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Poussard V Spiers And Pond
''Poussard v Spiers and Pond'' (1876) 1 QBD 410 is an English contract law case, concerning the classification of contract terms and wrongful dismissal. Facts Madame Poussard agreed in writing to sing and play the lead role at Spiers and Pond's French opera at the Criterion Theatre for £11 a week for three months. This was on condition that the opera ran for three months and started at about 14 November. The letter of engagement read, “Criterion Theatre, Oct. 16th, 1874. “To Madame Poussard. “On behalf of Messrs. Spiers & Pond I engage you to sing and play at the Criterion Theatre on the following terms:— “You to play the part of Friquette in Lecocq's opera of Les Pres Saint Gervais, commencing on or about the fourteenth of November next, at a weekly salary of eleven pounds (£11), and to continue on at that sum for a period of three months, providing the opera shall run for that period. Then, at the expiration of the said three months, I shall be at liberty to ...
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Condition Precedent
A condition precedent is an event or state of affairs that is required before something else will occur. In contract law, a condition precedent is an event which must occur, unless its non-occurrence is excused, before performance under a contract becomes due, i.e., before any contractual duty exists.Restatement (Second) of Contracts § 224 In estate and trust law, it is a provision in a will or trust that prevents the vesting of a gift or bequest until something occurs or fails to occur, e.g. the attainment of a certain age or the predecease of another person. For comparison, a condition subsequent brings a duty to an end whereas a condition precedent initiates a duty. In computing, a while loop sets the truth of a statement as a condition precedent for the execution of a given subroutine or other code segment. By contrast, a do while loop provides for the action's ongoing execution unless a given condition is determined to be false, ''i.e.'', provides for that action's execution ...
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Lord Blackburn Cases
Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or are entitled to courtesy titles. The collective "Lords" can refer to a group or body of peers. Etymology According to the Oxford Dictionary of English, the etymology of the word can be traced back to the Old English word ''hlāford'' which originated from ''hlāfweard'' meaning "loaf-ward" or "bread-keeper", reflecting the Germanic tribal custom of a chieftain providing food for his followers. The appellation "lord" is primarily applied to men, while for women the appellation "lady" is used. This is no longer universal: the Lord of Mann, a title previously held by the Queen of the United Kingdom, and female Lords Mayor are examples of women who are styled as "Lord". Historical usage Feudalism Under the feudal system, "lord" had a wide ...
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English Termination 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 * ...
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Torquay Hotel Co Ltd V Cousins
''Torquay Hotel Co Ltd v Cousins'' 968EWCA Civ 2 (BAILIIis a UK labour law case concerning the liability of a union when its members take industrial action. In it Lord Denning MR invented a new economic tort for interference with a contract. This was not there before, because economic torts had only existed where the result of some action was unlawful, for instance the ''breach'' of a contract, intimidation (see ''Tarleton v McGawley'' (1793) 1 Peake 270) or conspiracy to injure. The House of Lords has subsequently rejected the existence of a separate tort for interference with a contract which can be constituted without unlawful actions or without a contractual breach.see also now, '' OBG Ltd v Allan'' 007UKHL 21 [20072 WLR 920 Facts Torquay Hotel Co Ltd had a contract for the supply of oil from Esso Petroleum Co Ltd. It contained a ''force majeure'' clause. The Transport and General Workers Union went on strike and blocked that supply. There was therefore no breach of contra ...
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Bettini V Gye
''Bettini v Gye'' (1876) 1 QBD 183 is an English contract law case, concerning the right to terminate performance of a contract. Facts The tenor :it:Alessandro Bettini agreed with opera manager Frederick Gye that he would not sing anywhere within fifty miles of London except at the Royal Italian Opera, Covent Garden (now the Royal Opera House The Royal Opera House (ROH) is an opera house and major performing arts venue in Covent Garden, central London. The large building is often referred to as simply Covent Garden, after a previous use of the site. It is the home of The Royal Ope ...), from 1 January to 1 December, and would perform for him from 30 March to 13 July 1875 for £150 per month. Bettini was supposed to perform concerts or operas. Importantly, Bettini was meant to be in London ‘without fail’ 6 days before rehearsals, but did not arrive until 28 March, at which point he was ready to perform. However, Gye rejected Bettini’s performance. Judgment Black ...
