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Pigot's Case
''Pigot's Case'' (161411 CoRep 26b, 558-1774All ER Rep 50, 77 ER 1177 is a 17th-century decision of the English courts. It is often simply referred to by reference to the rule in Pigot's Case. The rule has been described as a "ghost of the past". Facts Henry Pigot was indebted to Benedict Winchcombe, and on 2 March 1611 they executed a bond by way of deed relating to the indebtedness. Subsequently, in 1614, Winchcombe was appointed as High Sheriff of Oxfordshire. At this point, some well-meaning but unknown person altered the deed to record this fact by inserting the words "''Vicecomiti Comitatus Oxon''" (Sheriff of the County of Oxford) immediately after the words Benedict Winchcombe, Esq and before the specification of the amount due. No other changes were made to the deed. In 1614 Winchcombe brought an action against Pigot on the deed. Pigot, relying on existing case law, entered a plea of "''non est factum''" (it is not my deed), essentially arguing that because the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Edward Coke
Edward is an English given name. It is derived from the Anglo-Saxon name ''Ēadweard'', composed of the elements '' ēad'' "wealth, fortune; prosperous" and '' weard'' "guardian, protector”. History The name Edward was very popular in Anglo-Saxon England, but the rule of the Norman and Plantagenet dynasties had effectively ended its use amongst the upper classes. The popularity of the name was revived when Henry III named his firstborn son, the future Edward I, as part of his efforts to promote a cult around Edward the Confessor, for whom Henry had a deep admiration. Variant forms The name has been adopted in the Iberian peninsula since the 15th century, due to Edward, King of Portugal, whose mother was English. The Spanish/Portuguese forms of the name are Eduardo and Duarte. Other variant forms include French Édouard, Italian Edoardo and Odoardo, German, Dutch, Czech and Romanian Eduard and Scandinavian Edvard. Short forms include Ed, Eddy, Eddie, Ted, Teddy and Ned. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Non Est Factum
(Latin for "it is not ydeed") is a defence in contract law that allows a signing party to escape performance of an agreement "which is fundamentally different from what he or she intended to execute or sign". A claim of means that the signature on the contract was signed by mistake, without knowledge of its meaning. A successful plea would make the contract void . According to ''Saunders v Anglia Building Society'' 971AC 1004, applied in ''Petelin v Cullen'' 975 the strict requirements necessary for a successful plea are generally that: # The person pleading must belong to "class of persons, who through no fault of their own, are unable to have any understanding of the purpose of the particular document because of blindness, illiteracy or some other disability". (2009) 13(1) University of Western Sydney Law Review 83. The disability must be one requiring the reliance on others for advice as to what they are signing. # The "signatory must have made a fundamental mistake as to t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Harney Westwood & Riegels
Harney Westwood & Riegels (or Harneys) is a global offshore law firm that provides advice on British Virgin Islands, Cayman Islands, Cyprus, Luxembourg, Bermuda and Anguilla law to an international client base that includes law firms, financial institutions, investment funds, and private individuals. They have locations in major financial centers across Europe, Asia, the Americas and the Caribbean. In 2016 Harneys was named Offshore Law Firm of the Year by ''The Lawyer'' in its annual awards. History Harneys is the oldest and largest legal practice firm in the BVI. Combined with its affiliated fiduciary services business, Harneys is the second largest private employer in the BVI. The firm began in 1958 when Harold Harney formed the first resident legal practice firm to be set up in the BVI. He was joined by Neville Westwood in 1967 and Michael Riegels in 1973. Notable Harneys alumni include: * Michael Riegels QC, inaugural chairman of the British Virgin Islands Financial ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Sheriff Of Oxfordshire
The High Sheriff of Oxfordshire, in common with other counties, was originally the King's representative on taxation upholding the law in Saxon times. The word Sheriff evolved from 'shire-reeve'. The title of High Sheriff is therefore much older than the other crown appointment, the Lord Lieutenant of Oxfordshire, which came about after 1545. Between 1248 and 1566 Berkshire and Oxfordshire formed a joint shrievalty (apart from a brief period in 1258/9). See High Sheriff of Berkshire. List of High Sheriffs of Oxfordshire *1066–1068: Saewold *1066–1086: Edwin *1071: Robert D'Oyly 12th century *c. 1130: Restold *c. 1142–?: William de Chesney *1135–1154: Henry de Oxford *1155–1159: Henry D'Oyly, 4th Baron Hocknorton *1160: Manasser Arsick and Henry D'Oyly, 4th Baron Hocknorton *1161–1162: Manasser Arsick *1163: Thomas Basset *1164–1169: Adam de Catmore *1170–1174: Alard Banastre *1175–1178: Robert de Tureville *1179–1181: (first half): Geoffrey Hose *1181: (s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Edward Coke
Edward is an English given name. It is derived from the Anglo-Saxon name ''Ēadweard'', composed of the elements '' ēad'' "wealth, fortune; prosperous" and '' weard'' "guardian, protector”. History The name Edward was very popular in Anglo-Saxon England, but the rule of the Norman and Plantagenet dynasties had effectively ended its use amongst the upper classes. The popularity of the name was revived when Henry III named his firstborn son, the future Edward I, as part of his efforts to promote a cult around Edward the Confessor, for whom Henry had a deep admiration. Variant forms The name has been adopted in the Iberian peninsula since the 15th century, due to Edward, King of Portugal, whose mother was English. The Spanish/Portuguese forms of the name are Eduardo and Duarte. Other variant forms include French Édouard, Italian Edoardo and Odoardo, German, Dutch, Czech and Romanian Eduard and Scandinavian Edvard. Short forms include Ed, Eddy, Eddie, Ted, Teddy and Ned. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Void (law)
