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Privity In English Law
Privity is a doctrine in English contract law that covers the relationship between parties to a contract and other parties or agents. At its most basic level, the rule is that a contract can neither give rights to, nor impose obligations on, anyone who is not a party to the original agreement, i.e. a "third party". Historically, third parties could enforce the terms of a contract, as evidenced in '' Provender v Wood'', but the law changed in a series of cases in the 19th and early 20th centuries, the most well known of which are ''Tweddle v Atkinson'' in 1861 and '' Dunlop Pneumatic Tyre v Selfridge and Co Ltd'' in 1915. The doctrine was widely seen as unfair, for various reasons – it made no exception for cases where the parties to a contract obviously intended for it to be enforced by a third party, and it was so inconsistently applied that it provided no solid rule and was therefore "bad" law. The doctrine attracted criticism from figures such as Lord Scarman, Lord Denning, ... [...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] |
Turner2007
Turner may refer to: People and fictional characters *Turner (surname), a common surname, including a list of people and fictional characters with the name * Turner (given name), a list of people with the given name *One who uses a lathe for turning *Sean and Dorothy Turner are the protagonists of ''Servant'' as is their infant "son" Jericho. Places Australia *Turner, Australian Capital Territory *Turner River, Western Australia Canada *Turner, Ontario United States *Turner, Mississippi County, Arkansas *Turner, Phillips County, Arkansas *Turner, former name of Tuttle, California *Turner, Indiana *Turner, Kansas *Turner, Maine, a New England town **Turner (CDP), Maine, within the town of Turner * Turner, Michigan *Turner, Montana *Turner, Oregon *Turner, Washington * Turner, West Virginia *Turner Air Force Base, outside Albany, Georgia *Turner County, Georgia *Turner County, South Dakota Businesses *Turner Broadcasting System, part of WarnerMedia, managed a collection of cable n ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Collateral Contract
A collateral contract is usually a single term contract, made in consideration of the party for whose benefit the contract operates agreeing to enter into the principal or main contract, which sets out additional terms relating to the same subject matter as the main contract. For example, a collateral contract is formed when one party pays the other party a certain sum for entry into another contract. A collateral contract may be between one of the parties and a third party. It can also be epitomized as follows: a collateral contract is one that induces a person to enter into a separate "primary" contract. For example, if X agrees to buy goods from Y that will, accordingly, be manufactured by Z, and does so on the strength of Z's assurance as to the high quality of the goods, X and Z may be held to have made a collateral contract consisting of Z's promise of quality given in consideration of X's promise to enter into the main contract with Y. Elements of a valid collateral con ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stephen Guest
Stephen Guest, Barrister (Inner Temple) and Barrister and Solicitor (N.Z. High Court), is the Professor of Legal Philosophy at the University College London Faculty of Laws. Education Guest obtained his BA in Philosophy (1971) and his LLB at the University of Otago, his BLitt at University College, Oxford (1978) under Professor Ronald Dworkin, and his Ph.D. A Doctor of Philosophy (PhD, Ph.D., or DPhil; Latin: or ') is the most common degree at the highest academic level awarded following a course of study. PhDs are awarded for programs across the whole breadth of academic fields. Because it is a ... at University College London (1991). Works Amongst his major work is his account of Ronald Dworkin's legal, political and moral philosophy in ''Ronald Dworkin'', Stanford University Press, 2012. External linksUCL Faculty of Laws-Stephen Guest [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo-Americ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jacobs
Jacobs may refer to: Businesses and organisations *Jacob's, a brand name for several lines of biscuits and crackers in Ireland and the UK *Jacobs (coffee), a brand of coffee * Jacobs Aircraft Engine Company, former American aircraft engine company *Jacobs Engineering Group, an American international technical professional services firm *Jacobs Entertainment, an American gaming, hospitality, and entertainment company * Jacobs School of Medicine and Biomedical Sciences, at the University at Buffalo, New York, U.S. *Jacobs School of Music, at, Indiana University, U.S. *Jacobs University Bremen, in Germany Places *Jacobs, Louisville, Kentucky, U.S. *Jacobs, Pennsylvania, U.S., now Port Providence *Jacobs, Wisconsin, U.S. *Jacobs Island, Antarctica Other uses *Jacobs (surname), including a list of people with this name * Jacobs F.C., a former Irish football club *, a tug, formerly ''Empire Gnome'' See also * Jacob (other) * Jacobs Creek (other) * Jacobs River (d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parliament Of The United Kingdom
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative supremacy and thereby ultimate power over all other political bodies in the UK and the overseas territories. Parliament is bicameral but has three parts, consisting of the sovereign ( King-in-Parliament), the House of Lords, and the House of Commons (the primary chamber). In theory, power is officially vested in the King-in-Parliament. However, the Crown normally acts on the advice of the prime minister, and the powers of the House of Lords are limited to only delaying legislation; thus power is ''de facto'' vested in the House of Commons. The House of Commons is an elected chamber with elections to 650 single-member constituencies held at least every five years under the first-past-the-post system. By constitutional convention, all governme ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Acts Of Parliament
Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of parliament begin as a bill, which the legislature votes on. Depending on the structure of government, this text may then be subject to assent or approval from the executive branch. Bills A draft act of parliament is known as a bill. In other words, a bill is a proposed law that needs to be discussed in the parliament before it can become a law. In territories with a Westminster system, most bills that have any possibility of becoming law are introduced into parliament by the government. This will usually happen following the publication of a "white paper", setting out the issues and the way in which the proposed new law is intended to deal with them. A bill may also be introduced into parliament without formal government backing; this is known as a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Beswick V Beswick
was a landmark English contract law case on privity of contract and specific performance. The Lords, overruling the decision of Lord Denning in the Court of Appeal, ruled that a person who was not party to a contract had no independent standing to sue to enforce it, even if the contract was clearly intended for their benefit. Today the judicial precedent has been codified by statute in the United Kingdom, and Lord Denning's decision has largely been given effect by the Contracts (Rights of Third Parties) Act 1999. However the case remains good law in many other Commonwealth common law jurisdictions. Facts Lord Denning in the Court of Appeal started describing the facts of the case in the following way. The agreement was that Peter assign his business to his nephew in consideration of the nephew employing him for the rest of his life and then paying a weekly annuity to Mrs Beswick. Since the latter term was for the benefit of someone not party to the contract, the nephew did ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Enterprise Liability
Enterprise liability is a legal doctrine under which individual entities (for example, otherwise legally unrelated corporations or people) can be held jointly liable for some action on the basis of being part of a shared enterprise. Enterprise liability is a form of secondary liability. United States Suppose high-risk manufacturing activities are shunted into one corporation, while a second "marketing" corporation keeps all the profits. In the case that someone was injured by the manufacturing activity, a court might apply the enterprise liability doctrine to allow recovery from the marketing corporation, which holds all the assets. The doctrine emerged from litigation in the wake of the 1977 Beverly Hills Supper Club fire.Alexander, Roberta Sue (2005). ''A place of recourse: a history of the U.S. District Court for the Southern District of Ohio, 1803-2003.'' Ohio University Press, ''In Re: Beverly Hills Fire Litigation'', 695 F.2d 207 (6th Cir. 1982), cert, denied 461 US 929 (1983 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
