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Redgrave V Hurd
''Redgrave v Hurd'' (1881) 20 Ch D 1 is an English contract law case, concerning Misrepresentation in English law, misrepresentation. It holds that a contract can be rescinded for innocent misrepresentation, even where the representee also had the chance to verify the false statement. Facts Mr Redgrave, an elderly solicitor, advertised for a partner to join the business and buy the accompanying house. He said in an interview with Mr Hurd that the practice brought in £300 pa, when it was only £200 pa. Mr Redgrave showed him summaries that came to a £200 pa average income and said that the rest of the £300 figure was borne out by other papers in the office that he could check (in fact they showed no business). Mr Hurd did not inspect the papers, until he realised the truth just before completion of the agreement. He had signed the contract but he refused to go through. Mr Redgrave sued for specific performance and Mr Hurd counterclaimed for rescission based on fraudulent misrepr ...
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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 Courts of England and Wales#Senior Courts of England and Wales, 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 of England and Wales, Lord Chief Justice and the Master of the Rolls, 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 (England and Wales), County Court, High Court of Justice and Family Court (England and Wales ...
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George Jessel (jurist)
Sir George Jessel, (13 February 1824 – 21 March 1883) was a British judge. He was one of the most influential commercial law and equity judges of his time, and served as the Master of the Rolls. He was the first Jew to be a regular member of the Privy Council and to hold high judicial office. Early life and education Born in Savile Row, London, Jessel was the son of Zadok Aaron Jessel, a Jewish merchant, and his wife Mary, ''née'' Harris. He was educated at Mr Neumegen's School for Jews at Kew, and being prevented by religious disabilities from proceeding to the University of Oxford or Cambridge, went to University College London, matriculating in 1840. He entered Lincoln's Inn as a student in 1842, and a year later took his BA at the University of London, becoming MA and gold medallist in mathematics and natural philosophy in 1844. In 1846 he was elected a fellow of University College, London. He entered Lincoln's Inn in 1842 as a student and was called to the bar in 1 ...
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Baggallay LJ
Sir Richard Baggallay PC (1816 – 1888) was a British barrister, politician, and judge. After serving as Attorney-General under Benjamin Disraeli from 1874 to 1875, Baggallay was appointed a Lord Justice of Appeal in Chancery (Lord Justice of Appeal from 1877), serving until his death in 1883. Background and education Baggallay was one of the sons of Richard Baggallay, of Stockwell, a member of the Merchant Taylors' Company and a significant warehouseman of the City of London (d.1870, will sworn at under £30,000). He attended Gonville and Caius College, Cambridge where he graduated with a BA in 1839 followed by an MA in 1842. He was called to the Bar, Lincoln's Inn, in 1843. Political and legal career Bagallay sat as a Conservative Party Member of Parliament (MP) for Hereford from 1865 to 1868. He was knighted on 14 December 1868 after losing his seat, but was re-elected in 1870 as MP for Mid Surrey, holding the seat until 1875. He served briefly as Solicitor-General unde ...
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Lush LJ
Lush may refer to: People Music * Lush (band), a British rock band * ''Lush'' (Mitski album), a 2012 album by Mitski * ''Lush'' (Snail Mail album), a 2018 album by Snail Mail * "Lush", a single by Skepta featuring Jay Sean * ''Lush 3'', a single by Orbital Other * Lush., the standard author abbreviation used to indicate Alfred Wyndham Lushington as the author when citing a botanical name * ''Lush'' (novel), a 2006 novel by Natasha Friend * ''Lush'' (film), a 1999 film starring Campbell Scott * Lush (company), a cosmetics company * Lush Radio, the student radio station of the University of Leicester * A person who drinks alcohol to excess habitually, see Drunkenness or Alcoholism * Lush 99.5FM, a Singaporean radio station See also * Lush Life (other) Lush Life may refer to: Film and television * ''Lush Life'', a 1993 TV movie starring Jeff Goldblum * ''Lush Life'' (TV series), a 1996 American sitcom * "Lush Life", an episode of the sitcom ''The King of Que ...
