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Shogun Finance Ltd V Hudson
''Shogun Finance Ltd v Hudson'' 003UKHL 62is an English contract law case decided in the House of Lords, on the subject of mistaken identity as a basis for rescission of a contract. The case has been the subject of much criticism in failing to effectively clarify the area of mistake to identity. Facts A rogue went to a dealer to buy a Mitsubishi Shogun on hire purchase. The rogue told them that his name was Mr Patel and produced Mr Patel’s driving licence. The dealer communicated with Shogun Finance, which did a credit check on Mr Patel. Finding no problems, Shogun Finance authorized the hire purchase agreement and the rogue drove away. The rogue then sold the car to Mr Norman Hudson, who had no knowledge that the vehicle belonged to Shogun Finance and was subject to an apparent hire purchase agreement. Shogun Finance brought a claim against Mr Hudson for the return of its vehicle. Mr Hudson relied on section 27 of the Hire Purchase Act 1964, which creates a statutory exceptio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mitsubishi
The is a group of autonomous Japanese multinational companies in a variety of industries. Founded by Yatarō Iwasaki in 1870, the Mitsubishi Group historically descended from the Mitsubishi zaibatsu, a unified company which existed from 1870 to 1946. The company was disbanded during the occupation of Japan following World War II. The former constituents of the company continue to share the Mitsubishi brand and trademark. Although the group of companies participate in limited business cooperation, most famously through monthly "Friday Conference" executive meetings, they are formally independent and are not under common control. The four main companies in the group are MUFG Bank (the largest bank in Japan), Mitsubishi Corporation (a general trading company), Mitsubishi Electric and Mitsubishi Heavy Industries (both diversified manufacturing companies). History The Mitsubishi company was established as a shipping firm by Iwasaki Yatarō (1834–1885) in 1870 under the name ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Phillips V Brooks
''Phillips v Brooks Ltd'' 9192 KB 243 is an English contract law case concerning mistake. It held that a person is deemed to contract with the person in front of them unless they can substantially prove that they instead intended to deal with someone else (see also Shogun Finance Ltd v Hudson). Facts On 15 April 1918, a man named North entered Phillips' jewellery shop and said, "I am Sir George Bullough". He wrote a dud cheque for £3000 to pay for some pearls and a ring. He said he lived in St. James's Square. Mr Phillips checked the phone directory and found there was someone there by that name. Mr Phillips asked if he would like to take the jewellery with him and Mr North said he would leave the pearls but take the ring 'for his wife's birthday tomorrow'. Mr North then pawned the ring to Brooks Ltd for £350. When the false cheque was dishonoured, Phillips sued Brooks Ltd to get the ring back. Note that there are conflicting reports showing that Mr North identified himsel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
House Of Lords Cases
A house is a single-unit residential building. It may range in complexity from a rudimentary hut to a complex structure of wood, masonry, concrete or other material, outfitted with plumbing, electrical, and heating, ventilation, and air conditioning systems.Schoenauer, Norbert (2000). ''6,000 Years of Housing'' (rev. ed.) (New York: W.W. Norton & Company). Houses use a range of different roofing systems to keep precipitation such as rain from getting into the dwelling space. Houses may have doors or locks to secure the dwelling space and protect its inhabitants and contents from burglars or other trespassers. Most conventional modern houses in Western cultures will contain one or more bedrooms and bathrooms, a kitchen or cooking area, and a living room. A house may have a separate dining room, or the eating area may be integrated into another room. Some large houses in North America have a recreation room. In traditional agriculture-oriented societies, domestic animals such a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Mistake 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] |
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] |
Mistake In English Contract Law
Mistake(s) may refer to: * An error Law * Mistake (contract law), an erroneous belief, at contracting, that certain facts are true ** Mistake in English contract law, a specific type of mistake, pertaining to England * Mistake (criminal law), or ''mistake of fact'', a defense to criminal charges on the grounds of ignorance of a fact * Mistake of law, a defense to criminal charges on the grounds of ignorance of law * Error (law) Places * Mistake Bay, a bay in Canada * Mistake Crag, a crag in Antarctica * Mistake Creek, Queensland, an Australian locality * Mistake Peak, a mountain in Antarctica * Mistake Peak (Arizona), a mountain in the U.S. state of Arizona * Mistake River, a river in New Zealand Music * Mistake (album), ''Mistake'' (album), a 2002 album by D+ * Mistake (Moby song), "Mistake" (Moby song), 2009 * Mistake (Stephanie McIntosh song), "Mistake" (Stephanie McIntosh song), 2006 * Mistake (Mike Oldfield song), "Mistake" (Mike Oldfield song), 1982 * Mistakes (Brian McF ... [...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] |
