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Solle V Butcher
''Solle v Butcher'' 9501 KB 671 is an English contract law case, concerning the right to have a contract declared voidable in equity. Denning LJ reaffirmed a class of "equitable mistakes" in his judgment, which enabled a claimant to avoid a contract. Denning LJ said, This would have essentially recognised a wider application of a duty of disclosure in most cases, triggered by actual knowledge of one party that another party was mistaken about terms. The case was doubted by a subsequent Court of Appeal case, ''The Great Peace''. Facts Mr Charles Butcher, the landlord, had leased a flat in Maywood House, Beckenham, to Mr Godfrey Solle, the tenant, at £250 a year, both parties believing that the Rent Acts did not apply to the property. Mr Solle later claimed that he should be repaid money over the regulated rent for the flat. Mr Butcher counterclaimed that their contract should be void because both were mistaken about rent regulation applying. The Increase of Rent and Mortgage I ...
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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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Pound Sterling
Sterling (abbreviation: stg; Other spelling styles, such as STG and Stg, are also seen. ISO code: GBP) is the currency of the United Kingdom and nine of its associated territories. The pound ( sign: £) is the main unit of sterling, and the word "pound" is also used to refer to the British currency generally, often qualified in international contexts as the British pound or the pound sterling. Sterling is the world's oldest currency that is still in use and that has been in continuous use since its inception. It is currently the fourth most-traded currency in the foreign exchange market, after the United States dollar, the euro, and the Japanese yen. Together with those three currencies and Renminbi, it forms the basket of currencies which calculate the value of IMF special drawing rights. As of mid-2021, sterling is also the fourth most-held reserve currency in global reserves. The Bank of England is the central bank for sterling, issuing its own banknotes, and ...
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Unconscientious
Unconscionability (sometimes known as unconscionable dealing/conduct in Australia) is a doctrine in contract law that describes terms that are so extremely unjust, or overwhelmingly one-sided in favor of the party who has the superior bargaining power, that they are contrary to good conscience. Typically, an ''unconscionable'' contract is held to be unenforceable because no reasonable or informed person would otherwise agree to it. The perpetrator of the conduct is not allowed to benefit, because the consideration offered is lacking, or is so obviously inadequate, that to enforce the contract would be unfair to the party seeking to escape the contract. Overview Unconscionability is determined by examining the circumstances of the parties when the contract was made, such as their bargaining power, age, and mental capacity. Other issues might include lack of choice, superior knowledge, and other obligations or circumstances surrounding the bargaining process. Unconscionable con ...
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Torrance V Bolton
Torrance, also spelled Torrence, is an originally Scottish surname. Torrance may also refer to: Places *Torrance, California, United States *Torrance, East Dunbartonshire, Scotland **Torrance railway station * Torrance, Ontario, Canada *Torrance, Pennsylvania, United States * Torrance Barrens, a conservation area near Torrance, Ontario *Torrance County, New Mexico, United States People Given name * Street Symphony (producer), alias of Torrance Esmond, an American record producer and music executive * Torry Castellano (born 1979), nickname of Torrance Castellano, retired former drummer of the rock band, The Donnas *Torrance Coombs (born 1983), Canadian-American actor * Torrance Daniels (born 1981), former American football linebacker and current football coach * Torrance Gillick (1915–1971), Scottish footballer * Torrance Marshall (born 1977), American former footballer * Torrance Small (born 1970), former professional American football wide receiver *Torrance Watkins (born 1949) ...
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Nicholson And Venn V Smith-Marriott
Nicholson may refer to: People *Nicholson (name), a surname, and a list of people with the name Places Australia * Nicholson, Victoria * Nicholson, Queensland * Nicholson County, New South Wales * Nicholson River (other) * Nicholson Road, Perth * Nicholson Street, Melbourne Hong Kong * Mount Nicholson, Hong Kong Island New Zealand * Port Nicholson, former name of Wellington Harbour, New Zealand United States * Nicholson, Georgia * Nicholson Island (Pennsylvania) * Nicholson, Mississippi * Nicholson, Pennsylvania * Nicholson, Wisconsin * Nicholson Township, Fayette County, Pennsylvania * Nicholson Township, Wyoming County, Pennsylvania * Dr. Malcolm Nicholson Farmhouse, a historic farmhouse in Havana, Florida Craters *Nicholson crater, in Canada *Nicholson (lunar crater) *Nicholson (Martian crater) Other uses * Crest Nicholson, British housebuilding company * ''Fanny Nicholson'', Australian sailing ship that sank in 1874 * Nicholson's, a brewery in Maidenhead fro ...
