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O'Brien V MGN Ltd
''O’Brien v MGN Ltd'' 001EWCA Civ 1279is an English contract law case, concerning incorporation of terms through reasonable notice. Facts The defendant put scratchcards with its newspapers-- ''Daily Mirror'', ''Sunday Mirror'' and ''The People''. If the card came up with money, players called a premium rate number to see if the amount matched a mystery bonus cash amount. Mr O’Brien on 3 July 1995 got two sums of £50,000. 1472 other people did as well, because MGN had distributed too many by mistake. MGN had only intended to have one prize of £50,000. MGN held a draw among the 1472. MGN pointed to "Rule 5", which said there would be a draw where more prizes were claimed than available. Rule 5, however, although published in some newspapers, was not to be found in the 3 July 1995 edition. This only said ‘Normal Mirror Group rules apply.’ Mr O’Brien had seen that. The question was whether Rule 5 was incorporated into the scratchcard agreement. Judgment Hale LJ held that ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of England And Wales
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Courts of England and Wales#Senior Courts of England and Wales, Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lord Chief Justice of England and Wales, Lord Chief Justice and the Master of the Rolls, Master of the Rolls and Records of the Chancery of England respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court (England and Wales), County Court, High Court of Justice and Family Court (England and Wales ... [...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] |
Scratchcard
A scratchcard (also called a scratch off, scratch ticket, scratcher, scratchum, scratch-it, scratch game, scratch-and-win, instant game, instant lottery, scratchie, lot scrots, or scritchies) is a card designed for competitions, often made of thin cardstock or plastic to conceal PINs, where one or more areas contain concealed information which can be revealed by scratching off an opaque covering. Applications include cards sold for gambling (especially lottery games and quizzes), free-of-charge cards for quizzes, fraudulent free cards encouraging calls to premium rate phone services, and to conceal confidential information such as PINs for telephone calling cards (otherwise known as recharge cards) and other prepaid services. In some cases, the entire scratchable area needs to be scratched to see whether a prize has been won—the card is printed either to be a winner or not—or to reveal the secret code; the result does not depend upon what portions are scratched off. In ot ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Daily Mirror
The ''Daily Mirror'' is a British national daily tabloid. Founded in 1903, it is owned by parent company Reach plc. From 1985 to 1987, and from 1997 to 2002, the title on its masthead was simply ''The Mirror''. It had an average daily print circulation of 716,923 in December 2016, dropping to 587,803 the following year. Its Sunday sister paper is the '' Sunday Mirror''. Unlike other major British tabloids such as '' The Sun'' and the '' Daily Mail'', the ''Mirror'' has no separate Scottish edition; this function is performed by the '' Daily Record'' and the '' Sunday Mail'', which incorporate certain stories from the ''Mirror'' that are of Scottish significance. Originally pitched to the middle-class reader, it was converted into a working-class newspaper after 1934, in order to reach a larger audience. It was founded by Alfred Harmsworth, who sold it to his brother Harold Harmsworth (from 1914 Lord Rothermere) in 1913. In 1963 a restructuring of the media interests of the Ha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sunday Mirror
The ''Sunday Mirror'' is the Sunday sister paper of the ''Daily Mirror''. It began life in 1915 as the ''Sunday Pictorial'' and was renamed the ''Sunday Mirror'' in 1963. In 2016 it had an average weekly circulation of 620,861, dropping markedly to 505,508 the following year. Competing closely with other papers, in July 2011, on the second weekend after the closure of the ''News of the World'', more than 2,000,000 copies sold, the highest level since January 2000. History ''Sunday Pictorial'' (1915–1963) The paper launched as the ''Sunday Pictorial'' on 14 March 1915. Lord Rothermere – who owned the paper – introduced the ''Sunday Pictorial'' to the British public with the idea of striking a balance between socially responsible reporting of great issues of the day and sheer entertainment. Although the newspaper has gone through many refinements in its near 100-year history those original core values are still in place today. Ever since 1915, the paper has continually ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The People
The ''Sunday People'' is a British tabloid Sunday newspaper. It was founded as ''The People'' on 16 October 1881. At one point owned by Odhams Press, The ''People'' was acquired along with Odhams by the Mirror Group in 1961, along with the '' Daily Herald''. It is now published by Reach plc, and shares a website with the Mirror papers. In July 2011, when it benefited from the closure of the ''News of the World The ''News of the World'' was a weekly national Tabloid journalism#Red tops, red top Tabloid (newspaper format), tabloid newspaper published every Sunday in the United Kingdom from 1843 to 2011. It was at one time the world's highest-selling En ...'', it had an average Sunday circulation of 806,544. By December 2016 the circulation had shrunk to 239,364 and by August 2020 to 125,216. Christmas issue Christmas Day is falling on Sunday in 2022 but instead of normal paper a special edition will appear on Saturday December 24th Christmas Eve. References 18 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parker V South Eastern Railway Co
