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Parker V. South Eastern Railway Company
''Parker v South Eastern Railway'' 8772 CPD 416 is a famous English contract law case on exclusion clauses where the court held that an individual cannot escape a contractual term by failing to read the contract but that a party wanting to rely on an exclusion clause must take reasonable steps to bring it to the attention of the customer. Facts Mr Parker left a bag in the cloakroom of Charing Cross railway station, run by the South Eastern Railway Company. On depositing his bag and paying two pence he received a ticket. On the front it said "see back". On its back, it stated that the railway was excluded from liability for items worth £10 or more. Mr Parker failed to read the clause as he thought the ticket was only a receipt of payment. However, he admitted that he knew the ticket contained writing. Mr Parker's bag, which was worth more than £10, was lost. He sued the company. The question of law put to the court was whether the clause applied to Mr Parker. At trial the jury ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of England And Wales
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lord Chief Justice and the Master of the Rolls and Records of the Chancery of England respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court, High Court of Justice and Family Court. Permission to appeal is normally required from either the lower court or the Court of Appeal itself; and with permission, further appeal may lie to the Supreme Court. The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chapelton V Barry UDC
''Chapelton v Barry Urban District Council'' 9401 KB 532, the "deckchair case",England and Wales Court of AppealThornton v Shoe Lane Parking Ltd 970EWCA Civ 2, 18 December 1970, accessed 5 November 2020 is an English contract law case on offer and acceptance and exclusion clauses. It stands for the proposition that a display of goods can be an offer and a whole offer, rather than an invitation to treat, and serves as an example for how onerous exclusion clauses can be deemed to not be incorporated in a contract. Facts David Chapelton went to a beach with his friend, Miss Andrews, at Cold Knap, a district of Barry in south Wales. There was a pile of deckchair A deckchair (or deck chair) is a folding chair, usually with a frame of treated wood or other material. The term now usually denotes a portable folding chair, with a single strip of Textile, fabric or Polyvinyl chloride, vinyl forming the back ...s. A notice next to them said, It also said tickets should be obtained ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1877 In British Law
Events January–March * January 1 – Queen Victoria is proclaimed ''Empress of India'' by the ''Royal Titles Act 1876'', introduced by Benjamin Disraeli, the Prime Minister of the United Kingdom . * January 8 – Great Sioux War of 1876 – Battle of Wolf Mountain: Crazy Horse and his warriors fight their last battle with the United States Cavalry in Montana. * January 20 – The Conference of Constantinople ends, with Ottoman Turkey rejecting proposals of internal reform and Balkan provisions. * January 29 – The Satsuma Rebellion, a revolt of disaffected samurai in Japan, breaks out against the new imperial government; it lasts until September, when it is crushed by a professionally led army of draftees. * February 17 – Major General Charles George Gordon of the British Army is appointed Governor-General of the Sudan. * March – ''The Nineteenth Century'' magazine is founded in London. * March 2 – Compromise of 1877: T ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Lindley 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Incorporation 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Baron Bramwell Cases
Baron is a rank of nobility or title of honour, often hereditary, in various European countries, either current or historical. The female equivalent is baroness. Typically, the title denotes an aristocrat who ranks higher than a lord or knight, but lower than a viscount or count. Often, barons hold their fief – their lands and income – directly from the monarch. Barons are less often the vassals of other nobles. In many kingdoms, they were entitled to wear a smaller form of a crown called a ''coronet''. The term originates from the Latin term , via Old French. The use of the title ''baron'' came to England via the Norman Conquest of 1066, then the Normans brought the title to Scotland and Italy. It later spread to Scandinavia and Slavic lands. Etymology The word ''baron'' comes from the Old French , from a Late Latin "man; servant, soldier, mercenary" (so used in Salic law; Alemannic law has in the same sense). The scholar Isidore of Seville in the 7th century thoug ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1877 In Case Law
Events January–March * January 1 – Queen Victoria is proclaimed ''Empress of India'' by the '' Royal Titles Act 1876'', introduced by Benjamin Disraeli, the Prime Minister of the United Kingdom . * January 8 – Great Sioux War of 1876 – Battle of Wolf Mountain: Crazy Horse and his warriors fight their last battle with the United States Cavalry in Montana. * January 20 – The Conference of Constantinople ends, with Ottoman Turkey rejecting proposals of internal reform and Balkan provisions. * January 29 – The Satsuma Rebellion, a revolt of disaffected samurai in Japan, breaks out against the new imperial government; it lasts until September, when it is crushed by a professionally led army of draftees. * February 17 – Major General Charles George Gordon of the British Army is appointed Governor-General of the Sudan. * March – '' The Nineteenth Century'' magazine is founded in London. * March 2 – Compromise of 1877: The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
