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Simpkins V Pays
''Simpkins v Pays'' 9551 WLR 975 is a precedent case on intention to create legal relations in the English law of contract. Decided at Chester assizes in 1955, this case involved an informal syndicate agreement between a grandmother, grand-daughter and a lodger. The three ladies regularly entered a fashion competition in the "Sunday Empire News" where 8 types of fashion attire were ranked. For a period of 7 to 8 weeks, the plaintiff lodger, the defendant grandmother, and the grand-daughter each contributed one forecast on the coupon. The coupon in question was filled in by the lodger, but was made out in the grandmother's name. The costs of postage and the 30 shilling entry fee were informally shared, being sometimes paid by one and sometimes by another. When the question of sharing winnings first came to be considered between the lodger and grandmother, the latter said that they would "go shares". The coupon sent in for June 1954 was successful; but the grandmother refused to p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Intention To Create Legal Relations
Intention to create legal relations, otherwise an "intention to be legally bound", is a doctrine used in contract law, particularly English contract law and related common law jurisdictions. The doctrine establishes whether a court should presume that parties to an agreement wish it to be enforceable at law, and it states that an agreement is legally enforceable only if the parties are deemed to have intended it to be a binding contract. Identifying intention to create legal relations A contract is a legally binding agreement. Once an offer has been accepted, there is an agreement, but not necessarily a contract. The element that converts any agreement into a true contract is "intention to create legal relations". There must be evidence that the parties intended the agreement to be subject to the law of contract. If evidence of intent is found, the agreement gives rise to legal obligations whereby any party in breach may be sued. In English law, there are two judicial devices to h ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of '' stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of the mind ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Syndicate
A syndicate is a self-organizing group of individuals, companies, corporations or entities formed to transact some specific business, to pursue or promote a shared interest. Etymology The word ''syndicate'' comes from the French language, French word ''syndicat'' which means "trade union" (''syndic'' meaning "administrator"), from the Latin word ''syndicus'' which in turn comes from the Ancient Greek, Greek word σύνδικος (''syndikos''), which means "caretaker of an issue"; compare to ombudsman or Representation (politics), representative. Definition The ''Merriam Webster Dictionary'' defines syndicate as a group of people or businesses that work together as a team. This may be a council or body or association of people or an association of concerns, officially authorized to undertake a duty or negotiate business with an office or jurisdiction. It may mean an association of racketeers in organized crime. It may refer to a business concern that sells materials for publicat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reasonable Man
In law, a reasonable person, reasonable man, or the man on the Clapham omnibus, is a hypothetical person of legal fiction crafted by the courts and communicated through case law and jury instructions. Strictly according to the fiction, it is misconceived for a party to seek evidence from actual people to establish how the reasonable man would have acted or what he would have foreseen. This person's character and care conduct under any ''common set of facts,'' is decided through reasoning of good practice or policy—or "learned" permitting there is a compelling consensus of public opinion—by high courts. In some practices, for circumstances arising from an ''uncommon set of facts,'' this person is seen to represent a composite of a relevant community's judgement as to how a typical member of said community should behave in situations that might pose a threat of harm (through action or inaction) to the public. However, cases resulting in judgment notwithstanding verdict can b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Eugene Wambaugh
Eugene Wambaugh (February 29, 1856 – August 6, 1940) was an American legal scholar. He was born on a farm near Brookville, Ohio to Rev. A. B. Wambaugh and Sarah Wells Wambaugh. He was educated at Harvard University, Harvard (A.B., 1876; LL.B., 1880). Admitted to the Ohio Bar association, bar in 1880, he practiced law in Cincinnati, Ohio, Cincinnati until 1889. He was professor of law at the University of Iowa College of Law, State University of Iowa College of Law from 1889 to 92 and thenceforth at Harvard. From 1906 to 1913, he was a member of the ''American Political Science Review'', and from 1908 to 1912 served as special attorney of the United States Bureau of Corporations. Several universities gave him the honorary degree of LL.D. His publications include: * ''The Study of Cases'' (1892; second edition, 1894) * ''Cases for Analysis'' (1894) * ''A Selection of Cases on Agency'' (1896) * ''Thomas Littleton (judge), Littleton's Tenures'' (1903) * ''A Selecti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sunday Empire News
The ''Empire News'' was a Sunday newspaper in the United Kingdom. The newspaper was founded in 1884 in Manchester as ''The Umpire''. A penny newspaper, it was the first successful provincial Sunday newspaper in England. Owned by H. S. Jennings, the ''Umpire'' was subtitled "A Sporting, Athletic, Theatrical and General Newspaper", and focused on sports and theatre news.Andrew Davies and Steven Fielding, ''Workers' Worlds'', p.160 In 1894, it absorbed the former daily newspaper, the ''Manchester Examiner and Times''.Joanne Shattock, ''The Cambridge Bibliography of English Literature'', p.2908 In 1917, Edward Hulton bought the paper and renamed it the ''Empire'', and shortly after, the ''Empire News''.Gone and (largely) forgotten ", ''British Journalism Review'', Vol. 17, No. 2, 2006, pp.50–52 Along with Hulton's ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Connell V MIB
''Coward v MIB'' was a 1963 Court of Appeal decision on intention to create legal relations, and on the liability of the Motor Insurers Bureau when a passenger in a vehicle is killed or injured through the driver's negligence. The decision was disapproved and not followed in two subsequent "lift-to-work" cases, '' Connell v Motor Insurers Bureau'' (1969 CA) and '' Albert v Motor Insurers Bureau'' (1971 HL). Facts Coward was a pillion passenger who was killed in a motorcycle accident for which the rider was responsible. The negligent rider was both a colleague and a friend. The accident occurred on the way to work. As the rider's insurance policy excluded pillion passengers, Coward's widow was obliged to claim damages from the MIB. The MIB would have liability only where insurance for the pillion was compulsory; and at the time insurance was compulsory only if pillions were carried "for hire or reward". Coward had paid the friend a small weekly contribution for the daily trip, a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Welch V Jess
Welch v Jess 976NZ recent Law 185 is a reported precedent case in New Zealand on intention to create legal relations in the law of contract. It adopts into NZ case law the English cases of ''Simpkins v Pays'' and ''Connell v MIB''. The case Jess and his friend Welch entered a fishing contest on Ninety Mile Beach. They agreed to pool money for a kitty, agreeing to share any prize money later won. Jess subsequently won $6,000 but later refused to share the prize money, claiming that it was merely a social agreement not intended to be enforced the parties. *The court ruled that there was a legally binding contract, and Jess was ordered to share the prize money. The court declared that although social agreements are generally not legally enforceable, they can be legally enforceable under certain circumstances. In this case, the objective bystander would have thought that, having pooled the entrance fee, it was obvious that any winnings were intended to be shared. Commentary For ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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