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The Hong Kong Fir
''Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd'' 9622 QB 26 is a landmark English contract law case. It introduced the concept of innominate terms, a category between "warranties" and "conditions". Under the English sale of goods principles, a condition is a term whose breach entitles the injured party to repudiate the contract, but a breach of warranty shall give rise only to damages. In this case, Diplock LJ proposed that some terms could lead ''either'' to the right to terminate a contract as a remedy, ''or'' to the mere entitlement to damages (without a right to terminate). What mattered was not whether a particular contract term was called a "warranty" or a "condition", but how serious was the breach of the term. In short, the test for whether or not one may repudiate has now become, "does the breach deny the claimant the main benefit of the contract?" However, modern commercial custom has since established that some breaches, such as failure to meet a "no ...
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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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Paradine V Jane
''Paradine v Jane'' 647EWHC KB J5is an English contract law case which established absolute Legal liability">liability for contractual debts. Facts This action grew out of the English Civil War. Prince Rupert of the Rhine, Prince Rupert was commander of the armies of his uncle, Charles I of England, King Charles I. Forces on both sides often looted the estates of the Nobility, nobles for the purpose of gaining supplies. On July 19, 1643, the British Royalist forces, known as the Cavaliers, took possession of land owned by the plaintiff, Paradine, which was under lease to the defendant, Jane. The Royalists held the land for three years, finally relinquishing it in 1646 after the remaining Royalist resistance collapsed. Paradine brought suit against Jane to recover for breach of the lease: In debt the plaintiff declares upon a lease for years rendering rent at the four usual feasts; and for rent behind for three years, ending at the Feast of the A ...
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Ford V Tiley
Ford commonly refers to: * Ford Motor Company, an automobile manufacturer founded by Henry Ford * Ford (crossing), a shallow crossing on a river Ford may also refer to: Ford Motor Company * Henry Ford, founder of the Ford Motor Company * Ford Foundation, established by Henry and Edsel * Ford Australia * Ford Brasil * Changan Ford * Ford Motor Company of Canada, Canadian subsidiary * Ford of Britain * Ford of Europe, the successor of British, German and Irish subsidiaries * Ford Germany * Ford Lio Ho * Ford New Zealand * Ford Motor Company Philippines * Ford Romania * Ford SAF, the French subsidiary between 1916 and 1954 * Ford Motor Company of South Africa * Fordson, the tractor and truck manufacturing arm of the Ford Motor Company * Ford Vietnam * Ford World Rally Team (aka Ford Motor Co. Team prior to 2005), Ford Motor Company's full factory World Rally Championship team (1978–2012) * Ford Performance * Henry Ford & Son Ltd, Ireland * List of Ford vehicles, models referred to ...
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Short V Stone
Short may refer to: Places * Short (crater), a lunar impact crater on the near side of the Moon * Short, Mississippi, an unincorporated community * Short, Oklahoma, a census-designated place People * Short (surname) * List of people known as the Short Arts, entertainment, and media * Short film, a cinema format (also called film short or short subject) * Short story, prose generally readable in one sitting * ''The Short-Timers'', a 1979 semi-autobiographical novel by Gustav Hasford, about military short-timers in Vietnam Brands and enterprises * Short Brothers, a British aerospace company * Short Brothers of Sunderland, former English shipbuilder Computing and technology * Short circuit, an accidental connection between two nodes of an electrical circuit * Short integer, a computer datatype Finance * Short (finance), stock-trading position * Short snorter, a banknote signed by fellow travelers, common during World War II Foodstuffs * Short pastry, one which is rich in butte ...
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Boone V Eyre
''Boone v Eyre'' (1777) 1 H Bl 273 is an English contract law case concerned with substantial performance and conditions precedent.Swarbrick, D.Boone v Eyre: 1777 updated 14 May 2021, accessed 26 May 2021 Facts The plaintiff sued the defendant for not paying a £160 annuity (for life) for a plantation in the West Indies that came with a group of slaves, after an initial payment of £500. The defendant contended that when the plaintiff made the deed, the plaintiff did not lawfully possess the slaves, and therefore had no good title. Therefore, the defendant was arguing he had the right to terminate the agreement and cease performance. Judgment Lord Mansfield said the following: 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 ... References {{refli ...
