|
Royscot Trust Ltd V Rogerson
is an English contract law case on misrepresentation. It examines the Misrepresentation Act 1967 and addresses the extent of damages available under s 2(1) for negligent misrepresentation. The court controversially decided that under the Act, the appropriate measure of damages was the same as that for common law fraud, or damages for all losses flowing from a misrepresentation, even if unforeseeable. The reasoning of the decision has been much criticised by academic lawyers such as Treitel and Hooley, partly for its overly literal interpretation of the statute, and for its dubious finding of fact that a deliberately false document was made negligently, rather than fraudulently. Facts Rogerson acquired on hire purchase a used Honda Prelude from a car dealer, Maidenhead Honda Centre Ltd. The car was priced at £7600, Rogerson paying a £1200 deposit, some 15.8% of the total. The balance came from a finance company, Royscot Trust Ltd. On Rogerson's behalf, the dealer filled in t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ralph Gibson (judge)
Sir Ralph Brian Gibson (17 October 1922 – 30 October 2003) was a British barrister, Lord Justice of Appeal of the Court of Appeal of England and Wales, and Chairman of the Law Commission. Education and early years Gibson was educated at Charterhouse School and graduated from Brasenose College, Oxford. His studies at Oxford were interrupted by World War II, during which he served in the 1st King's Dragoon Guards in North Africa as an armoured car driver and instructor, and the Transjordan Frontier Force. At Oxford he became a close personal friend of Tony Benn. In 1949 he was best man at Benn's wedding. After Oxford he spent a year at the University of Chicago as a teaching fellow, where he met and married Ann Ruether, a Chicago native who was part of the University faculty. Career He was called to the Bar by the Middle Temple in 1948, and took silk In the United Kingdom and in some Commonwealth countries, a King's Counsel ( post-nominal initials KC) during the reign ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Shepheard V
Shepheard may refer to: *Carole Shepheard (born 1945), New Zealand artist *John Shepheard (born 1981), British footballer *Peter Shepheard Sir Peter Faulkner Shepheard FRTPI FILA (11 November 1913 – 11 April 2002) was a British architect and landscape architect. Biography He was born in Oxton, Birkenhead and educated at Birkenhead School. His father was an architect. He a ... (1913–2002), British architect and landscape architect *Ryan Shepheard (born 1977), Australian soccer referee *Samuel Shepheard (died 1719), British Member of Parliament for Newport (Isle of Wight) and the City of London (father of Samuel Shepheard) * Samuel Shepheard (1677–1748), British Member of Parliament for Malmesbury, Cambridge and Cambridgeshire {{surname ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
East V Maurer
''East v Maurer'' 990EWCA Civ 6 is an English contract law case concerning misrepresentation. Facts Maurer fraudulently told East he would not run a competing hair salon, so East bought the salon from Maurer. Maurer started to run a competing hair salon. East lost business. East then sued Maurer for deceit. Judgment "The Court of Appeal held that East could recover the price paid minus selling price, plus trading losses, plus expenses of buying and selling and carrying out improvements, plus £10,000 in foregone profits. It noted that foregone profits were recoverable in tort where the claimant might be expected to make them in a similar hairdressing business. To recover profits that would have been particular to this business, breach of a contractual warranty needed to be shown." See also *English contract law *Misrepresentation in English law *'' Smith New Court Ltd v Scrimgeour Vickers (Asset Management) Ltd'' 997 Year 997 (Roman numerals, CMXCVII) was a common year sta ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Expectation Interest
Expectation damages are damages recoverable from a breach of contract by the non-breaching party. An award of expectation damages protects the injured party's interest in realising the value of the expectancy that was created by the promise of the other party. Thus, the impact of the breach on the promisee is to be effectively "undone" with the award of expectation damages. The purpose of expectation damages is to put the non-breaching party in the position it would have occupied had the contract been fulfilled. Expectation damages can be contrasted to reliance damages and restitution damages, which are remedies that address other types of interests of parties involved in enforceable promises. The default for expectation damages are monetary damages which are subject to limitations or exceptions (see below) Expectation damages are measured by the diminution in value, coupled with consequential and incidental damages. History In Robinson v Harman, B Parke of the Exchequ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reliance Interest
Reliance damages is the measure of compensation given to a person who suffered an economic harm for acting in reliance on a party who failed to fulfill their obligation.. Scope Reliance damages are valued by a party's reliance interest for the foreseeable amount. They put the injured party in the same money position as if the contract had never been formed. Reliance interest is one of the three prongs of interest discussed by legal experts Lou Fuller and William Perdue in their 1936 article, "The Reliance Interest in Contract Damages." The other two interests are expectation interest and restitution interest. Application Under contract law, in a bilateral contract two or more parties owe obligations to each other. Each party acts in reliance that the other party will fulfill their respective obligation. If one party fails to respect their obligation, then the other party or parties may suffer an economic harm. Reliance damages compensate the harmed party/ies for the amount of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contractual Term
