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The Great Peace
''Great Peace Shipping Ltd v Tsavliris (International) Ltd'' [2002EWCA Civ 1407(also known as ''The Great Peace'') is a case on English contract law and on maritime salvage. It investigates when a Mistake (contract law)#Common mistake, common mistake within a contractual agreement will render it void. It is notable for its Mechanisms of the English common law, "disapproval" of ''Solle v Butcher'', a 1950 Court of Appeal case in which Lord Denning had established a doctrine of "equitable mistake". ''Great Peace'' ruled that the thinking underlying ''Solle v. Butcher'' "could not stand in the face of the earlier decision of the House of Lords in '' Bell v. Lever Bros.''".Martin-Clark, D.'Great Peace' accessed 21 March 2023 Facts The defendants, Tsavliris, were professional salvors in the business of maritime salvage and rendering aid to ships in difficulty in the South Indian Ocean. Learning that a vessel named ''Cape Providence'' was in trouble, Tsavliris entered into a salvage ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nicholas Phillips, Baron Phillips Of Worth Matravers
Nicholas Addison Phillips, Baron Phillips of Worth Matravers, (born 21 January 1938) is a British former senior judge. Phillips was the inaugural President of the Supreme Court of the United Kingdom, holding office between October 2009 and October 2012. He was the last Senior Lord of Appeal in Ordinary and the first Lord Chief Justice of England and Wales to be head of the English judiciary when that function was transferred from the Lord Chancellor in April 2006. Before his chief justiceship, he was Master of the Rolls from 2000 to 2005. He sits as a crossbencher. Early life Phillips was born 21 January 1938. He was educated at Bryanston School (where he was appointed a governor of the school in 1975, he has been chairman of its governors since 1981). He undertook National Service with the Royal Navy and the Royal Naval Volunteer Reserve, being commissioned as an officer. After two years' military service he went to King's College, Cambridge, where he read law. In 1962, he w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South Indian Ocean
The Indian Ocean is the third-largest of the world's five oceanic divisions, covering or ~19.8% of the water on Earth's surface. It is bounded by Asia to the north, Africa to the west and Australia to the east. To the south it is bounded by the Southern Ocean or Antarctica, depending on the definition in use. Along its core, the Indian Ocean has some large marginal or regional seas such as the Arabian Sea, Laccadive Sea, Bay of Bengal, and Andaman Sea. Etymology The Indian Ocean has been known by its present name since at least 1515 when the Latin form ''Oceanus Orientalis Indicus'' ("Indian Eastern Ocean") is attested, named after India, which projects into it. It was earlier known as the ''Eastern Ocean'', a term that was still in use during the mid-18th century (see map), as opposed to the ''Western Ocean'' (Atlantic) before the Pacific was surmised. Conversely, Chinese explorers in the Indian Ocean during the 15th century called it the Western Oceans. In Ancient Greek ... [...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] |
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 * ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cooper V Phibbs
''Cooper v Phibbs'' 867UKHL 1is an English contract law case, concerning the doctrine of mistake. Facts An uncle told his nephew, not intending to misrepresent anything, but being in fact in error, that he (the uncle) was entitled to a fishery. The nephew, after the uncle's death, acting in the belief of the truth of what the uncle had told him, entered into an agreement to rent the fishery from the uncle's daughters. However, the fishery actually belonged to the nephew himself. After the uncle died, the lease was renewed through Mr Cooper’s aunt, via her three daughters, Cooper’s cousins, and Mr Phibbs acting as their agent. The aunt, three sisters, and Mr Cooper, had all assumed that they were entitled to the land through a right of inheritance. In fact, Cooper was truly entitled to an equitable residual interest, because the uncle in his will had granted Cooper a life tenancy. When the sisters asked for the next rental payment, this had transpired and Mr Cooper sought a d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Impossibility
In contract law, impossibility is an excuse for the nonperformance of duties under a contract, based on a change in circumstances (or the discovery of preexisting circumstances), the nonoccurrence of which was an underlying assumption of the contract, that makes performance of the contract literally impossible. For example, if Ebenezer contracts to pay Erasmus £100 to paint his house on October 1, but the house burns to the ground before the end of September, Ebenezer is excused from his duty to pay Erasmus the £100, and Erasmus is excused from his duty to paint Ebenezer's house; however, Erasmus may still be able to sue under the theory of unjust enrichment for the value of any benefit he conferred on Ebenezer before his house burned down. The parties to a contract may choose to ignore impossibility by inserting a hell or high water clause, which mandates that payments continue even if completion of the contract becomes physically impossible. In common law, for the defe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Alverstone CJ
