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Smith V Hughes
''Smith v Hughes'' (1871) LR 6 QB 597 is an English contract law case. In it, Blackburn J set out his classic statement of the objective interpretation of people's conduct (acceptance by conduct) when entering into a contract. The case regarded a mistake made by Mr. Hughes, a horse trainer, who bought a quantity of oats that were the same as a sample he had been shown. However, Hughes had misidentified the kind of oats: his horse could not eat them, and refused to pay for them. Smith, the oat supplier, sued for Hughes to complete the sale as agreed. The court sided with Smith, as he provided the oats Hughes agreed to buy. That Hughes made a mistake was his own fault, as he had not been misled by Smith. Since Smith had made no fault, there was no mutual mistake, and the sale contract was still valid. The case stands for the narrow proposition that in a commercial sale by sample (following sample) where the goods conform to the sample shown, the court will mindful of the principl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cockburn CJ
Sir Alexander James Edmund Cockburn, 12th Baronet (24 September 1802 – 20 November 1880) was a British jurist and politician who served as the Lord Chief Justice of England and Wales, Lord Chief Justice for 21 years. He heard some of the leading ''causes célèbres'' of the nineteenth century. In 1847 he decided to stand for parliament, and was elected unopposed as Liberal Party (UK), Liberal Member of Parliament for Southampton (UK Parliament constituency), Southampton. His speech in the British House of Commons, House of Commons on behalf of the government in the Don Pacifico affair, Don Pacifico dispute with Greece commended him to John Russell, 1st Earl Russell, Lord John Russell, who appointed him Solicitor General for England and Wales, Solicitor-General in 1850 and Attorney General for England and Wales, Attorney General in 1851, a post which he held till the resignation of the ministry in February 1852. Early life and career Cockburn was born in Altona, Hamburg, Al ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1871 In British Law
Events January–March * January 3 – Franco-Prussian War – Battle of Bapaume: Prussians win a strategic victory. * January 18 – Proclamation of the German Empire: The member states of the North German Confederation and the south German states, aside from Austria, unite into a single nation state, known as the German Empire. The King of Prussia is declared the first German Emperor as Wilhelm I of Germany, in the Hall of Mirrors at the Palace of Versailles. Constitution of the German Confederation comes into effect. It abolishes all restrictions on Jewish marriage, choice of occupation, place of residence, and property ownership, but exclusion from government employment and discrimination in social relations remain in effect. * January 21 – Giuseppe Garibaldi's group of French and Italian volunteer troops, in support of the French Third Republic, win a battle against the Prussians in the Battle of Dijon. * February 8 – 1871 French legislative election elects t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Interpretation 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 * ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Agreement 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] |
Lord Blackburn Cases
Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or are entitled to courtesy titles. The collective "Lords" can refer to a group or body of peers. Etymology According to the Oxford Dictionary of English, the etymology of the word can be traced back to the Old English word ''hlāford'' which originated from ''hlāfweard'' meaning "loaf-ward" or "bread-keeper", reflecting the Germanic tribal custom of a chieftain providing food for his followers. The appellation "lord" is primarily applied to men, while for women the appellation "lady" is used. This is no longer universal: the Lord of Mann, a title previously held by the Queen of the United Kingdom, and female Lords Mayor are examples of women who are styled as "Lord". Historical usage Feudalism Under the feudal system, "lord" had a wide ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1871 In Case Law
Events January–March * January 3 – Franco-Prussian War – Battle of Bapaume: Prussians win a strategic victory. * January 18 – Proclamation of the German Empire: The member states of the North German Confederation and the south German states, aside from Austria, unite into a single nation state, known as the German Empire. The King of Prussia is declared the first German Emperor as Wilhelm I of Germany, in the Hall of Mirrors at the Palace of Versailles. Constitution of the German Confederation comes into effect. It abolishes all restrictions on Jewish marriage, choice of occupation, place of residence, and property ownership, but exclusion from government employment and discrimination in social relations remain in effect. * January 21 – Giuseppe Garibaldi's group of French and Italian volunteer troops, in support of the French Third Republic, win a battle against the Prussians in the Battle of Dijon. * February 8 – 1871 French legislative election ele ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Frederick E Rose (London) Ltd V William H Pim Junior & Co Ltd
