Pao On V Lau Yiu Long
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Pao On V Lau Yiu Long
''Pao On v. Lau Yiu Long'' 979UKPC 17is a contract law appeal case from the Supreme Court of Hong Kong">Court of Appeal of Hong Kong decided by the Judicial Committee of the Privy Council, concerning Consideration (law), consideration and duress in English law, duress. It is relevant for English contract law. Facts Fu Chip Investment Co. Ltd., a newly formed public company, majority owned by Lau Yiu Long and his younger brother Benjamin (the defendants), wished to buy a building called "Wing On", owned by Tsuen Wan Shing On Estate Co. Ltd. ("Shing On"), whose majority shareholder was Pao On and family (the claimants). Instead of simply selling the building for cash, Lau and Pao did a swap deal for the shares in their companies. Shing On would get 4.2m $1 shares in Fu Chip, and Fu Chip bought all the shares of Shing On. Fu Chip bought all the shares in Shing On, and Pao received as payment 4.2m shares in Fu Chip (worth $2.50 for each $1 share). To ensure the share price of Fu C ...
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Richard Wilberforce, Baron Wilberforce
Richard Orme Wilberforce, Baron Wilberforce, (11 March 1907 – 15 February 2003) was a British judge. He was a Lord of Appeal in Ordinary from 1964 to 1982. Early life and career Born in Jalandhar, India, Richard Wilberforce was the son of Samuel Wilberforce, ICS, later a judge of the Lahore High Court, and of Katherine Wilberforce, the daughter of John Sheepshanks, Bishop of Norwich. His grandfather was Reginald Wilberforce, who helped restore British order in Delhi, after the Indian Rebellion of 1857. His great-grandfather was Samuel Wilberforce, Bishop of Winchester, and his great-great-grandfather was the abolitionist William Wilberforce, a connection which had much influence upon him. Wilberforce spent the first seven years of his life in India, before being sent to England in 1914 on the outbreak of the First World War. He attended five preparatory schools, the last being Sandroyd School. From Sandroyd he went to Winchester College in 1920 where Monty Rendall, the he ...
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Consideration In English Law
Consideration is an English common law concept within the law of contract, and is a necessity for simple contracts (but not for special contracts by deed). The concept of consideration has been adopted by other common law jurisdictions, including the US. Consideration can be anything of value (such as any goods, money, services, or promises of any of these), which each party gives as a quid pro quo to support their side of the bargain. Mutual promises constitute consideration for each other. If only one party offers consideration, the agreement is a "bare promise" and is unenforceable. Value According to ''Currie v Misa'', consideration for a particular promise exists where some ''right'', ''interest'', ''profit'' or ''benefit'' accrues (''or will accrue'') to the promisor as a direct result of some ''forbearance'', ''detriment'', ''loss'' or ''responsibility'' that has been given, suffered or undertaken by the promisee. Forbearance to act amounts to consideration only if one is ...
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English Duress 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 * En ...
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English Consideration 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 * Englis ...
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English Enforceability 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 * Englis ...
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Law Quarterly Review
The ''Law Quarterly Review'' is a peer-reviewed academic journal covering common law throughout the world. It was established in 1885 and is published by Sweet & Maxwell. It is one of the leading law journals in the United Kingdom. History The ''LQR''s founding editor was Frederick Pollock, then Corpus Professor of Jurisprudence at the University of Oxford. Founded in 1885, it is one of the oldest law journals in the English-speaking world, after only the ''University of Pennsylvania Law Review'' and the ''South African Law Journal''. The editors' intention was that the journal would help to establish law as a worthy field of academic study. In this purpose it has "triumphed". In the first volume alone its contributors included, in addition to Pollock himself, Sir William Anson, Albert Venn Dicey, and Thomas Erskine Holland, each of whom had assisted in the founding of the journal, as well as Oliver Wendell Holmes, F. W. Maitland, T. E. Scrutton (later Lord Justice), Jame ...
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North Ocean Shipping Co
North is one of the four compass points or cardinal directions. It is the opposite of south and is perpendicular to east and west. ''North'' is a noun, adjective, or adverb indicating direction or geography. Etymology The word ''north'' is related to the Old High German ''nord'', both descending from the Proto-Indo-European unit *''ner-'', meaning "left; below" as north is to left when facing the rising sun. Similarly, the other cardinal directions are also related to the sun's position. The Latin word ''borealis'' comes from the Greek '' boreas'' "north wind, north", which, according to Ovid, was personified as the wind-god Boreas, the father of Calais and Zetes. ''Septentrionalis'' is from ''septentriones'', "the seven plow oxen", a name of ''Ursa Major''. The Greek ἀρκτικός (''arktikós'') is named for the same constellation, and is the source of the English word ''Arctic''. Other languages have other derivations. For example, in Lezgian, ''kefer'' can mean b ...