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Misrepresentation
In common law jurisdictions, a misrepresentation is a false or misleading '' R v Kylsant'' 931/ref> statement of fact made during negotiations by one party to another, the statement then inducing that other party to enter into a contract. The misled party may normally rescind the contract, and sometimes may be awarded damages as well (or instead of rescission). The law of misrepresentation is an amalgam of contract and tort; and its sources are common law, equity and statute. In England and Wales, the common law was amended by the Misrepresentation Act 1967. The general principle of misrepresentation has been adopted by the United States and other former British colonies, e.g. India. Representation and contract terms A "representation" is a pre-contractual statement made during negotiations. If a representation has been incorporated into the contract as a term, then the normal remedies for breach of contract apply. Factors that determine whether or not a representation has beco ...
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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 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 ...
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Misrepresentation In English Law
In common law jurisdictions, a misrepresentation is a false or misleading '' R v Kylsant'' 931/ref> statement of fact made during negotiations by one party to another, the statement then inducing that other party to enter into a contract. The misled party may normally rescind the contract, and sometimes may be awarded damages as well (or instead of rescission). The law of misrepresentation is an amalgam of contract and tort; and its sources are common law, equity and statute. In England and Wales, the common law was amended by the Misrepresentation Act 1967. The general principle of misrepresentation has been adopted by the United States and other former British colonies, e.g. India. Representation and contract terms A "representation" is a pre-contractual statement made during negotiations. If a representation has been incorporated into the contract as a term, then the normal remedies for breach of contract apply. Factors that determine whether or not a representation has beco ...
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Specific Performance
Specific performance is an equitable remedy in the law of contract, whereby a court issues an order requiring a party to perform a specific act, such as to complete performance of the contract. It is typically available in the sale of land law, but otherwise is not generally available if damages are an appropriate alternative. Specific performance is almost never available for contracts of personal service, although performance may also be ensured through the threat of proceedings for contempt of court. Specific performance is commonly used in the form of injunctive relief concerning confidential information or real property. While specific performance can be in the form of any type of forced action, it is usually to complete a previously established transaction, thus being the most effective remedy in protecting the expectation interest of the innocent party to a contract. It is usually the opposite of a prohibitory injunction, but there are mandatory injunctions that have a ...
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Edward Fry
Sir Edward Fry, (4 November 1827 – 19 October 1918) was an English Lord Justice of Appeal (1883–1892) and an arbitrator on the Permanent Court of Arbitration. Biography Joseph Fry (1795-1879) and Mary Ann Swaine were his parents. He was a Quaker from a prominent Bristol family which founded and owned the chocolate firm J. S. Fry & Sons. His grandfather was Joseph Storrs Fry (1767–1835) and his brothers included a second Joseph Storrs Fry (1826-1913) who ran the firm and Lewis Fry (1832-1921) who was a politician. He was called to the bar in 1854, took silk in 1869 and became a judge in Chancery in 1877, receiving the customary knighthood. He was raised to the Court of Appeal in 1883, and was sworn of the Privy Council. He retired in 1892. Retirement from the court did not mean retirement from legal work. He sat on some cases in the Judicial Committee of the Privy Council. In 1897 he accepted an offer to preside over the royal commission on the Irish Land Acts. ...
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English Misrepresentation 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 * Engli ...
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Court Of Appeal (England And Wales) Cases
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordinar ...
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1881 In Case Law
Events January–March * January 1– 24 – Siege of Geok Tepe: Russian troops under General Mikhail Skobelev defeat the Turkomans. * January 13 – War of the Pacific – Battle of San Juan and Chorrillos: The Chilean army defeats Peruvian forces. * January 15 – War of the Pacific – Battle of Miraflores: The Chileans take Lima, capital of Peru, after defeating its second line of defense in Miraflores. * January 24 – William Edward Forster, chief secretary for Ireland, introduces his Coercion Bill, which temporarily suspends habeas corpus so that those people suspected of committing an offence can be detained without trial; it goes through a long debate before it is accepted February 2. * January 25 – Thomas Edison and Alexander Graham Bell form the Oriental Telephone Company. * February 13 – The first issue of the feminist newspaper ''La Citoyenne'' is published by Hubertine Auclert. * February 16 – The Can ...
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