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The Medina
''The Medina'' (1876) 2 PD 5 is an English contract law case, regarding the voidability of an agreement and a restitutionary award where the court finds that agreement is procured under extortionate circumstances. Facts On a voyage from Singapore to Jeddah, ''The Medina'' hit Parkin Rock, part of the Hanish Islands in the Red Sea, and was wrecked. It had 550 pilgrims on board, who were taken by lifeboats to the rocks. ''The Timor'' answered a distress signal but refused to take the refugees to Jedda unless the master of ''The Medina'' paid £4000. The master agreed. But when they were safe, the master refused to pay. The captain of ''The Timor'' claimed the money in court. Judgment The Court of Appeal held that the £4000 was excessive, and so only £1800 would be awarded. James LJ said it was ‘a very exorbitant sum for only a few days’ work… having regard to the particular circumstances, that pressure was exercised’. Baggallay JA said it was ‘very large in comparis ...
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Exploitation Of Natural Resources
The exploitation of natural resources is the use of natural resources for economic growth, sometimes with a negative connotation of accompanying environmental degradation. It started to emerge on an industrial scale in the 19th century as the extraction and processing of raw materials (such as in mining, steam power, and machinery) developed much further than it had in preindustrial areas. During the 20th century, energy consumption rapidly increased. Today, about 80% of the world's energy consumption is sustained by the extraction of fossil fuels, which consists of oil, coal and natural gas. Another non-renewable resource that is exploited by humans is subsoil minerals such as precious metals that are mainly used in the production of industrial commodities. Intensive agriculture is an example of a mode of production that hinders many aspects of the natural environment, for example the degradation of forests in a terrestrial ecosystem and water pollution in an aquatic ecosy ...
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Restitution
The law of restitution is the law of gains-based recovery, in which a court orders the defendant to ''give up'' their gains to the claimant. It should be contrasted with the law of compensation, the law of loss-based recovery, in which a court orders the defendant to ''pay'' the claimant for their loss. Evolving Meaning ''American Jurisprudence'' 2d edition notes: Legal vs Equitable Remedy Restitution may be either a legal remedy or an equitable remedy, "depend ngupon the basis for the plaintiff's claim and the nature of the underlying remedies sought". Generally, restitution and equitable tracing is an equitable remedy when the money or property wrongfully in the possession of defendant is traceable (i.e., can be tied to "particular funds or property"). In such a case, restitution comes in the form of a constructive trust or equitable lien. Where the particular property at issue cannot be particularly identified, restitution is a legal remedy. This occurs, for example ...
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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 ...
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Singapore
Singapore (), officially the Republic of Singapore, is a sovereign island country and city-state in maritime Southeast Asia. It lies about one degree of latitude () north of the equator, off the southern tip of the Malay Peninsula, bordering the Strait of Malacca to the west, the Singapore Strait to the south, the South China Sea to the east, and the Straits of Johor to the north. The country's territory is composed of one main island, 63 satellite islands and islets, and one outlying islet; the combined area of these has increased by 25% since the country's independence as a result of extensive land reclamation projects. It has the third highest population density in the world. With a multicultural population and recognising the need to respect cultural identities of the major ethnic groups within the nation, Singapore has four official languages: English, Malay, Mandarin, and Tamil. English is the lingua franca and numerous public services are available only in Eng ...
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Jeddah
Jeddah ( ), also spelled Jedda, Jiddah or Jidda ( ; ar, , Jidda, ), is a city in the Hejaz region of the Kingdom of Saudi Arabia (KSA) and the country's commercial center. Established in the 6th century BC as a fishing village, Jeddah's prominence grew in 647 when the Caliph Osman made it a major port for Indian Ocean trade routes, channelling goods to Mecca, and to serve Muslim travelers for Islamic pilgrimage. Since those times, Jeddah has served as the gateway for millions of pilgrims who have arrived in Saudi Arabia, traditionally by sea and recently by air. With a population of about 4,697,000 people as of 2021, Jeddah is the largest city in Makkah Province, the largest city in Hejaz, the second-largest city in the Saudi Arabia (after the capital Riyadh), and the ninth-largest in the Middle East. It also serves as the administrative centre of the OIC. Jeddah Islamic Port, on the Red Sea, is the thirty-sixth largest seaport in the world and the second-largest and s ...
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Parkin Rock
Parkin may refer to: * Parkin (cake), a type of cake * Parkin (protein), a ligase * Parkin (surname), people with the surname ''Parkin'' * Parkin, a brand name of the drug trihexyphenidyl * Parkin, a brand name of the drug profenamine Places * Parkin, Arkansas, a city in the United States ** Parkin Archeological State Park in Parkin, Arkansas, also known as ''Parkin Site'' See also * Parkan, a brand name of the drug budipine Budipine (brand name Parkinsan) is an antiparkinson agent marketed for the treatment of Parkinson's disease. While its exact mechanism of action is not well characterized, it is believed to be an NMDA receptor antagonist, but also promoting the ...