''Frederick E Rose (London) Ltd v William H Pim Junior & Co Ltd'[1953] 2 QB 450is an English contract law case concerning the rectification of contractual documents and the interpretation of contracts in English law. Facts Frederick E Rose (London) Ltd was asked to supply ‘up to five hundred tons of Moroccan horsebeans described here as feveroles’ to an English firm in Egypt. So, Rose asked an Algeria ) , image_map = Algeria (centered orthographic projection).svg , map_caption = , image_map2 = , capital = Algiers , coordinates = , largest_city = capital , relig ...n supplier, William H Pim Junior & Co Ltd, what feveroles were. Pim replied ‘feveroles means just horsebeans’. They contracted for the supply of ‘horsebeans’. Both believed horsebeans were feveroles. However, little did Rose know, there are three bean sizes, feves, feveroles and fevettes. Rose got feves delivered ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hillas & Co Ltd V Arcos Ltd
''WN Hillas & Co Ltd v Arcos Ltd'' 932UKHL 2is a landmark House of Lords case on English contract law where the court first began to move away from a strict, literal interpretation of the terms of a contract, and instead interpreted it with a view to preserve the bargain. The Court ruled that judges may imply terms into a contract based on the past dealings of the parties rather than void the agreement. Lord Wright stated in this case that people who give good consideration can bind themselves to a duty to negotiate in good faith, but this view was controversially rejected in a later House of Lords case, ''Walford v Miles'' (1992).9922 AC 128 Hillas & Company were merchants purchasing timber from Arcos. Hillas and Arcos reached an agreement to purchase 22,000 standards of timber, under the specific condition that they should also have the option of entering into a contract with Arcos to purchase 100,000 standards the following year with a 5% reduction on price. Arcos refused to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hotchkiss V National City Bank Of New York
Hotchkiss v. National City Bank of N.Y., 200 F. 287, 293 (S.D.N.Y. 1911) was a landmark case in contract law articulating the Objective Theory of Contracts and dealing with the meaning of a promise in a contract. To wit, Judge Learned Hand opined: "A contract has, strictly speaking, nothing to do with the personal, or individual, intent of the parties. A contract is an obligation attached by the mere force of law to certain acts of the parties, usually words, which ordinarily accompany and represent a known intent. If, however, it were proved by twenty bishops that either party when he used the words intended something else than the usual meaning which the law imposes on them, he would still be held, unless there were mutual mistake or something else of the sort." See also *Lucy v. Zehmer *Judge Learned Hand *Contracts A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Freeman V Cooke
Freeman, free men, or variant, may refer to: * a member of the Third Estate in medieval society (commoners), see estates of the realm * Freeman, an apprentice who has been granted freedom of the company, was a rank within Livery companies * Freeman, in Middle English synonymous with franklin (class), initially a person not tied to land as a villein or serf, later a land-owner * Freeman (Colonial), in U.S. colonial times, a person not under legal restraint * A person who has been awarded Freedom of the City * Free tenant, a social class in the Middle Ages * Freedman, a former slave that had been freed from bondage Places ;In the United States * Freeman, Georgia, an unincorporated community * Freeman, Illinois, an unincorporated community * Freeman, Indiana, an unincorporated community * Freeman, South Dakota, a city * Freeman, Virginia, an unincorporated community * Freeman, Wisconsin, a town in Crawford County * Freeman, Langlade County, Wisconsin, an unincorporated community * ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sir Alexander Cockburn
Sir Alexander James Edmund Cockburn, 12th Baronet (24 September 1802 – 20 November 1880) was a British jurist and politician who served as the Lord Chief Justice for 21 years. He heard some of the leading '' causes célèbres'' of the nineteenth century. In 1847 he decided to stand for parliament, and was elected unopposed as Liberal Member of Parliament for Southampton. His speech in the House of Commons on behalf of the government in the Don Pacifico dispute with Greece commended him to Lord John Russell, who appointed him Solicitor-General in 1850 and Attorney General in 1851, a post which he held till the resignation of the ministry in February 1852. Early life and career Cockburn was born in Altona, in what is now Germany and was then part of Brandenburg,1851 Census for England – Barrister, aged 47, of Wakehurst Place, Ardingly, Sussex, with the mother (Louisa Hannah Godfrey née Dalley) and sister (Caroline Louisa Matilda Godfrey) of his partner Amelia (Emi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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