George Mitchell V Finney Lock Seeds Ltd
''George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd'' 982EWCA Civ 5and [19832 AC 803 is a case concerning the sale of goods and exclusion clauses. It was decided under the Unfair Contract Terms Act 1977 and the Sale of Goods Act 1979. Facts Finney Lock Seeds Ltd agreed to supply George Mitchell (Chesterhall) Ltd with 30 lb of Dutch winter cabbage seed for £201.60. An invoice sent with the delivery was considered part of the contract and limited liability to replacing 'any seeds or plants sold' if defective (clause 1) and excluding all liability for loss or damage or consequential loss or damage from use of the seed (clause 2). of crops failed, and £61,513 was claimed for loss of production. The two main issues in the case were whether the limitation clause should be interpreted to cover the seeds actually sold, given that the seeds were wholly defective and so did not do a seed's job at all and whether, under the Unfair Contract Terms Act 1977, s 2(2) the limitation ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Thornton V Shoe Lane Parking Ltd
is a leading English contract law case. It gives a good example of the rule that a clause cannot be incorporated after a contract has been concluded, without reasonable notice before. Also, it was held that an automatic ticket machine was an offer, rather than an invitation to treat. Although the case is important for these two propositions, today any exclusion of negligence liability for personal injury by businesses is prohibited by the Unfair Contract Terms Act 1977 The Unfair Contract Terms Act 1977c 50 is an Act of Parliament of the United Kingdom which regulates contracts by restricting the operation and legality of some contract terms. It extends to nearly all forms of contract and one of its most im ... s 2(1) and the Unfair Terms in Consumer Contracts Regulations 1999 Sch 2, para(a). Facts Francis Thornton, "a free lance trumpeter of the highest quality", drove to the entrance of the multi-storey car park on Shoe Lane, before attending a performance at Farringdon ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Olley V Marlborough Court Hotel
''Olley v Marlborough Court Hotel'[1949] 1 KB 532is an English contract law case on exclusion clauses in contract law. The case stood for the proposition that a representation made by one party cannot become a term of a contract if made after the agreement was made. The representation can only be binding where it was made at the time the contract was formed. Facts Mrs Olley was a long-staying resident of the Marlborough Court Hotel, Lancaster Gate, London. As usual she left her room key on a rack behind the reception one day, but when she came back it was gone. Inside her room, her fur coat had been stolen. A witness called Colonel Crerer, who was sitting in the lounge, saw a person go in and come out again with a parcel fifteen minutes later. The porter had apparently been cleaning a bust of the Duke of Marlborough and failed to notice. Mrs Olley asked to be repaid for the cost of the coat. The hotel pointed to an exclusion clause on a notice behind a door in the bedr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Henderson V Stevenson
Henderson may refer to: People *Henderson (surname), description of the surname, and a list of people with the surname *Clan Henderson, a Scottish clan Places Argentina *Henderson, Buenos Aires Australia *Henderson, Western Australia Canada *Henderson Settlement, New Brunswick New Zealand *Henderson, New Zealand *Henderson (New Zealand electorate), former parliamentary electorate United States *Henderson, Colorado *Henderson, Georgia * Henderson, Houston County, Georgia * Henderson, Illinois * Henderson, Indiana * Henderson, Iowa *Henderson, Kentucky *Henderson, Louisiana * Henderson, Maryland * Henderson, Michigan *Henderson, Minnesota * Henderson, Missouri * Henderson, Nebraska * Henderson, Nevada *Henderson, New York, a town **Henderson (CDP), New York, a hamlet in the town *Henderson, North Carolina *Henderson, Tennessee * Henderson, Texas *Henderson, West Virginia *Henderson County (other) *Henderson Township (other) Geographic features * Henderson (crat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mellish LJ
Sir George Mellish, Privy Council of the United Kingdom, PC (19 December 1814 – 15 June 1877) was an English barrister, judge of the Court of Appeal in Chancery, and member of the Judicial Committee of the Privy Council. Early life Born at East Tuddenham, Norfolk, Mellish was the second son of the Very Rev. Edward Mellish, DD, Rector of the parish, who afterwards became Dean of Hereford, by his marriage to Elizabeth Jane Leigh, the daughter of the Rev. William Leigh, an earlier Dean of Hereford. His mother was a cousin of George Canning, who stood as godfather to Mellish.''The Annual Register of World Events: A Review of the Year 1877'', Volume 119, Part II (London: Rivingtons, 1878), p. 150 His paternal grandfather was William Mellish, of Blyth Hall and Hodsock Priory, Nottinghamshire. [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