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Hanish Islands
The Hanish Islands ( ar, جزر حنيش, ) is an archipelago in the Red Sea consisting of a trio of major islands at the centre of an array of smaller islets and rocks. The three major islands are the northern Zuqar Island, the southern Great Anish (Al-anīsh al-Kabīr), and the significantly smaller Little Anish (Al-anīsh al-Ṣaghīr) in between. The archipelago is largely under the control of Yemen, with only several small south-western rocks and islets granted to Eritrea following the Hanish Islands conflict in 1996. History The Ottoman Empire exercised claim over the Hanish archipelago until its dissolution following World War I, after which the sovereignty and political status of the islands were left indeterminate by the 1923 Treaty of Lausanne. Italy exercised loose control over the fishermen frequenting the archipelago through its geographical proximity to Italian Eritrea, until the country's occupation by the British in 1915 to "forestall the Italians". The ...
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Red Sea
The Red Sea ( ar, البحر الأحمر - بحر القلزم, translit=Modern: al-Baḥr al-ʾAḥmar, Medieval: Baḥr al-Qulzum; or ; Coptic: ⲫⲓⲟⲙ ⲛ̀ϩⲁϩ ''Phiom Enhah'' or ⲫⲓⲟⲙ ⲛ̀ϣⲁⲣⲓ ''Phiom ǹšari''; Tigrinya: ቀይሕ ባሕሪ ''Qeyih Bahri''; ) is a seawater inlet of the Indian Ocean, lying between Africa and Asia. Its connection to the ocean is in the south, through the Bab el Mandeb strait and the Gulf of Aden. To its north lie the Sinai Peninsula, the Gulf of Aqaba, and the Gulf of Suez (leading to the Suez Canal). It is underlain by the Red Sea Rift, which is part of the Great Rift Valley. The Red Sea has a surface area of roughly 438,000 km2 (169,100 mi2), is about 2250 km (1398 mi) long, and — at its widest point — 355 km (220.6 mi) wide. It has an average depth of 490 m (1,608 ft), and in the central ''Suakin Trough'' it reaches its maximum depth of . The Red Sea also has exten ...
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Boardman V Phipps
''Boardman v Phipps'' 966UKHL 2is a landmark English trusts law case concerning the duty of loyalty and the duty to avoid conflicts of interest. Facts Tom Boardman, Baron Boardman, Mr Tom Boardman was the solicitor of a family trust.See the case report at 9672 AC 46 The trust assets include a 27% holding in a company (a textile company with factories in Coventry, Nuneaton and in Australia through a subsidiary). Boardman was concerned about the accounts of the company, and thought that to protect the trust a majority shareholding is required. He and a beneficiary, Tom Phipps, went to a shareholders' general meeting of the company. They realised together that they could turn the company around. They suggested to a trustee (Mr Fox) that it would be desirable to acquire a majority shareholding, but Fox said it was completely out of the question for the trustees to do so. With the knowledge of the trustees, Boardman and Phipps decided to purchase the shares themselves. They bought a ...
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Alec Lobb Garages Ltd V Total Oil (GB) Ltd
is an English contract law case relating to undue influence. Facts Mr. Lobb was the managing director of a small petrol station in South Street, Braintree, Essex. It had to buy petrol only from British branch of French oil company Total S.A. In 1969 he was in financial difficulty. Contrary to his solicitor's advice, he entered into a lease and lease back arrangement with a new tie agreement with Total Oil. This proved costly. Eventually he paid off debts and ten years after sought the agreement to be set aside as being a restraint of trade and unconscionable. In the High Court, Mr Peter Millett QC, sitting as a deputy High Court judge, held that the agreement could not be set aside, and Mr Lobb appealed. This is similar to the case of ''Feras zob kabber v. Zaid'' (2011). Judgment Dillon LJ held it was not a restraint of trade or an unconscionable bargain and even if it had been, it would have been barred by laches anyway. See also *English contract law *Iniquitous press ...
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Interfoto V Stiletto
''Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd'' 987EWCA Civ 6is an English contract law case on onerous clauses and the rule of common law that reasonable notice of them must be given to a contracting party in order that they be effective. It also addressed, but did not decide, the position of onerous clauses as disguised penalties (which are ineffective at common law). Facts Interfoto delivered 47 photographic transparencies to Stiletto in a jiffy bag. Stiletto was planning to use them for a presentation, but in the event it did not. It never opened the transparency bag or read Interfoto's standard terms and conditions, which were inside the bag. Condition 2 said there was a holding fee of £5 per transparency for each day over fourteen days. After around a month, Interfoto sent a bill for £3,783.50. Judgment The Court of Appeal held that the holding fee was ineffective. Dillon LJ said that a ‘particularly onerous or unusual’ term must have special notic ...
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