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Smith V Land And House Property Corp
''Smith v Land and House Property Corporation'' (1884) LR 28 Ch D 7 is an English contract law case, concerning misrepresentation. It holds that a statement of opinion can represent that one knows certain facts, and therefore one may have still made a misrepresentation. Facts Land and House Property Corp (LHP) contracted with Mr. Smith to buy the freehold title of the Marine Hotel at Walton-on-the-Naze. Mr. Smith had advertised that it was let to Mr. Fleck, Land and House agreed to buy the Hotel. However, Mr. Fleck, who had been overdue with rent, went bankrupt just before transfer of title. Land and House Property Corp. refused to complete the transaction, defending Smith's specific performance suit on the basis that the description of Fleck's "virtues" was grounds for misrepresentation. Ben-Ishai, Stephanie"Contracts: Cases and Commentaries (8th Ed)". Carswell, 2009, p.359. H.H. Asquith appeared for the landlord. Judgment Bowen LJ held there was a misrepresentation relied o ... [...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 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bowen LJ
Charles Synge Christopher Bowen, Baron Bowen, (1 January 1835 – 10 April 1894) was an English judge. Early life Bowen was born at Woolaston in Gloucestershire – his father, Rev. Christopher Bowen, originally of Hollymount, County Mayo, being then curate of the parish and his mother, Catherine Steele (1807/8–1902); his younger brother was Edward Ernest Bowen, a long-serving Harrow schoolmaster. He was educated at Lille in France, Blackheath and Rugby schools, leaving the latter in 1853 having won a scholarship to Balliol College, Oxford. There he made good his earlier academic promise, winning the principal classical scholarships and prizes of his time. He was elected a Fellow of Balliol in 1857 while an undergraduate and became President of the Oxford Union in 1858. Career From Oxford, Bowen went to London, where he was called to the bar at Lincoln's Inn in 1861, and while studying law he wrote regularly for the '' Saturday Review'', and also later for ''The Spectator' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fry LJ
Sir Edward Fry, (4 November 1827 – 19 October 1918) was an English Court of Appeal of England and Wales, 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 II, 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 Queen's Counsel, silk in 1869 and became a judge in Court of equity, 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. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...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] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Walton-on-the-Naze
Walton-on-the-Naze is a seaside town on the North Sea coast and (as Walton le Soken) a former civil parish, now in the parish of Frinton and Walton, in the Tendring district in Essex, England. It is north of Clacton and south of the port of Harwich. Frinton-on-Sea is to the south of the town. The town has a population of 12,054 (according to the 2011 census). In 1931 the parish had a population of 3071. It attracts many visitors, The Naze being the main attraction. There is also a pier. The parish was earlier known as Eadolfenaesse and then as Walton-le-Soken. The name 'Walton' is a common one meaning a 'farmstead or village of the Britons', while 'Soken' denotes the soke (an area of special jurisdiction) that included Thorpe, Kirby and Walton, which were not under the see of London but under the chapter of St Paul's Cathedral. Walton had a HM Coastguard team and was home to the Thames MRCC (Maritime Rescue Coordination Centre), organising rescues from Southwold to Herne ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stephanie Ben-Ishai
Stephanie F. Ben-Ishai is a Canadian lawyer. She is a Distinguished Research Professor and full professor at Osgoode Hall Law School Osgoode Hall Law School. She was a Fulbright fellow and has authored or co-authored numerous books on insolvency, contract law, and corporate and commercial law. Early life and education Upon graduating from Osgoode Hall Law School with her LL.B, Ben-Ishai served as a law clerk at the Court of Appeal for Ontario to Chief Justice McMurtry, Justice Laskin and Justice Sharpe. She also practiced law at Osler, Hoskin and Harcourt law firm before earning her LLM at Harvard Law School with a Fulbright fellowship. Career In 2003, Ben-Ishai joined the faculty at her alma mater, Osgoode Hall Law School. By 2006, she was promoted to Associate Professor and received the Borden Ladner Gervais LLP Summer Research Fellowship. She also worked as a visiting professor at the University of Toronto and Monash University Faculty of Law. During the following academic year ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bisset V Wilkinson
''Bisset v Wilkinson'' 927AC 177 is a leading contract law case from New Zealand on the issue of misrepresentation. The case establishes that a mere misstatement of opinion given fairly cannot amount to a misrepresentation. The case was heard in London by the Privy Council, which was then the final appeal court for New Zealand. As such, the decision, although "very strongly persuasive" on English contract law, is not conclusively binding. Nevertheless, the case has been cited and applied in England and Wales several times. Facts In New Zealand in May 1919 Mr Bisset entered into a binding contract to sell to Mr Wilkinson two contiguous blocks of farmland for £13,260. These blocks comprised respectively. During negotiations Bisset told Wilkinson that "with a good six horse team, his idea was that the farm would carry 2,000 sheep". After 2 years of unsuccessful farming, Wilkison concluded that the land could not support 2,000 sheep, and he brought an action for misrepresenta ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