Morrisson V Robertson
''Morrisson v Robertson'' ( 1908 SC 332) is a case establishing the common law principles that govern unilateral error in Scots law. , EdinLR Vol 9 (2005) pp 150-156 Facts A man claiming to be the son of Wilson of Bonnyrigg approached Morrisson and offered to buy two s from him. Although Morrisson did not know the man, he knew of Wilson, who was a neighbouring farmer of good financial standing. Accordingly, he let the man have the two cows on |
Void (law)
In law, void means of no legal effect. An action, document, or transaction which is void is of no legal effect whatsoever: an absolute nullity—the law treats it as if it had never existed or happened. The term void ''ab initio'', which means "to be treated as invalid from the outset", comes from adding the Latin phrase ''ab initio'' (from the beginning) as a qualifier. For example, in many jurisdictions where a person signs a contract under duress, that contract is treated as being void ''ab initio''. The frequent combination "null and void" is a legal doublet. The term is frequently used in contradistinction to the term "voidable" and "unenforceable". Definitions '' Black's Law Dictionary'' defines 'void' as: In the case of a contract, this means there is no legal obligation, therefore there can be no breach of contract since the contract is null, but there may be an implied contract which requires the recipient of goods or services provided to pay their reasonable value. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Voidable
Voidable, in law, is a transaction or action that is valid but may be annulled by one of the parties to the transaction. Voidable is usually used in distinction to void ''ab initio'' (or void from the outset) and unenforceable. Definition The act of invalidating the contract by the party exercising its rights to annul the voidable contract is usually referred to either as ''voiding'' the contract (in the United States and Canada) or ''avoiding'' the contract (in the United Kingdom, Australia and other common law countries). ''Black's Law Dictionary'' (relevant to US law) defines voidable as follows: Right to rescind Generally speaking, one party will have the right to elect whether to annul the transaction or to affirm it. The avoiding of a voidable transaction amounts to the rescinding it or exercising a power of rescission and as such, it is subject to the general law in that regard. The right to rescind can be lost. In common law, there are generally said to be four "bars" ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Reform Committee
The Law Reform Committee was a committee in England and Wales appointed by the Lord Chancellor "to consider, having regard especially to judicial decisions, what changes are desirable in such legal doctrines as the Lord Chancellor may from time to time refer to Committee". The Lord Chancellor's decision to create this committee was announced on 2 May 1952 by the Attorney General, Lionel Heald, at the dinner of the West Surrey Law Society. The Solicitors Journal said that the proposed step was "overdue". The Committee was appointed on 16 June 1952.Law Reform Committee. Third Report (Occupiers' Liability to Invitees, Licensees and Trespassers). Cmd 9305. HMSO. London. November 1954. Page 5. In 2006, John Wheeler said that the Committee was "defunct".John Wheeler. Essentials of the English Legal System. Pearson Education. 31 December 2006Page 349from Google Books. Composition Six members of the Committee were judges, two were Queen's Counsel, two were solicitors and the remaining th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nemo Dat Quod Non Habet
''Nemo dat quod non habet'', literally meaning "no one can give what they do not have", is a legal rule, sometimes called the ''nemo dat'' rule, that states that the purchase of a possession from someone who has no ownership right to it also denies the purchaser any ownership title. It is equivalent to the civil (continental) ''Nemo plus iuris ad alium transferre potest quam ipse habet'' rule, which means "one cannot transfer to another more rights than they have". The rule usually stays valid even if the purchaser does not know that the seller has no right to claim ownership of the object of the transaction (a ''bona fide'' purchaser); however, in many cases, more than one innocent party is involved, making judgment difficult for courts and leading to numerous exceptions to the general rule that aim to give a degree of protection to ''bona fide'' purchasers and original owners. The possession of the good of title will be with the original owner. United States In American law, a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