A contractual term is "any provision forming part of a contract". Each term gives rise to a contractual obligation, the breach of which may give rise to litigation. Not all terms are stated expressly and some terms carry less legal gravity as they are peripheral to the objectives of the contract. The terms of a contract are the essence of a contract, and tell the reader what the contract will do. For instance, the price of a good, the time of its promised delivery and the description of the good will all be terms of the contract. Classification of term Condition or Warranty Conditions are major provision terms that go to the very root of a contract breach of which means there has been substantial failure to perform a basic element in the agreement. Breach of a condition will entitle the innocent party to terminate the contract. A warranty is less imperative than a condition, so the contract will survive a breach. Breach of either a condition or a warranty will give rise to dama ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hadley V Baxendale
''Hadley & Anor v Baxendale'' ''& Ors'' 854EWHC J70is a leading English contract law case. It sets the leading rule to determine consequential damages from a breach of contract: a breaching party is liable for all losses that the contracting parties should have foreseen. However, if the other party has special knowledge that the party-in-breach does not, the breaching party is only liable for the losses that he could have foreseen on the information available to him. Facts The claimants, Mr Hadley and another, were millers and mealmen and worked together in a partnership. A crankshaft of a steam engine at the mill had broken and Hadley arranged to have a new one made by W. Joyce & Co. in Greenwich. Before the new crankshaft could be made, W. Joyce & Co. required that the broken crankshaft be sent to them in order to ensure that the new crankshaft would fit together properly with the other parts of the steam engine. Hadley contracted with defendants Baxendale and Ors to deliver t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Negligence
Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as a form of ''carelessness'' possibly with extenuating circumstances. The core concept of negligence is that people should exercise reasonable care in their actions, by taking account of the potential harm that they might foreseeably cause to other people or property. Someone who suffers loss caused by another's negligence may be able to sue for damages to compensate for their harm. Such loss may include physical injury, harm to property, psychiatric illness, or economic loss. The law on negligence may be assessed in general terms according to a five-part model which includes the assessment of duty, breach, actual cause, proximate cause, and damages. Elements of negligence claims Some things must be established by anyone who wants to sue in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Naughton V
Naughton ( or ) is an Irish Gaelic surname derived from the name Ó Neachtain meaning 'descendant of Nechtan'. A Sept of the Dal gCais of the same stock as Quinn and Hartigan where located in Inchiquin Barony, County Clare. Another O'Neachtain Sept of the Uí Maine who were chiefs of Máenmaige, the plain lying around Loughrea in Galway, until the Cambro-Norman invasion. After the upheaval they settled in the Fews (Barony of Athlone, County Roscommon). O'Neachtain appears as Chief of the Fews in several sixteenth century manuscripts, and as late as the eighteen eighties the Naughtons of Thomastown Park possessed an estate of between Athlone and Ballinasloe. The English surname Norton has occasionally been substituted for Naughton. The Nortons of Athlone are descended from Feradach O'Neachtain who died in 1790. In County Kerry, Behan or Behane was used interchangeably with Naughton. Places * Naughton, Fife, Scotland * Naughton, Ontario, Canada * Naughton, Suffolk, England ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Iron And Steel Holding And Realisation Agency V
Iron () is a chemical element with symbol Fe (from la, ferrum) and atomic number 26. It is a metal that belongs to the first transition series and group 8 of the periodic table. It is, by mass, the most common element on Earth, right in front of oxygen (32.1% and 30.1%, respectively), forming much of Earth's outer and inner core. It is the fourth most common element in the Earth's crust. In its metallic state, iron is rare in the Earth's crust, limited mainly to deposition by meteorites. Iron ores, by contrast, are among the most abundant in the Earth's crust, although extracting usable metal from them requires kilns or furnaces capable of reaching or higher, about higher than that required to smelt copper. Humans started to master that process in Eurasia during the 2nd millennium BCE and the use of iron tools and weapons began to displace copper alloys, in some regions, only around 1200 BCE. That event is considered the transition from the Bronze Age to the Iron Age. In th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