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Atlas Express Ltd
An atlas is a collection of maps; it is typically a bundle of maps of Earth or of a region of Earth. Atlases have traditionally been bound into book form, but today many atlases are in multimedia formats. In addition to presenting geographic features and political boundaries, many atlases often feature geopolitical, social, religious Religion is usually defined as a social system, social-cultural system of designated religious behaviour, behaviors and practices, morality, morals, beliefs, worldviews, religious text, texts, sacred site, sanctified places, prophecy, prophecie ... and economic statistics. They also have information about the map and places in it. Etymology The use of the word "atlas" in a geographical context dates from 1595 when the German-Flemish geographer Gerardus Mercator published ("Atlas or cosmographical meditations upon the creation of the universe and the universe as created"). This title provides Mercator's definition of the word as a descriptio ...
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Universe Tankships Inc Of Monrovia V International Transport Workers’ Federation
''Universe Tankships Inc. of Monrovia v. International Transport Workers’ Federation'' 9822 All ER 67 is an English contract law case relating to duress. Facts The International Transport Workers' Federation black listed a Universe Tankship Inc. ship in the context of a trade dispute. To secure the release of the ship, Universe Tankships Inc. paid $6,480 into ITWF’s welfare fund. ITWF admitted this was an agreement procured by duress, but it argued its actions were protected by immunity from tort in Trade Union and Labour Relations Act 1974 s 13. Judgment Lord Diplock said duress is not about not knowing what you are contracting for, but ‘his apparent consent was induced by pressure exercised on him by that other party which the law does not regard as legitimate, with the consequence that the consent is treated in law as revocable unless approbated either expressly or by implication after the illegitimate pressure has ceased to operate on his mind.’ It was not appropriate ...
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Iniquitous Pressure In English Law
Unconscionability in English law is a field of contract law and the law of trusts, which precludes the enforcement of voluntary (or consensual) obligations unfairly exploiting the unequal power of the consenting parties. "Inequality of bargaining power" is another term used to express essentially the same idea for the same area of law, which can in turn be further broken down into cases on duress, undue influence and exploitation of weakness. In these cases, where someone's consent to a bargain was only procured through duress, out of undue influence or under severe external pressure that another person exploited, courts have felt it was unconscionable (i.e., contrary to good conscience) to enforce agreements. Any transfers of goods or money may be claimed back in restitution on the basis of unjust enrichment subject to certain defences. Considerable controversy is still present over whether "iniquitous pressure" must actually be exercised by a defendant in order for a voluntary ob ...
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Maskell V Horner
Maskell or Maskel may refer to: People * Richard Maskel (born 1954), American curler * Arthur Maskell (1894–1970), Australian rules footballer * Bob Maskell, Canadian teacher and politician * Craig Maskell (born 1968), English football player * Dan Maskell (1908-1992), English tennis player * Duncan Maskell (born 1961), British biochemist and academic * Edna Maskell (born 1928), Northern Rhodesian athlete * Harold Maskell (1911–1972), Australian rules footballer * Joseph Maskell (1939–2001), American Catholic priest * Les Maskell (1917-1988), Australian rules footballer * Michael Maskell (born 1966), Barbadian olympian * Michael Maskell (footballer) (born 1952), English football player * Neil Maskell (born 1976), English actor * Rachael Maskell (born 1972), British MP * Rosalind Maskell (1928–2016), English microbiologist * Virginia Maskell (1936–1968), English actress * William Miles Maskell (1839–1898), New Zealand farmer Places *Maskell, Nebraska Maskell is a villa ...
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Jocelyn Simon, Baron Simon Of Glaisdale
Jocelyn Edward Salis Simon, Baron Simon of Glaisdale, (15 January 19117 May 2006) was a Law Lord in the United Kingdom, having been, by turns, a barrister, a commissioned officer in the British Army, a barrister again, a Conservative Party politician, a government minister, and a judge. He held three ministerial positions in the government of Harold Macmillan, during his 11-year tenure as a member of the House of Commons. He also served as President of the Probate, Divorce and Admiralty Division (now the Family Division) of High Court for nine years, and was a Law Lord for 6 years before his retirement in 1977. Simon's appointment, as of 2015, marks the last appointment of a former member of the House of Commons as a Lord of Appeal in Ordinary (although Reginald Manningham-Buller, 1st Viscount Dilhorne, appointed before Simon but retiring after Simon, was the last serving law lord to have previously served in the Commons.) As noted by '' The Independent'' in his obitu ...
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