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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] |
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] |
Exclusion Clause
An exclusion clause is a term in a contract that seeks to restrict the rights of the parties to the contract. Traditionally, the district courts have sought to limit the operation of exclusion clauses. In addition to numerous common law rules limiting their operation, in England and Wales Consumer Contracts Regulations 1999. The Unfair Contract Terms Act 1977 applies to all contracts, but the Unfair Terms in Consumer Contracts Regulations 1999, unlike the common law rules, do differentiate between contracts between businesses and contracts between business and consumer, so the law seems to explicitly recognize the greater possibility of exploitation of the consumer by businesses. Types of exclusion clause There are various methods by which a party may seek to exclude or mitigate liability by use of a contractual term: * True exclusion clause: The clause recognizes a potential breach of contract, and then excuses liability for the breach. Alternatively, the clause is constructed ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract Law
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of the min ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
London
London is the capital and largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary down to the North Sea, and has been a major settlement for two millennia. The City of London, its ancient core and financial centre, was founded by the Romans as '' Londinium'' and retains its medieval boundaries.See also: Independent city § National capitals The City of Westminster, to the west of the City of London, has for centuries hosted the national government and parliament. Since the 19th century, the name "London" has also referred to the metropolis around this core, historically split between the counties of Middlesex, Essex, Surrey, Kent, and Hertfordshire, which largely comprises Greater London, governed by the Greater London Authority.The Greater London Authority consists of the Mayor of London and the London Assembly. The London Mayor is distinguished fr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fur Coat
Fur clothing is clothing made from the preserved skins of mammals. Fur is one of the oldest forms of clothing, and is thought to have been widely used by people for at least 120,000 years. The term 'fur' is often used to refer to a specific item of clothing such as a coat, wrap, or shawl made from the fur of animals. Humans wear fur garments to protect them from cold climates and wind chill, but documented evidence of fur as a marker of social status as far back as 2,000-years ago with ancient Egyptian emperors and high priests wearing the skins of leopards. Historically in European and Middle Eastern cultures fur garments often had the fur facing inwards with cloth on the exterior of the jacket, but in the 19th century a trend for wearing seal fur coats with the fur facing outwards became the trend. World wide both styles are popular, with fur linings offering more thermal benefits and exterior furs serving more of a fashionable purpose. History Fur is generally tho ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duke Of Marlborough
General (United Kingdom), General John Churchill, 1st Duke of Marlborough, 1st Prince of Mindelheim, 1st Count of Nellenburg, Prince of the Holy Roman Empire, (26 May 1650 – 16 June 1722 Old Style and New Style dates, O.S.) was an English soldier and statesman whose career spanned the reigns of five monarchs. From a gentry family, he served first as a Page (servant), page at the court of the House of Stuart under James, Duke of York, through the 1670s and early 1680s, earning military and political advancement through his courage and diplomatic skill. Churchill's role in defeating the Monmouth Rebellion in 1685 helped secure James on the throne, but he was a key player in the military conspiracy that led to James being deposed during the Glorious Revolution. Rewarded by William III of England, William III with the title Earl of Marlborough#Earls of Marlborough; Second creation (1689), Earl of Marlborough, persistent charges of Jacobitism led to his fall from office and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alfred Denning, Baron Denning
Alfred Thompson "Tom" Denning, Baron Denning (23 January 1899 – 5 March 1999) was an English lawyer and judge. He was called to the bar of England and Wales in 1923 and became a King's Counsel in 1938. Denning became a judge in 1944 when he was appointed to the Probate, Divorce and Admiralty Division of the High Court of Justice, and transferred to the King's Bench Division in 1945. He was made a Lord Justice of Appeal in 1948 after less than five years in the High Court. He became a Lord of Appeal in Ordinary in 1957 and after five years in the House of Lords returned to the Court of Appeal as Master of the Rolls in 1962, a position he held for twenty years. In retirement he wrote several books and continued to offer opinions on the state of the common law through his writing and his position in the House of Lords. Margaret Thatcher said that Denning was "probably the greatest English judge of modern times". Denning's appellate work in the Court of Appeal did not concern ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Edward Singleton
Sir John Edward Singleton (18 January 1885 – 6 January 1957) was a British politician and judge. Early life and career Singleton was born in St Michael's on Wyre, Lancashire, and was educated at Lancaster Royal Grammar School and Pembroke College, Cambridge, where he read Law, obtaining a third-class degree. He was called to the bar at the Inner Temple in 1906, and joined the Northern Circuit. During World War I he served in the Royal Field Artillery, achieving the rank of captain. He was also mentioned in dispatches. He became a King's Counsel in 1922. In the 1922 general election, he was elected to the House of Commons for Lancaster as a Conservative, but was unseated in the 1923 general election by the Liberal candidate. After his defeat, he returned to the bar; he was Judge of Appeal in the Isle of Man between 1928 and 1932, and Recorder of Preston between 1928 and 1934. Judicial career Singleton was appointed a judge of the King's Bench Division of the High ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Intention To Be Legally Bound
Intention to create legal relations, otherwise an "intention to be legally bound", is a doctrine used in contract law, particularly English contract law and related common law jurisdictions. The doctrine establishes whether a court should presume that parties to an agreement wish it to be enforceable at law, and it states that an agreement is legally enforceable only if the parties are deemed to have intended it to be a binding contract. Identifying intention to create legal relations A contract is a legally binding agreement. Once an offer has been accepted, there is an agreement, but not necessarily a contract. The element that converts any agreement into a true contract is "intention to create legal relations". There must be evidence that the parties intended the agreement to be subject to the law of contract. If evidence of intent is found, the agreement gives rise to legal obligations whereby any party in breach may be sued. In English law, there are two judicial devices to h ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chapelton V , estate in East Ayrshire, Scotland
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Chapelton is the name of several places: * Chapelton, Devon, England ** Chapelton railway station *Chapelton, Jamaica *Chapelton, Aberdeenshire, Scotland * Chapelton, Port Glasgow, Scotland * Chapelton, South Lanarkshire, Scotland See also * Chapeltown (other) *Chapeltoun Chapeltoun is an estate on the banks of the Annick Water in East Ayrshire, a rural area of Scotland famous for its milk and cheese production and the Ayrshire or Dunlop breed of cattle. Templeton and the Knights Templar The feudal allocatio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parker V South Eastern Railway Company
''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] |
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