In law, void means of no legal effect. An action, document, or transaction which is void is of no legal effect whatsoever: an absolute nullity—the law treats it as if it had never existed or happened. The term void ''ab initio'', which means "to be treated as invalid from the outset", comes from adding the Latin phrase ''ab initio'' (from the beginning) as a qualifier. For example, in many jurisdictions where a person signs a contract under duress, that contract is treated as being void ''ab initio''. The frequent combination "null and void" is a legal doublet. The term is frequently used in contradistinction to the term "voidable" and "unenforceable". Definitions '' Black's Law Dictionary'' defines 'void' as: In the case of a contract, this means there is no legal obligation, therefore there can be no breach of contract since the contract is null, but there may be an implied contract which requires the recipient of goods or services provided to pay their reasonable value. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Obiter Dictum
''Obiter dictum'' (usually used in the plural, ''obiter dicta'') is a Latin phrase meaning "other things said",''Black's Law Dictionary'', p. 967 (5th ed. 1979). that is, a remark in a legal opinion that is "said in passing" by any judge or arbitrator. It is a concept derived from English common law, whereby a judgment comprises only two elements: ''ratio decidendi'' and ''obiter dicta''. For the purposes of judicial precedent, ''ratio decidendi'' is binding, whereas ''obiter dicta'' are persuasive only. Significance A judicial statement can be ''ratio decidendi'' only if it refers to the crucial facts and law of the case. Statements that are not crucial, or which refer to hypothetical facts or to unrelated law issues, are ''obiter dicta''. ''Obiter dicta'' (often simply ''dicta'', or ''obiter'') are remarks or observations made by a judge that, although included in the body of the court's opinion, do not form a necessary part of the court's decision. In a court opinion, ''obiter ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chitty On Contracts
''Chitty on Contracts'' is one of the leading textbooks covering English contract law. The textbook is now in its 34th edition. The first editors were Joseph Chitty the Younger and Thompson Chitty, sons of Joseph Chitty. Contents Volume I – General Principles *Part I – Introduction *Part 2 – Formation of Contract **Chapter 2 – The Agreement, Chapter 3 – Consideration, Chapter 4 – Form, Chapter 5 – Mistake, Chapter 6 – Misrepresentation, Chapter 7 – Duress and Undue Influence *Part 3 – Capacity of Parties **Chapter 8 – Personal Incapacity, Chapter 9 – Corporations and Unincorporated Associations, Chapter 10 – The Crown, Public Authorities and the European Union, Chapter 11 – Political Immunity and Incapacity *Part 4 – The Terms of Contract **Chapter 12 – Express Terms, Chapter 13 – Implied Terms, Chapter 14 – Exemption Clauses, Chapter 15 – Unfair Terms in Consumer Contracts *Part 5 – Illegality and Public Policy: **Chapter 16 – Illegality ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law Jurisdictions
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Privy Council
A privy council is a body that advises the head of state of a state, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the monarch's closest advisors to give confidential advice on state affairs. Privy councils Functioning privy councils Former or dormant privy councils See also * Privy Council of the Habsburg Netherlands * Council of State * Crown Council * Executive Council (Commonwealth countries) * Privy Council ministry * State Council State Council may refer to: Government * State Council of the Republic of Korea, the national cabinet of South Korea, headed by the President * State Council of the People's Republic of China, the national cabinet and chief administrative auth ... References {{DEFAULTSORT:Privy Council Advisory councils for heads of state Monarchy Royal and noble courts ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Goss V Chilcott
is a decision of the Privy Council on appeal from New Zealand relating to the law of restitution, and in particular the requirements of total failure of consideration in relation to loans where some repayments had been made, and the defence of change of position. Facts Mr Haddon was a director of a company called Central Acceptance Limited. Mr Haddon wished to borrow money from the company, but under New Zealand law companies were barred from lending money to their directors. Accordingly, Mr Haddon formulated a plan whereby the company would lend $30,000 to Mr and Mrs Goss (Mrs Goss was Mr Haddon's sister), and then Mr and Mrs Goss would on-lend those sums to Mr Haddon.Goss v Chilcott', at paragraph 2. Mr Haddon proposed the loan to Mr and Mrs Goss to his fellow directors on 6 May 1987, although it does not appear that he made them aware that the funds were to be immediately on-loaned to him. The loan was approved for a short term (3 months), repayable in three monthly ins ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New South Wales
) , nickname = , image_map = New South Wales in Australia.svg , map_caption = Location of New South Wales in AustraliaCoordinates: , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , established_date = Colony of New South Wales , established_title2 = Establishment , established_date2 = 26 January 1788 , established_title3 = Responsible government , established_date3 = 6 June 1856 , established_title4 = Federation , established_date4 = 1 January 1901 , named_for = Wales , demonym = , capital = Sydney , largest_city = capital , coordinates = , admin_center = 128 local government areas , admin_center_type = Administration , leader_title1 = Monarch , leader_name1 = Charles III , leader_title2 = Governor , leader_name2 = Margaret Beazley , leader_title3 = Premier , leader_name3 = Dominic Perrottet (Liberal) , national_representation = Parliament of Australia , national_representation_type1 = Senat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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