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Pothier
Pothier is a French surname. Notable people with the surname include: *Robert Joseph Pothier (1699–1772), French jurist and writer on contract law * Toussaint Pothier (1771–1845) Canadian businessman, seigneur and political figure in Lower Canada *Dom Joseph Pothier, O.S.B. (1835–1923), French prelate, liturgist and scholar of Gregorian chant * Aram Jules Pothier (1854–1928), American banker and Governor of Rhode Island * Albert A. Pothier (fl. 1890s) Nova Scotia Assemblyman * Lucien Pothier (1883–1957), French racing cyclist * Hector J. Pothier (1891–1976), Canadian physician and Assemblyman in Nova Scotia * Lucien Pothier (wrestler) (born 1894, date of death unknown), Belgian Olympic wrestler * Yvonne Pothier (born 1937), Canadian mathematics educator, Catholic nun, and activist for refugees *Hector Pothier Hector "Hec" Pothier (born June 12, 1954) is a former professional Canadian football player with the Canadian Football League's Edmonton Eskimos. After playin ...
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French Law
The Law of France refers to the legal system in the French Republic, which is a civil law legal system primarily based on legal codes and statutes, with case law also playing an important role. The most influential of the French legal codes is the Napoleonic Civil Code, which inspired the civil codes of Europe and later across the world. The Constitution of France adopted in 1958 is the supreme law in France. European Union law is becoming increasingly important in France, as in other EU member states. In academic terms, French law can be divided into two main categories: private law (''Droit privé'') and public law (''droit public''). This differs from the traditional common law concepts in which the main distinction is between criminal law and civil law. Private law governs relationships between individuals. It includes, in particular: * Civil law ('). This branch refers to the field of private law in common law systems. This branch encompasses the fields of inheritance ...
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King's Norton Metal Co Ld V Edridge
Kings or King's may refer to: *Monarchs: The sovereign heads of states and/or nations, with the male being kings *One of several works known as the "Book of Kings": **The Books of Kings part of the Bible, divided into two parts **The ''Shahnameh'', an 11th-century epic Persian poem **The Morgan Bible, a French medieval picture Bible **The Pararaton, a 16th-century Javanese history of southeast Asia *The plural of any king Business * Kings Family Restaurants, a chain of restaurants in Pennsylvania and Ohio * Kings Food Markets, a chain supermarket in northern New Jersey * King's Favourites, a brand of cigarettes *King's Variety Store, a chain of stores in the USA * King's (defunct discount store), a defunct chain of discount stores in the USA Education *King's College (other), various colleges * King's School (other), various schools * The King's Academy (other), various academies Electoral districts * King's (New Brunswick electoral district) (1867 ...
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Bell V Lever Bros Ld
''Bell v Lever Brothers Ltd'' 931UKHL 2is an English contract law case decided by the House of Lords. Within the field of Mistake in English contract law, mistake in English law, it holds that common mistake does not lead to a void contract unless the mistake is fundamental to the identity of the contract. Facts Lever Brothers Ltd (which merged in 1930 to become Unilever) was a company which traded in West Africa, through a 99% owned subsidiary called the Niger Company (formerly the Royal Niger Company). The Niger trade was in trouble. Lord Leverhulme, the owner of Lever Bros, hired D'Arcy Cooper (a Quaker and senior partner of his uncle's accountant firm, Cooper Brothers) to be the chairman and manage the crisis. Cooper negotiated a loan from Barclays Bank, which insisted that a professional management run the Niger subsidiary. Cooper hired his friend, Ernest Hyslop Bell, a senior Barclays manager in 1923 as chairman of the subsidiary. Mr Snelling, a tax consultant that had s ...
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Judicature Acts
In the history of the courts of England and Wales, the Judicature Acts were a series of Acts of Parliament, beginning in the 1870s, which aimed to fuse the hitherto split system of courts of England and Wales. The first two Acts were the Supreme Court of Judicature Act 1873 (36 & 37 Vict. c. 66) and the Supreme Court of Judicature Act 1875 (38 & 39 Vict. c. 77), with a further series of amending acts (12 in all by 1899). By the Act of 1873 (ss. 3, 4), the Court of Chancery, the Court of King's Bench (known as the Queen's Bench when there is a female Sovereign), the Court of Common Pleas, the Court of Exchequer, the High Court of Admiralty, the Court of Probate, and the Court of Divorce and Matrimonial Causes were consolidated into the Supreme Court of Judicature, subdivided into two courts: the "High Court of Justice" ("High Court"), with (broadly speaking) original jurisdiction, and the "Court of Appeal". Besides this restructuring, the objects of the act were threefold: *t ...
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Cundy V Lindsay
''Cundy v Lindsay'' (1877–78) LR 3 App Cas 459 is an English contract law case on the subject of mistake, introducing the concept that contracts could be automatically void for mistake as to identity, where it is of crucial importance.(1877-78) LR 3 App Cas 459, page 465 Some lawyers argue that such a rule is at odds with subsequent cases of mistake as to identity, such as '' Phillips v Brooks'',9192 KB 243 where parties contracting face to face are merely voidable for fraud, protecting a third party buyer.MacMillan, p. 372 However, the ultimate question is whether the identity of the other contracting party was crucial to the contract. The problem for the courts was essentially which of the two innocent parties should bear the loss of the goods. Facts Lindsay & Co sued Cundy to return handkerchiefs, after it had been defrauded by a 'rogue' that sold them onto Cundy. Lindsay & Co were manufacturers of linen handkerchiefs, amongst other things. They received correspondence fro ...
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