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The Brimnes
''Tenax Steamship Co v Owners of the Motor Vessel Brimnes'' 974EWCA Civ 15is an English contract law case on agreement in English law">agreement. It decided that communication of withdrawal of an offer by telex is effective when it ''could'' be read, rather than when it is in fact read. Judgment The Court of Appeal held that it took place when it was received in the charterer's office, not when it was read. Accepting the submissions of Robert Goff QC, Edmund-Davies LJ said this in the course of his judgment.at 945-946 See also *English contract law English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries ... Notes {{DEFAULTSORT:Brimnes, The English agreement case law Court of Appeal (England and Wales) cases 1974 in case law 1974 in British law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Contract Law
English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth of Nations, Commonwealth (such as Australian contract law, Australia, Canadian contract law, Canada, Indian contract law, India), from membership in the European Union, continuing membership in Unidroit, and to a lesser extent the United States. Any agreement that is enforceable in court is a contract. A contract is a Voluntariness, voluntary Law of obligations, obligation, contrasting to the duty to not violate others rights in English tort law, tort or English unjust enrichment law, unjust enrichment. English law places a high value on ensuring people have truly consented to the deals that bind them in court, so long as they comply with statutory and UK human rights law, human rights. Generally a contract forms w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Agreement In English Law
In English contract law, an agreement establishes the first stage in the existence of a contract. The three main elements of contractual formation are whether there is (1) offer and acceptance (agreement) (2) consideration (3) an intention to be legally bound. One of the most famous cases on forming a contract is ''Carlill v Carbolic Smoke Ball Company'', decided in nineteenth-century England. A medical firm advertised that its new wonder drug, a smoke ball, would cure people's flu, and if it did not, buyers would receive £100. When sued, Carbolic argued the ad was not to be taken as a serious, legally binding offer. It was merely an invitation to treat, and a gimmick. But the court of appeal held that it would appear to a reasonable man that Carbolic had made a serious offer. People had given good "consideration" for it by going to the "distinct inconvenience" of using a faulty product. "Read the advertisement how you will, and twist it about as you will," said Lindley LJ, "here ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Telex
The telex network is a station-to-station switched network of teleprinters similar to a Public switched telephone network, telephone network, using telegraph-grade connecting circuits for two-way text-based messages. Telex was a major method of sending written messages electronically between businesses in the post–World War II period. Its usage went into decline as the fax machine grew in popularity in the 1980s. The term "telex" refers to the network, and sometimes the teleprinters (as "telex machines"), although point-to-point teleprinter systems had been in use long before telex exchanges were built in the 1930s. Teleprinters evolved from telegraph systems, and, like the telegraph, use binary signals, with mark and space logic represented by the presence or absence of a certain level of electric current. This differs from the analog telephone system, which used varying voltage to represent sound. For this reason, telex exchanges were entirely separate from the telephone sys ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robert Goff, Baron Goff Of Chieveley
Robert Lionel Archibald Goff, Baron Goff of Chieveley, (12 November 1926 – 14 August 2016) was an English barrister and judge who was Senior Lord of Appeal in Ordinary, the equivalent of today's President of the Supreme Court. Best known for establishing unjust enrichment as a branch of English law, he has been described by Andrew Burrows as "the greatest judge of modern times". Goff was the original co-author of ''Goff & Jones'', the leading English law textbook on restitution and unjust enrichment, first published in 1966. He practised as a commercial barrister from 1951 to 1975, following which he began his career as a judge. He was appointed to the Judicial Committee of the House of Lords in 1986. Goff was born in his mother's family home in Perthshire, Scotland, and was raised in Hampshire, England. He obtained a place at New College, Oxford, but was called up in December 1944 and served in the Scots Guards in Italy until going to Oxford in October 1948. He earned a fir ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Edmund Davies, Baron Edmund-Davies
