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Raffles V Wichelhaus
''Raffles v Wichelhaus'' [1864EWHC Exch J19 often called "The ''Peerless''" case, is a leading case on mutual mistake in English contract law. The case established that where there is latent ambiguity as to an essential element of the contract, the Court will attempt to find a reasonable interpretation from the context of the agreement before it will void it. The case's fame is bolstered by the ironic coincidence contained within: each party had in mind a particular ship, with no knowledge of the other's existence, yet each ship was named ''Peerless''. Facts *Raffles is the cotton supplier. *Wichelhaus is the cotton purchaser. *There is a steep drop in prices between October and December. *Wichelhaus does not want the December cotton delivery because of the drop in cotton prices. The claimant (Raffles) entered into a contract to sell 125 bales of Surat cotton at fair market price to the defendant (Wichelhaus) at the rate of d. per pound. The contract specified that the cotto ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gateway Of India
The Gateway of India is an arch-monument built in the early 20th century in the city of Mumbai (Bombay), India. It was erected to commemorate the landing of King-Emperor George V, the first British monarch to visit India, in December 1911 at Strand Road near Wellington Fountain. The foundation stone was laid in March 1913 for a monument built in the Indo-Islamic style, inspiring by elements of 16th-century Gujarati architecture. The final design of the monument by architect George Wittet was sanctioned only in 1914, and construction was completed in 1924. The structure is a memorial arch made of basalt, which is high, with an architectural resemblance to a triumphial arch as well as Gujarati architecture of the time. After its construction the Gateway was used as a symbolic ceremonial entrance to India for important colonial personnel. The Gateway is also the monument from where the last British troops left India in 1948, following Indian independence. It is located o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Consensus Ad Idem
Meeting of the minds (also referred to as mutual agreement, mutual assent or ''consensus ad idem'') is a phrase in contract law used to describe the intentions of the parties forming the contract. In particular, it refers to the situation where there is a common understanding in the formation of the contract. Formation of a contract is initiated with a proposal or offer. This condition or element is considered a requirement to the formation of a contract in some jurisdictions. History Richard Austen-Baker has suggested that the perpetuation of the idea of "meeting of minds" may come from a misunderstanding of the Latin term ''consensus ad idem'', which actually means "agreement to the amething". There must be evidence that the parties had each, from an objective perspective, engaged in conduct manifesting their assent, and a contract will be formed when the parties have met such a requirement. Concept in academic work German jurist, Friedrich Carl von Savigny is usually cred ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1864 In Case Law
Events January–March * January 13 – American songwriter Stephen Foster ("Oh! Susanna", "Old Folks at Home") dies aged 37 in New York City, leaving a scrap of paper reading "Dear friends and gentle hearts". His parlor song " Beautiful Dreamer" is published in March. * January 16 – Denmark rejects an Austrian-Prussian ultimatum to repeal the Danish Constitution, which says that Schleswig-Holstein is part of Denmark. * January 21 – New Zealand Wars: The Tauranga campaign begins. * February – John Wisden publishes '' The Cricketer's Almanack for the year 1864'' in England; it will go on to become the major annual cricket reference publication. * February 1 – Danish-Prussian War (Second Schleswig War): 57,000 Austrian and Prussian troops cross the Eider River into Denmark. * February 15 – Heineken brewery founded in Netherlands. * February 17 – American Civil War: The tiny Confederate hand-propelled submarine ''H. L. Hu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Contract 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Interpreting Contracts In English Law
Interpreting is a translational activity in which one produces a first and final target-language output on the basis of a one-time exposure to an expression in a source language. The most common two modes of interpreting are simultaneous interpreting, which is done at the time of the exposure to the source language, and consecutive interpreting, which is done at breaks to this exposure. Interpreting is an ancient human activity which predates the invention of writing. However, the origins of the profession of interpreting date back to less than a century ago. History Historiography Research into the various aspects of the history of interpreting is quite new. For as long as most scholarly interest was given to professional conference interpreting, very little academic work was done on the practice of interpreting in history, and until the 1990s, only a few dozen publications were done on it. Considering the amount of interpreting activities that is assumed to have occurr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mistake In English Contract Law
