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Rainy Sky SA V Kookmin Bank
''Rainy Sky SA and others v Kookmin Bank'' is an English contract law case concerning interpretation of contracts. The Supreme Court confirmed the principle laid down in '' Wickman v Schuler'' that, if the words of a contract have ambiguous meanings, the court will interpret it in a manner that most accords with "business common sense". There is no requirement for a party to prove that the alternative interpretation is entirely unreasonable. Facts Rainy Sky was one of five ship-owning firms that ordered vessels from Jinse Shipbuilding Co, a South Korean shipbuilder, at a cost of US$33,300,000 per ship. The payment was to be made in five equal installments. The contract between Rainy Sky and Jinse permitted Rainy Sky to rescind the contract if various events occurred (such as late delivery or inadequate performance of the vessel, or loss of the vessel before delivery). It also obliged Jinse to refund the payments if it became insolvent, although, in this case, the contract ... [...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] |
Chartbrook V Persimmon
is an English contract law case concerning Interpretation of contracts in English law, interpretation of contracts. It creates a so-called "red ink" rule, that there is no limit to verbal rearrangement that the court may deploy to give a commercial sensible meaning when construing a contract in its bargaining context. It also, importantly, reaffirmed the rule of English law, that pre-contractual negotiations were ordinarily inadmissible when construing a contract. Facts Persimmon plc, Persimmon agreed to get planning permission, build some residences on Chartbrook’s land at 1 to 9 Hardwicks Way, Wandsworth, and then sell the properties. Chartbrook would pay for it, subject to a balancing payment or ‘additional residential payment’ (ARP) defined as ‘23.4% of the price achieved for each residential unit in excess of the minimum guaranteed residential unit value less the costs and incentives.’ This would be paid by Persimmon to Chartbrook. Chartbrook calculated this to mea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Interpretation 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] |
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] |
Expert Evidence
An expert witness, particularly in common law countries such as the United Kingdom, Australia, and the United States, is a person whose opinion by virtue of education, training, certification, skills or experience, is accepted by the judge as an expert. The judge may consider the witness's specialized (scientific, technical or other) opinion about evidence or about facts before the court within the expert's area of expertise, to be referred to as an "expert opinion". Expert witnesses may also deliver "expert evidence" within the area of their expertise. Their testimony may be rebutted by testimony from other experts or by other evidence or facts. History The forensic expert practice is an ancient profession. For example, in ancient Babylonia, midwives were used as experts in determining pregnancy, virginity and female fertility. Similarly, the Roman Empire recognized midwives, handwriting experts and land surveyors as legal experts. The codified use of expert witnesses ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
McCarthy Tétrault
McCarthy Tétrault LLP is a leading Canadian law firm that delivers integrated business law, litigation services, tax law, real property law, labour and employment law nationally and globally through offices in Vancouver, Calgary, Toronto, Montréal, Québec City, London (UK), as well as New York City. McCarthy Tétrault LLP is a Seven Sisters (law firms). Among the Seven Sisters, the reigning top players are McCarthy Tetrault LLP, Stikeman Elliott LLP, Osler Hoskin & Harcourt LLP and Blake Cassels & Graydon LLP. McCarthy Tétrault is the only law firm listed in the Report on Business Top 25 Best B2B Brands by ''The Globe and Mail'' in 2021, and it has the second strongest law firm brand in Canada according to ''Thomson Reuters’'' Regional Law Firm Brand Indexes 2021. The firm represents Canadian and international clients, including major public institutions, financial services organizations, mining companies, manufacturers, pharmaceutical companies and other corporations. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Olswang
Olswang was an international law firm headquartered in London, United Kingdom and with additional offices in Reading, Brussels, Madrid, Paris, Singapore and, since 2011, Munich. It worked closely with a network of firms across eighty countries. ''The Lawyer'' ranked the firm 22nd largest in the UK by worldwide turnover in 2010. That year, the firm had over 600 staff, including 97 partners. David Stewart was the firm's chief executive. On 1 May 2017, Olswang merged with CMS Cameron McKenna and Nabarro to form CMS Nabarro Olswang LLP. The firm's main practice areas included media, technology, telecommunications, real estate, corporate, intellectual property, commercial litigation and arbitration, finance, leisure, tax, EU and competition, and employment. History Olswang was founded in 1981 by Simon Olswang and Mark Devereux, who was the firm's senior partner. as a breakaway from property law firm Brecher & Co. Its early reputation was primarily based on film and media work. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Andrew Longmore