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Jackson V Union Marine Insurance
''Jackson v Union Marine Insurance'' (1874) 10 Common Pleas 125 is an early English contract law case concerning the right to terminate an agreement. Facts Mr. Jackson owned a ship - the ''Spirit of the Dawn''. In November 1871 he entered a charter-party for the ship to go from Liverpool to Newport, and load iron rails, which were going to be used for a new line in San Francisco. Mr Jackson also had an insurance policy with Union Marine Insurance, which covered losses for "perils of the sea". The ship left on 2 January 1872 but ran aground in Carnarvon Bay the next day. She needed repairs until August. The charterers on 15 February secured another ship to carry the rails. Jackson brought an action on the insurance policy on the chartered freight. The jury A jury is a sworn body of people (jurors) convened to hear evidence and render an impartial verdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or judgment. Juries ...
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Bramwell B
George William Wilshere Bramwell, 1st Baron Bramwell, (12 June 1808 – 9 May 1892), was an English judge. Early years He was the eldest son of George Bramwell (1773–1858), a partner in the banking firm of Dorrien, Magens, Dorrien, & Mello; his mother Harriet is said to have been a woman of great strength of character, who attained the age of 96. Bramwell was born on 12 June 1808 in Finch Lane, Cornhill. At 12 years old he was sent to the Palace school in Enfield, kept by Dr. George May, where he was the school-fellow of William Fry Channell, his contemporary on the home circuit and his colleague in the court of exchequer. On leaving school he became a clerk in his father's bank. In 1830, having married his first wife, Bramwell decided to enter the law, and became the pupil of Fitzroy Kelly. After practising for some years as a special pleader he was called to the bar by the Inner Temple in May 1838. He joined the home circuit, acquired a substantial junior practice, and bu ...
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Blackburn J
Colin Blackburn, Baron Blackburn, (18 May 1813 – 8 January 1896) was a Scottish judge who is remembered as one of the greatest exponents of the common law. At one point, Blackburn was a judge in the Court of Exchequer Chamber. On 16 October 1876, he became the first person to be made a law lord under the terms of the newly passed Appellate Jurisdiction Act. Life He was the second son of John Blackburn of Killearn, Stirlingshire, and Rebecca, daughter of the Rev. Colin Gillies. He was born on 18 May 1813. His elder brother, Peter Blackburn, represented Stirlingshire in the conservative interest in the parliament of 1859–65. His younger brother was the mathematician Hugh Blackburn. The future judge was educated at the Edinburgh Academy, Eton and Trinity College, Cambridge, in which university he graduated B.A. (eighth wrangler) in 1835, and proceeded M.A. in 1838. In 1870, he received the honorary degree of LL.D. from the University of Edinburgh. Admitted on 20 April 1835, s ...
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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 (such as Australia, Canada, 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 voluntary obligation, contrasting to the duty to not violate others rights in tort or 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 human rights. Generally a contract forms when one person makes an offer, and another person accepts it by communicating their assent or performing the offer's terms. If the terms are certain, and the parties can be presumed from their beha ...
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High Court Judge (England And Wales)
A Justice of the High Court, commonly known as a ‘High Court judge’, is a judge of the High Court of Justice of England and Wales, and represents the third highest level of judge in the courts of England and Wales. High Court judges are referred to as puisne (pronounced ''puny'') judges. High Court Judges wear red and black robes. High Court judges rank below Justices of Appeal, but above circuit judges. Title and form of address Upon appointment, male High Court judges are appointed Knights Bachelor and female judges made Dames Commander of the Order of the British Empire. In court, a High Court judge is referred to as ''My Lord'' or ''Your Lordship'' if male, or as ''My Lady'' or ''Your Ladyship'' if female. High Court judges use the title in office of ''Mr Justice'' for men or, normally, ''Mrs Justice'' for women, even if unmarried. When Alison Russell was appointed in 2014, she took the title "Ms Justice Russell". The style of ''The Honourable'' (or ''The Hon'' ...
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Chelsea, London
Chelsea is an affluent area in west London, England, due south-west of Charing Cross by approximately 2.5 miles. It lies on the north bank of the River Thames and for postal purposes is part of the south-western postal area. Chelsea historically formed a manor and parish in the Ossulstone hundred of Middlesex, which became the Metropolitan Borough of Chelsea in 1900. It merged with the Metropolitan Borough of Kensington, forming the Royal Borough of Kensington and Chelsea upon the creation of Greater London in 1965. The exclusivity of Chelsea as a result of its high property prices historically resulted in the coining of the term "Sloane Ranger" in the 1970s to describe some of its residents, and some of those of nearby areas. Chelsea is home to one of the largest communities of Americans living outside the United States, with 6.53% of Chelsea residents having been born in the U.S. History Early history The word ''Chelsea'' (also formerly ''Chelceth'', ''Chelchith' ...
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