''Parker v South Eastern Railway'' 8772 CPD 416 is a famous English contract law case on exclusion clauses where the court held that an individual cannot escape a contractual term by failing to read the contract but that a party wanting to rely on an exclusion clause must take reasonable steps to bring it to the attention of the customer. Facts Mr Parker left a bag in the cloakroom of Charing Cross railway station, run by the South Eastern Railway Company. On depositing his bag and paying two pence he received a ticket. On the front it said "see back". On its back, it stated that the railway was excluded from liability for items worth £10 or more. Mr Parker failed to read the clause as he thought the ticket was only a receipt of payment. However, he admitted that he knew the ticket contained writing. Mr Parker's bag, which was worth more than £10, was lost. He sued the company. The question of law put to the court was whether the clause applied to Mr Parker. At trial the jury ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chapelton V Barry UDC
''Chapelton v Barry Urban District Council'' 9401 KB 532, the "deckchair case",England and Wales Court of AppealThornton v Shoe Lane Parking Ltd 970EWCA Civ 2, 18 December 1970, accessed 5 November 2020 is an English contract law case on offer and acceptance and exclusion clauses. It stands for the proposition that a display of goods can be an offer and a whole offer, rather than an invitation to treat, and serves as an example for how onerous exclusion clauses can be deemed to not be incorporated in a contract. Facts David Chapelton went to a beach with his friend, Miss Andrews, at Cold Knap, a district of Barry in south Wales. There was a pile of deckchair A deckchair (or deck chair) is a folding chair, usually with a frame of treated wood or other material. The term now usually denotes a portable folding chair, with a single strip of Textile, fabric or Polyvinyl chloride, vinyl forming the back ...s. A notice next to them said, It also said tickets should be obtained ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Olley V Marlborough Court Ltd
''Olley v Marlborough Court Hotel'[1949] 1 KB 532is an English contract law case on exclusion clauses in contract law. The case stood for the proposition that a representation made by one party cannot become a term of a contract if made after the agreement was made. The representation can only be binding where it was made at the time the contract was formed. Facts Mrs Olley was a long-staying resident of the Marlborough Court Hotel, Lancaster Gate, London. As usual she left her room key on a rack behind the reception one day, but when she came back it was gone. Inside her room, her fur coat had been stolen. A witness called Colonel Crerer, who was sitting in the lounge, saw a person go in and come out again with a parcel fifteen minutes later. The porter had apparently been cleaning a bust of the Duke of Marlborough and failed to notice. Mrs Olley asked to be repaid for the cost of the coat. The hotel pointed to an exclusion clause on a notice behind a door in the bedro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
J Spurling Ltd V Bradshaw
is an English contract law and English property law case on exclusion clauses and bailment. It is best known for Denning LJ's "red hand rule" comment, where he said, Facts J Spurling Ltd had a warehouse in East London. Mr Andrew Bradshaw had seven barrels of orange juice. He asked Spurling Ltd to store them. In the contract was the "London lighterage clause" which exempted warehousemen from liability due to their negligence. When the barrels were collected, they were damaged. When Bradshaw refused to pay Spurling Ltd, the company sued for the cost. Bradshaw counterclaimed for damages for breach of an implied term of a contract of bailment to take reasonable care. Judgment Denning LJ, Morris LJ and Parker LJ held that although the warehouse employees were negligent, the clause effectively exempted them. Denning LJ's judgment went as follows. Note that his reference to the concept of a fundamental breach precluding an exclusion of liability was rejected by the House of Lord ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Thornton V Shoe Lane Parking Ltd
is a leading English contract law case. It gives a good example of the rule that a clause cannot be incorporated after a contract has been concluded, without reasonable notice before. Also, it was held that an automatic ticket machine was an offer, rather than an invitation to treat. Although the case is important for these two propositions, today any exclusion of negligence liability for personal injury by businesses is prohibited by the Unfair Contract Terms Act 1977 s 2(1) and the Unfair Terms in Consumer Contracts Regulations 1999 Sch 2, para(a). Facts Francis Thornton, "a free lance trumpeter of the highest quality", drove to the entrance of the multi-storey car park on Shoe Lane, before attending a performance at Farringdon Hall with the BBC. He took a ticket from the ticket machine and parked his car. It said "This ticket is issued subject to the conditions of issue as displayed on the premises". On the car park pillars near the paying office there was a list, one ex ... [...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] |