Herbert Edmund Edmund-Davies, Baron Edmund-Davies, PC (15 July 1906 – 26 December 1992) was a British judge. Early life and career Born Herbert Edmund Davies at Mountain Ash ( cy, Aberpennar), Glamorgan (now in Rhondda Cynon Taf), Wales, he was the third son of Morgan John Davies and Elizabeth Maud Edmunds. Davies was educated at Mountain Ash Grammar School, King's College London where he received a first-class LLB and an LLB in 1926 and an LLD in 1928. Following this, he completed the BCL in 1929 at Exeter College, Oxford, where he received the Vinerian Scholarship. Called to the bar at Gray's Inn in 1929, he worked as examiner and lecturer at the London School of Economics in 1930 and 1931. During the Second World War, he served in the Army Officers' Emergency Reserve and in the Royal Welch Fusiliers. He was Recorder of Merthyr Tydfil from 1942 to 1944, of Swansea from 1944 to 1953 and of Cardiff from 1953 to 1958. Between 1953 and 1964, Davies was chairman of the Den ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scarf V Jardine
A scarf, plural ''scarves'', is a piece of fabric worn around the neck or head for warmth, sun protection, cleanliness, fashion, religious reasons, or used to show the support for a sports club or team. They can be made in a variety of different materials such as wool, linen, silk or cotton. It is a common type of neckwear. History Scarves have been worn since ancient times. In 1350BC Ancient Egypt, Queen Nefertiti is said to have worn a tightly-woven headscarf, and the Statue of Ashurnasirpal II from the 9th century BC features the emperor wearing a shawl. In Ancient Rome, the garment was used to keep clean rather than warm. It was called a focale or ''sudarium'' (sudarium from the Latin for "sweat cloth"), and was used to wipe the sweat from the neck and face in hot weather. They were originally worn by men around their neck or tied to their belt. Historians believe that during the reign of the Chinese Emperor Cheng, scarves made of cloth were used to identify officers or ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Car And Universal Finance Co Ltd V Caldwell
''Car and Universal Finance Co Ltd v Caldwell'' 9651 QB 525 is an English contract law case concerning misrepresentation. It holds that an unequivocal act communicating the wish to rescind a contract can override third party rights. The communication does not need to go to the misrepresentor. Facts Mr Caldwell owned a Jaguar. A rogue named 'Mr Norris' convinced him to sell it for a £965 cheque and a £10 deposit. On 13 January when he tried to cash the cheque it was dishonoured. Mr Caldwell told the police and the Automobile Association straight away. Mr Norris sold the car to some dealers, who sold it on, and it was sold on again and again to Car and Universal Finance Ltd. They bought the car in good faith without any notice. The question was whether Caldwell had validly rescinded before the car was acquired by a bona fide purchaser for value without notice? Judgment High Court Lord Denning MR (sitting in the Queen's Bench) said the contract was validly rescinded. It was so w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Entores Ltd V Miles Far East Corporation
''Entores Ltd v Miles Far East Corporation'' Court_of_Appeal_of_England_and_Wales">Court_of_Appeal_decision_in_contract_law_on_the_moment_of_offer_and_acceptance.html" "title="contract_law.html" ;"title="Court of Appeal of England and Wales">Court of Appeal decision in contract law">Court of Appeal of England and Wales">Court of Appeal decision in contract law on the moment of offer and acceptance">acceptance of a contract over telex. Denning LJ found that the regular postal rule did not apply for instantaneous means of communications such as a telex. Instead, acceptance occurs when and where the message of acceptance is received. Facts Entores was a London-based trading company that sent an offer by telex for the purchase of copper cathodes from a company based in Amsterdam. The Dutch company sent an acceptance by telex. The contract was not fulfilled and so Entores attempted to sue the owner of the Dutch company for damages. The controlling company, Entores, was based in the U ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alfred Denning, Baron Denning
Alfred Thompson "Tom" Denning, Baron Denning (23 January 1899 – 5 March 1999) was an English lawyer and judge. He was called to the bar of England and Wales in 1923 and became a King's Counsel in 1938. Denning became a judge in 1944 when he was appointed to the Probate, Divorce and Admiralty Division of the High Court of Justice, and transferred to the King's Bench Division in 1945. He was made a Lord Justice of Appeal in 1948 after less than five years in the High Court. He became a Lord of Appeal in Ordinary in 1957 and after five years in the House of Lords returned to the Court of Appeal as Master of the Rolls in 1962, a position he held for twenty years. In retirement he wrote several books and continued to offer opinions on the state of the common law through his writing and his position in the House of Lords. Margaret Thatcher said that Denning was "probably the greatest English judge of modern times". Denning's appellate work in the Court of Appeal did not concern ... [...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] |
Court Of Appeal (England And Wales) Cases
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordinar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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