Richard Everard Webster, 1st Viscount Alverstone, (22 December 1842 – 15 December 1915) was a British barrister, politician and judge who served in many high political and judicial offices. Background and education Webster was the second son of Thomas Webster QC. He was educated at King's College School and Charterhouse, and Trinity College, Cambridge. He was well known as an athlete in his earlier years, having represented his university in the first Inter- Varsity steeplechase and as a runner. As such, the Cambridge University Alverstone Club is named in his honour, and makes a pilgrimage to Alverstone, Isle of Wight, every 4 years. His interest in cricket and foot-racing was maintained in later life. He refereed races for the early Amateur Athletic Club and set rules for long jump and shot put. He was President of Surrey County Cricket Club from 1895 until his death, and of the Marylebone Cricket Club in 1903. Legal, judicial and political career Webster was called to t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Blakeley V Muller & Co
Blakeley may refer to: People *Blakeley (surname) Places in the United States Areas and settlements * Blakeley, Alabama, a ghost town * Blakeley Township, Scott County, Minnesota * Blakeley, New York, an unincorporated hamlet * Blakeley, Oregon, an unincorporated historic locale * Blakeley, Pennsylvania, a town in Lackawanna County, Pennsylvania * Blakeley, West Virginia, an unincorporated community Buildings * Blakeley Building, Lawrence, Massachusetts, on the National Register of Historic Places * Blakeley (West Virginia), an historic house near Charles Town, West Virginia Landforms * Blakeley River, Alabama * Blakeley Island (Alabama) * Blakeley Island, Washington Other uses * USS ''Blakeley'' (DD-150), a destroyer during World War II * ''Blakely v. Washington'', a 2004 United States Supreme Court decision See also * Blakeley Raise Blakeley Raise is a fell in the English Lake District, standing at 389m. Unlike its neighbours Grike, Crag Fell and Lank Rigg it is not l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
McRae V Commonwealth Disposals Commission
''McRae v Commonwealth Disposals Commission'',. is an Australian contract law case, relevant for English contract law, concerning the common mistake about the possibility of performing an agreement. Facts The Commonwealth Disposals Commission sold McRae a shipwreck of a tanker on the "Jourmand Reef", near Samarai supposedly containing oil. The McRae brothers went to Samarai and found no tanker, and that there was no such place as the Jourmand Reef. It later became clear that the Commission officer had made a 'reckless and irresponsible' mistake in thinking that they had a tanker to sell (the Court found that they had relied on mere gossip). The McRae brothers incurred considerable expense in fitting out a salvage operation. The McRae brothers commenced an action claiming damages against the Commission. First they claimed damages for breach of contract to sell a tanker at the location specified. Second, they claimed damages for fraudulent misrepresentation that there was a tan ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Anticipatory Repudiation
Anticipation is an emotion involving pleasure or anxiety in considering or awaiting an expected event. Anticipatory emotions include fear, anxiety, hope and trust. When the anticipated event fails to occur, it results in disappointment (if positive event) or relief (if negative event). As a defence mechanism Robin Skynner considered anticipation as one of "the mature ways of dealing with real stress.... You reduce the stress of some difficult challenge by anticipating what it will be like and preparing for how you are going to deal with it". There is evidence that "the use of mature defenses ( sublimation, anticipation) tended to increase with age", yet anticipation of negative events itself tends to decrease with age. Desire "Anticipation is the central ingredient in sexual desire." As "sex has a major cognitive component — the most important element for desire is positive anticipation". One name for pleasurable anticipation is excitement. More broadly, anticipation is a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lloyd's Open Form
The Lloyd's Open Form, formally "Lloyd's Standard Form of Salvage Agreement", and commonly referred to as the LOF, is a standard form contract for a proposed marine salvage operation. Originating in the late 19th century, the form is published by Lloyd's of London and is the most commonly used form for international salvage. Innovations in the LOF 1980 have engendered a major change in environmental salvage. The salvage reward After a stricken ship accepts an offer of salvage from a salvor, a binding contract is created. It is then normal to agree upon the LOF in the interests of certainty of terms. The LOF is called "open" because it specifies no particular sum for the salvage job. Indeed it may not specify a sum, as salvage is not a "contract for services", but an agreement to provide a service in the hope of a "reward" to be determined later by an arbitration hearing in London, where several KCs practising at the Admiralty Bar specialise as maritime arbitrators. When dete ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bell V Lever Brothers Ltd
''Bell v Lever Brothers Ltd'' 931UKHL 2is an English contract law case decided by the House of Lords. Within the field of Mistake in English contract law, mistake in English law, it holds that common mistake does not lead to a void contract unless the mistake is fundamental to the identity of the contract. Facts Lever Brothers Ltd (which merged in 1930 to become Unilever) was a company which traded in West Africa, through a 99% owned subsidiary called the Niger Company (formerly the Royal Niger Company). The Niger trade was in trouble. Lord Leverhulme, the owner of Lever Bros, hired D'Arcy Cooper (a Quaker and senior partner of his uncle's accountant firm, Cooper Brothers) to be the chairman and manage the crisis. Cooper negotiated a loan from Barclays Bank, which insisted that a professional management run the Niger subsidiary. Cooper hired his friend, Ernest Hyslop Bell, a senior Barclays manager in 1923 as chairman of the subsidiary. Mr Snelling, a tax consultant that had suc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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