is a "bare promise" and is unenforceable. Value According to ''Currie v Misa'', consideration for a particular promise exists where some ''right'', ''interest'', ''profit'' or ''benefit'' accrues (''or will accrue'') to the promisor as a direct result of some ''forbearance'', ''detriment'', ''loss'' or ''responsibility'' that has been given, suffered or undertaken by the promisee. Forbearance to act amounts to consideration only if one is ...
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