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Lord Mansfield
William Murray, 1st Earl of Mansfield, PC, SL (2 March 170520 March 1793) was a British barrister, politician and judge noted for his reform of English law. Born to Scottish nobility, he was educated in Perth, Scotland, before moving to London at the age of 13 to take up a place at Westminster School. He was accepted into Christ Church, Oxford, in May 1723, and graduated four years later. Returning to London from Oxford, he was called to the Bar by Lincoln's Inn on 23 November 1730, and quickly gained a reputation as an excellent barrister. He became involved in politics in 1742, beginning with his election as a Member of Parliament for Boroughbridge, now in North Yorkshire, and appointment as Solicitor General. In the absence of a strong Attorney General, he became the main spokesman for the government in the House of Commons, and was noted for his "great powers of eloquence" and described as "beyond comparison the best speaker" in the House of Commons. With the promotion o ...
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Thorpe V Thorpe
Thorpe is a variant of the Middle English word ''thorp'', meaning hamlet or small village. Thorpe may refer to: People * Thorpe (surname), including a list of people with the name Places England *Thorpe, Cumbria *Thorpe, Derbyshire * Thorpe, East Lindsey, Lincolnshire *Thorpe, East Riding of Yorkshire *Thorpe, North Yorkshire *Thorpe, Nottinghamshire *Thorpe, Surrey *Thorpe by Trusthorpe, Lincolnshire *Thorpe Hamlet, Norwich, Norfolk *Thorpe Hesley, South Yorkshire *Thorpe in Balne, South Yorkshire *Thorpe in the Fallows, Lincolnshire *Thorpe Latimer, Lincolnshire *Thorpe-le-Soken, Essex *Thorpe le Street, East Riding of Yorkshire *Thorpe on the Hill, Lincolnshire *Thorpe on the Hill, West Yorkshire *Thorpe St Andrew, Norfolk *Thorpe St Peter, Lincolnshire *Thorpe Tilney, Lincolnshire *Thorpe Waterville, Northamptonshire *Thorpe Willoughby, North Yorkshire Elsewhere *Thorpe, Missouri, a community in the United States See also *Littlethorpe, Leicestershire, England *Littleth ...
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Common Law Procedure Act 1852
Common may refer to: Places * Common, a townland in County Tyrone, Northern Ireland * Boston Common, a central public park in Boston, Massachusetts * Cambridge Common, common land area in Cambridge, Massachusetts * Clapham Common, originally common land, now a park in London, UK * Common Moss, a townland in County Tyrone, Northern Ireland * Lexington Common, a common land area in Lexington, Massachusetts * Salem Common Historic District, a common land area in Salem, Massachusetts People * Common (rapper) (born 1972), American hip hop artist, actor, and poet * Andrew Ainslie Common (born 1841), English amateur astronomer * Andrew Common (born 1889), British shipping director * John Common, American songwriter, musician and singer * Thomas Common (born 1850), Scottish translator and literary critic Arts, entertainment, and media * ''Common'' (film), a 2014 BBC One film, written by Jimmy McGovern, on the UK's Joint Enterprise Law * Dol Common, a character in ''The Alchemist'' b ...
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Jackson V Union Marine Insurance
''Jackson v Union Marine Insurance'' (1874) 10 Common Pleas 125 is an early English contract law case concerning the right to terminate an agreement. Facts Mr. Jackson owned a ship - the ''Spirit of the Dawn''. In November 1871 he entered a charter-party for the ship to go from Liverpool to Newport, and load iron rails, which were going to be used for a new line in San Francisco. Mr Jackson also had an insurance policy with Union Marine Insurance, which covered losses for "perils of the sea". The ship left on 2 January 1872 but ran aground in Carnarvon Bay the next day. She needed repairs until August. The charterers on 15 February secured another ship to carry the rails. Jackson brought an action on the insurance policy on the chartered freight. The jury held that the delay for repairs was so long that it brought the contract in a commercial sense to an end. Judgment Bramwell B held with the majority (Blackburn J, Mellor J, Lush J and Amphlett B) that the jury had been correc ...
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Baron Bramwell
Baron is a rank of nobility or title of honour, often hereditary, in various European countries, either current or historical. The female equivalent is baroness. Typically, the title denotes an aristocrat who ranks higher than a lord or knight, but lower than a viscount or count. Often, barons hold their fief – their lands and income – directly from the monarch. Barons are less often the vassals of other nobles. In many kingdoms, they were entitled to wear a smaller form of a crown called a ''coronet''. The term originates from the Latin term , via Old French. The use of the title ''baron'' came to England via the Norman Conquest of 1066, then the Normans brought the title to Scotland and Italy. It later spread to Scandinavia and Slavic lands. Etymology The word ''baron'' comes from the Old French , from a Late Latin "man; servant, soldier, mercenary" (so used in Salic law; Alemannic law has in the same sense). The scholar Isidore of Seville in the 7th century thoug ...
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