Mistake(s) may refer to: * An error Law * Mistake (contract law), an erroneous belief, at contracting, that certain facts are true ** Mistake in English contract law, a specific type of mistake, pertaining to England * Mistake (criminal law), or ''mistake of fact'', a defense to criminal charges on the grounds of ignorance of a fact * Mistake of law, a defense to criminal charges on the grounds of ignorance of law * Error (law) Places * Mistake Bay, a bay in Canada * Mistake Crag, a crag in Antarctica * Mistake Creek, Queensland, an Australian locality * Mistake Peak, a mountain in Antarctica * Mistake Peak (Arizona), a mountain in the U.S. state of Arizona * Mistake River, a river in New Zealand Music * Mistake (album), ''Mistake'' (album), a 2002 album by D+ * Mistake (Moby song), "Mistake" (Moby song), 2009 * Mistake (Stephanie McIntosh song), "Mistake" (Stephanie McIntosh song), 2006 * Mistake (Mike Oldfield song), "Mistake" (Mike Oldfield song), 1982 * Mistakes (Brian McF ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
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] |
Demurrer
A demurrer is a pleading in a lawsuit that objects to or challenges a pleading filed by an opposing party. The word ''demur'' means "to object"; a ''demurrer'' is the document that makes the objection. Lawyers informally define a demurrer as a defendant saying "So what?" to the pleading. Typically, the defendant in a case will demur to the complaint, but it is also possible for the plaintiff to demur to an answer. The demurrer challenges the legal sufficiency of a cause of action in a complaint or of an affirmative defense in an answer. If a cause of action in a complaint does not state a cognizable claim or if it does not state all the required elements, then the challenged cause of action or possibly the entire complaint can be thrown out (informally speaking) at the demurrer stage as not legally sufficient. A demurrer is typically filed near the beginning of a case in response to the plaintiff filing a complaint or the defendant answering the complaint. In common law, a demu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parol Evidence Rule
The parol evidence rule is a rule in the Anglo-American common law that governs what kinds of evidence parties to a contract dispute can introduce when trying to determine the specific terms of a contract. The rule also prevents parties who have reduced their agreement to a final written document from later introducing other evidence, such as the content of oral discussions from earlier in the negotiation process, as evidence of a different intent as to the terms of the contract. The rule provides that "extrinsic evidence is inadmissible to vary a written contract". The term "parol" derives from the Anglo-Norman French ''parol'' or ''parole'', meaning "word of mouth" or "verbal", and in medieval times referred to oral pleadings in a court case. The rule's origins lie in English contract law, but has been adopted in other common law jurisdictions; however there are now some differences between application of the rule in different jurisdictions. For instance, in the US, a common ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Charles Edward Pollock
Sir Charles Edward Pollock, SL (31 October 1823 – 21 November 1897) was an English judge, one of the last Barons of the Court of the Exchequer and serjeants-at-law. Life He was the fourth son of Sir Jonathan Frederick Pollock, by his first wife, Frances, daughter of Francis Rivers. He was born on 31 October 1823. He was educated at St. Paul's School from 1833 to 1841, and, dispensing with a university course, served a long and varied apprenticeship to the law as private secretary and (from 1846) marshal to his father, and also as pupil to James Shaw Willes. On 18 January 1842, he was admitted student at the Inner Temple, where he was called to the bar on 29 January 1847, and elected bencher on 16 November 1866. For some years after his call Pollock went the home circuit without success. Meanwhile, however, he made himself known as a reporter in the court of exchequer, then unusually efficient, Sir Edward Hall Alderson, and Sir James Parke, Baron Wensleydale, and as ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
British People
British people or Britons, also known colloquially as Brits, are the citizens of the United Kingdom of Great Britain and Northern Ireland, the British Overseas Territories, and the Crown dependencies.: British nationality law governs modern British citizenship and nationality, which can be acquired, for instance, by descent from British nationals. When used in a historical context, "British" or "Britons" can refer to the Ancient Britons, the indigenous inhabitants of Great Britain and Brittany, whose surviving members are the modern Welsh people, Cornish people, and Bretons. It also refers to citizens of the former British Empire, who settled in the country prior to 1973, and hold neither UK citizenship nor nationality. Though early assertions of being British date from the Late Middle Ages, the Union of the Crowns in 1603 and the creation of the Kingdom of Great Britain in 1707 triggered a sense of British national identity.. The notion of Britishness and a shared Brit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bombay
Mumbai (, ; also known as Bombay — the official name until 1995) is the capital city of the Indian state of Maharashtra and the ''de facto'' financial centre of India. According to the United Nations, as of 2018, Mumbai is the second-most populous city in India after Delhi and the eighth-most populous city in the world with a population of roughly 20 million (2 crore). As per the Indian government population census of 2011, Mumbai was the most populous city in India with an estimated city proper population of 12.5 million (1.25 crore) living under the Brihanmumbai Municipal Corporation. Mumbai is the centre of the Mumbai Metropolitan Region, the sixth most populous metropolitan area in the world with a population of over 23 million (2.3 crore). Mumbai lies on the Konkan coast on the west coast of India and has a deep natural harbour. In 2008, Mumbai was named an alpha world city. It has the highest number of millionaires and billionaires among all cities i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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