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Oscar Chess Ltd V Williams
''Oscar Chess Ltd v Williams'' 957EWCA Civ 5is an English contract law case, concerning the difference between a term and a representation. Facts Williams sold Oscar Chess Ltd a Morris car for £290. It was described as a 1948 Morris 10, but it was really a 1939 model worth £175. Williams said it was 1948 in good faith, relying on the car log book, but the book was a forgery. Judgment Denning LJ said the term could only possibly be a warranty, whose ordinary meaning is ‘to denote a binding promise’. In '' Cross v Gardner'' Holt CJ held that ‘An affirmation at the time of a sale is a warranty, provided it appears on evidence to be so intended.’ And this was the ordinary English meaning of a binding promise. But in '' Heilbut, Symons & Co v Buckleton'' 913AC 30 Lord Haldane LC and Lord Moulton said ‘warranty’ in a technical sense, distinguished from a condition. The crucial point of this case was not whether the representation was a warranty or condition, but a term o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Morris Motor
Morris Motors Limited was a British privately owned motor vehicle manufacturing company formed in 1919 to take over the assets of William Morris's WRM Motors Limited and continue production of the same vehicles. By 1926 its production represented 42 per cent of British car manufacture—a remarkable expansion rate attributed to William Morris's practice of buying in major as well as minor components and assembling them in his own factory. Self-financing through his enormous profits Morris did borrow some money from the public in 1926 and later shared some of Morris Motors' ownership with the public in 1936 when the new capital was used by Morris Motors to buy many of his other privately held businesses. Though it merged... although nearly twenty-five years had elapsed since the BMC merger, not even Austin and Morris, the two volume car manufacturers that formed the core of the original merger, had integrated to a significant degree. Stokes illustrated the immensity of the probl ... [...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] |
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] |
Denning LJ
Alfred Thompson "Tom" Denning, Baron Denning (23 January 1899 – 5 March 1999) was an English lawyer and judge. He was call to the bar, 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 Family Division, Probate, Divorce and Admiralty Division of the High Court of Justice, and transferred to the Queen's Bench Division, 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 Judicial functions of the House of Lords, 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 grea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chandelor V Lopus
''Chandelor v Lopus'' (1603) 79 ER 3 is a famous case in the common law of England. It stands for the distinction between warranties and mere affirmations and announced the rule of ''caveat emptor'' (buyer beware). Facts A man paid £100 for what he thought was a bezoar stone. This is a stone that forms in animals' intestinal systems, and was believed to have magical healing properties. The seller said it was a bezoar stone, which turned out to be false. The buyer sued for the return of the £100 purchase price. How the claimant discovered that the bezoar did not work is not discussed in the report. The issue for the court was whether the sales pitch had been the usual big talk of the market merchants in the plying of their wares, or if there had been indeed an actual deceit in the transaction. Judgment The Exchequer Court held the buyer had no right to his money back, saying "the bare affirmation that it was a bezoar stone, without warranting it to be so, is no cause of act ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cross V Gardner
A cross is a geometrical figure consisting of two intersecting lines or bars, usually perpendicular to each other. The lines usually run vertically and horizontally. A cross of oblique lines, in the shape of the Latin letter X, is termed a saltire in heraldic terminology. The cross has been widely recognized as a symbol of Christianity from an early period.''Christianity: an introduction'' by Alister E. McGrath 2006 pages 321-323 However, the use of the cross as a religious symbol predates Christianity; in the ancient times it was a pagan religious symbol throughout Europe and western Asia. The effigy of a man hanging on a cross was set up in the fields to protect the crops. It often appeared in conjunction with the female-genital circle or oval, to signify the sacred marriage, as in Egyptian amule ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Holt CJ
Sir John Holt (23 December 1642 – 5 March 1710) was an English lawyer who served as Lord Chief Justice of England from 17 April 1689 to his death. He is frequently credited with playing a major role in ending the prosecution of witches in English law. Biography Holt was born in Abingdon in Berkshire (now Oxfordshire), the son of Sir Thomas Holt, MP for that town, and his wife, Susan, the daughter of John Peacock of Chieveley, also in Berkshire. He was educated at John Roysse's Free School in Abingdon (now Abingdon School) from 1652 to 1658, Gray's Inn and Oriel College, Oxford. He purchased Redgrave Manor in Suffolk, which had been the seat of the Bacon family in 1702, when debts forced the fifth baronet, Sir Robert Bacon, to sell the estate. A letter in the Bodleian Library reads: "The celebrated Dr Radcliffe, the physician ... took special pains to preserve the life of LCJ Holt's wife, whom he attended out of spite to her husband, who wished her dead." Sir John Holt's ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Heilbut, Symons & Co V Buckleton
''Heilbut, Symons & Co v Buckleton'' 912UKHL 2is an English contract law case, given by the House of Lords on misrepresentation and contractual terms. It held that a non-fraudulent misrepresentation gave no right to damages. This was decided decades before ''Hedley Byrne v Heller'', where damages for negligent misrepresentation were introduced in English law, and, thus, it would today be regarded as wrongly decided under the tort of negligent misrepresentation. Facts During an economic boom in the rubber trade 1910 (at the end of the Amazon rubber boom), Heilbut, Symons & Co were merchants who were underwriting shares of what they claimed was a rubber business, called the Filisola Rubber and Produce Estates, Limited in Mexico. Buckleton called up a manager at Heilbut to inquire about the shares. In response to the questions, the manager confirmed that they were "bringing out a rubber company". Based on this statement, Buckleton purchased a large number of shares. The company turn ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Routledge V McKay
Routledge () is a British multinational publisher. It was founded in 1836 by George Routledge, and specialises in providing academic books, journals and online resources in the fields of the humanities, behavioural science, education, law, and social science. The company publishes approximately 1,800 journals and 5,000 new books each year and their backlist encompasses over 70,000 titles. Routledge is claimed to be the largest global academic publisher within humanities and social sciences. In 1998, Routledge became a subdivision and imprint of its former rival, Taylor & Francis Group (T&F), as a result of a £90-million acquisition deal from Cinven, a venture capital group which had purchased it two years previously for £25 million. Following the merger of Informa and T&F in 2004, Routledge became a publishing unit and major imprint within the Informa "academic publishing" division. Routledge is headquartered in the main T&F office in Milton Park, Abingdon, Oxfordshire and a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
