Southern Foundries (1926) Ltd V Shirlaw
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Southern Foundries (1926) Ltd V Shirlaw
''Southern Foundries (1926) Ltd v Shirlaw'' 940AC 701 is an important English contract law and company law case. In the field of contracts it is well known for MacKinnon LJ's decision in the Court of Appeal, where he put forth the "officious bystander" formulation for determining what terms should be implied into agreements by the courts. In the field of company law, it is known primarily to stand for the principle that damages may be sought for breach of contract by a director even though a contract may ''de facto'' constrain the exercise of powers to sack people found in the company's constitution. Facts Mr Shirlaw had been the managing director of Southern Foundries Ltd, which was in the business of iron castings. But then another company called ‘Federated Foundries Ltd’ took over the business. The new owners had altered article 8 of Southern Foundries Ltd's constitution, empowering two directors and the secretary (who were friends of Federated Foundries) to remove any di ...
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Viscount Maugham
Viscount Maugham, of Hartfield in the County of Sussex, was a title in the Peerage of the United Kingdom. It was created on 22 September 1939 for the former Lord Chancellor, Frederic Maugham, 1st Viscount Maugham, Frederic Maugham, Baron Maugham. He had already been created a life peer under the Appellate Jurisdiction Act 1876 as Baron Maugham, of Hartfield in the County of Sussex, on 7 October 1935. This title was also in the Peerage of the United Kingdom. On Lord Maugham's death in 1958 the life barony became extinct while he was succeeded in the viscountcy by his only son, the second Viscount. He was an author known as Robin Maugham. He never married and on his death in 1981 the viscountcy became extinct. Viscount Maugham was the author of 'U.N.O and War Crimes' published by John Murray (publishing house), John Murray, 1951. The author W. Somerset Maugham was the younger brother of the first Viscount. Viscounts Maugham (1939) *Frederic Maugham, 1st Viscount Maugham, Frede ...
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The Moorcock
''The Moorcock'' (1889) 14 PD 64 is a leading English contract law case which created an important test for identifying the main terms that the law will imply in commercial, or non-consumer, agreements, especially terms that are "necessary and obvious...to give business efficacy". Terms shall not be implied merely because they appear "desirable and reasonable". The case has been widely cited in later cases and is narrowly distinguished. Facts The owners of the ship called ''The Moorcock'' contracted for space at a wharf owner's jetty in order to unload ''The Moorcock's'' cargo. While docked, the tide went down to a point where the hull of the ship hit a ridge, causing damage to the ship. The plaintiff argued that the wharfingers were responsible to ensure that his vessel would remain safe while docked. The wharf owners, in their defense, claimed that there were no provisions in the contract to ensure the vessel's safety and that they could not have foreseen the damage caused to t ...
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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 ...
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English Contract 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 ...
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United Kingdom Company Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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Isle Of Wight Railway Company V Tahourdin
''Isle of Wight Railway Company v Tahourdin'' (1884) LR 25 Ch D 320 is a UK company law case on removing directors under the old Companies Clauses Act 1845. In the modern Companies Act 2006, section 168 allows shareholders to remove of directors by a majority vote on reasonable notice, regardless of what the company constitution says. Before 1945, removal of directors depended on the constitution, however this case contains some useful guidance on how to properly construe the provisions of a constitution. Facts The shareholders of the Isle of Wight Railway Co instructed the board of directors to call a meeting so they could (1) appoint a meeting to investigate and potentially rearrange the company's management, and also (2) decide whether to remove the present directors and elect new ones. The directors called a meeting “for the purpose of considering and determining upon a demand of the requisitionists for the appointment of a committee to inquire into the working and general m ...
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Imperial Hydropathic Hotel Co, Blackpool V Hampson
''Imperial Hydropathic Hotel Co, Blackpool v Hampson'' (1883) 23 Ch D 1 is a UK company law case, concerning the interpretation of a company's articles of association. On the specific facts it has been superseded by the Companies Act 2006 section 168, which allows a director to be removed through an ordinary majority resolution of the general meeting. Facts The articles of association of the Imperial Hydropathic Hotel Co (now The Imperial Hotel Blackpool) stated that the directors should hold office for three years and retire by rotation. At a general meeting, the shareholders passed a resolution to remove two directors who were not yet due to retire, and elected two others instead. The company claimed the directors had been validly removed. Judgment The Court of Appeal held that the company's articles could not be disregarded through a shareholder resolution. Where a company's articles limit the general meeting's power, the articles must be formally amended first, and may not si ...