Sir Andrew Centlivres Longmore (born 25 August 1944), styled The Rt Hon. Lord Justice Longmore, is a British lawyer and judge. Educated at Winchester College and Lincoln College, Oxford, he was called to the Bar at the Middle Temple in 1966 and was appointed a QC in 1983. A Judge of the High Court from 1993, he rose to the rank of Lord Justice of Appeal in 2001. Judgments Key judgments of Lord Justice Longmore include: * ''Lomas v JFB Firth Rixson Inc'' 012EWCA 419Described as a "comprehensive judgment hichmasterfully resolved a number of conflicting strands of jurisprudence". *'' Collier v P & MJ Wright (Holdings) Ltd'' 007EWCA Civ 1329, 0081 WLR 643 - English contract law concerning the doctrine of consideration and promissory estoppel A promise is a commitment by someone to do or not do something. As a noun ''promise'' means a declaration assuring that one will or will not do something. As a verb it means to commit oneself by a promise to do or give. It can also mean ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Barclays Bank Plc V HHY Luxembourg SARL
Barclays () is a British multinational universal bank, headquartered in London, England. Barclays operates as two divisions, Barclays UK and Barclays International, supported by a service company, Barclays Execution Services. Barclays traces its origins to the goldsmith banking business established in the City of London in 1690. James Barclay became a partner in the business in 1736. In 1896, twelve banks in London and the English provinces, including Goslings Bank, Backhouse's Bank and Gurney's Bank, Gurney, Peckover and Company, united as a joint-stock company, joint-stock bank under the name Barclays and Co. Over the following decades, Barclays expanded to become a nationwide bank. In 1967, Barclays deployed the world's first Automated teller machine, cash dispenser. Barclays has made numerous corporate acquisitions, including of London, Provincial and South Western Bank in 1918, British Linen Bank in 1919, Mercantile Credit in 1975, the Woolwich in 2000 and the North Americ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Estates Gazette Law Reports
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information. A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." Where cases are published on paper, the citation usually contains the following information: * Court that issued the decision * Report title * Volume number * Page, section, or paragraph number * Publication year In some report series, for example in England, Australia and some in Canada, volumes are not numbered independently of the year: thus the year and volume number (usually no greater than 4) are required to identify which book of the series has the case report ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Co-operative Wholesale Society Ltd V National Westminster Bank Plc
A cooperative (also known as co-operative, co-op, or coop) is "an autonomous association of persons united voluntarily to meet their common economic, social and cultural needs and aspirations through a jointly owned and democratically-controlled enterprise".Statement on the Cooperative Identity. ''.'' Cooperatives are democratically controlled by their members, with each member having one vote in electing the board of directors. Cooperatives may include: * es owned and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Anthony Clarke, Baron Clarke Of Stone-cum-Ebony
Anthony Peter Clarke, Baron Clarke of Stone-cum-Ebony, (born 13 May 1943) is a British lawyer. He was one of the first 11 Supreme Court of the United Kingdom Justices and was the first High Court judge to be appointed directly to that court when it came into existence on 1 October 2009 without previously having sat as a Lord of Appeal in Ordinary. He was appointed to the Court of Final Appeal of Hong Kong on 11 April 2011 as a non-permanent judge. He was previously Master of the Rolls and Head of Civil Justice in England and Wales. He retired from the Supreme Court in September 2017. Early life and education Clarke was born to Harry and Isobel Clarke. He was educated at Oakham School. In 1957 the trial of suspected serial killer John Bodkin Adams first made him interested in pursuing a career in the law. He read Economics and Law at King's College, Cambridge. Career He was called to the Bar at Middle Temple in 1965. He developed a commercial and maritime law practice. He ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