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Mackay V Dick
Mackay may refer to: *Clan Mackay, the Scottish clan from which the surname "MacKay" derives Mackay may also refer to: Places Australia * Mackay Region, a local government area ** Mackay, Queensland, a city in the above region *** Mackay Airport, in the above city *** Mackay railway station ** Electoral district of Mackay, Queensland, Australia Canada * Fort MacKay, Alberta * MacKay, Alberta * A. Murray MacKay Bridge, in Halifax, Nova Scotia United States * Mackay, Idaho, a city in Custer County People and fictional characters * Aeneas James George Mackay (1839–1911), a Scottish lawyer and historical writer * Charles Mackay (1814–1889), Scottish poet * Derek Mackay (born 1977), SNP politician * George Robert Aberigh-Mackay (1848–1881), Anglo-Indian writer * Shena Mackay (born 1944), Scottish author * McKay as surname (list of people) * McKay (given name) Other *Mackay Trophy, named in honour of Clarence Mackay, awarded annually by the US Air Force for the "Most Merito ...
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Colin Blackburn, Baron Blackburn
Colin Blackburn, Baron Blackburn, (18 May 1813 – 8 January 1896) was a Scottish judge who is remembered as one of the greatest exponents of the common law. At one point, Blackburn was a judge in the Court of Exchequer Chamber. On 16 October 1876, he became the first person to be made a law lord under the terms of the newly passed Appellate Jurisdiction Act. Life He was the second son of John Blackburn of Killearn, Stirlingshire, and Rebecca, daughter of the Rev. Colin Gillies. He was born on 18 May 1813. His elder brother, Peter Blackburn, represented Stirlingshire in the conservative interest in the parliament of 1859–65. His younger brother was the mathematician Hugh Blackburn. The future judge was educated at the Edinburgh Academy, Eton and Trinity College, Cambridge, in which university he graduated B.A. (eighth wrangler) in 1835, and proceeded M.A. in 1838. In 1870, he received the honorary degree of LL.D. from the University of Edinburgh. Admitted on 20 April 1835, st ...
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Measures Bros Ltd V Measures
Measure may refer to: * Measurement, the assignment of a number to a characteristic of an object or event Law * Ballot measure, proposed legislation in the United States * Church of England Measure, legislation of the Church of England * Measure of the National Assembly for Wales, primary legislation in Wales * Assembly Measure of the Northern Ireland Assembly (1973) Science and mathematics * Measure (data warehouse), a property on which calculations can be made * Measure (mathematics), a systematic way to assign a number to each suitable subset of that set * Measure (physics), a way to integrate over all possible histories of a system in quantum field theory * Measure (termination), in computer program termination analysis * Measuring coalgebra, a coalgebra constructed from two algebras * Measure (Apple), an iOS augmented reality app Other uses * ''Measure'' (album), by Matt Pond PA, 2000, and its title track * Measure (bartending) or jigger, a bartending tool use ...
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Stirling V Maitland
Stirling (; sco, Stirlin; gd, Sruighlea ) is a city in central Scotland, northeast of Glasgow and north-west of Edinburgh. The market town, surrounded by rich farmland, grew up connecting the royal citadel, the medieval old town with its merchants and tradesmen, the Old Bridge and the port. Located on the River Forth, Stirling is the administrative centre for the Stirling council area, and is traditionally the county town of Stirlingshire. Proverbially it is the strategically important "Gateway to the Highlands". It has been said that "Stirling, like a huge brooch clasps Highlands and Lowlands together". Similarly "he who holds Stirling, holds Scotland" is often quoted. Stirling's key position as the lowest bridging point of the River Forth before it broadens towards the Firth of Forth made it a focal point for travel north or south. When Stirling was temporarily under Anglo-Saxon sway, according to a 9th-century legend, it was attacked by Danish invaders. The sound of a w ...
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Mark Romer, Baron Romer
Mark Lemon Romer, Baron Romer, PC (9 August 1866 – 19 August 1944) was a British barrister and judge. Biography Romer was born in Crawley, Sussex, the second son of Sir Robert Romer, later a Lord Justice of Appeal, and Betty, née Lemon, daughter of Mark Lemon, founding editor of ''Punch''. He was educated at Rugby and Trinity Hall, Cambridge, where he read Mathematics, graduating as a junior optime. He was called to the bar by Lincoln's Inn in 1890. Practicing at the Chancery bar, he was made a King's Counsel in 1906 and attached himself to the court of Mr Justice Parker, then that of Mr Justice Sargant when Parker was elevated to the House of Lords. Romer was appointed a judge of the Chancery Division of the High Court in 1922, in succession to Sir Arthur Frederick Peterson, and received the customary knighthood the same year. In 1929, he was made a Lord Justice of Appeal and sworn of the Privy Council. On 5 January 1938, he was appointed a Lord of Appeal in Ordina ...
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