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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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of England And Wales
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lord Chief Justice and the Master of the Rolls and Records of the Chancery of England respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court, High Court of Justice and Family Court. Permission to appeal is normally required from either the lower court or the Court of Appeal itself; and with permission, further appeal may lie to the Supreme Court. The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bowen LJ
Charles Synge Christopher Bowen, Baron Bowen, (1 January 1835 – 10 April 1894) was an English judge. Early life Bowen was born at Woolaston in Gloucestershire – his father, Rev. Christopher Bowen, originally of Hollymount, County Mayo, being then curate of the parish and his mother, Catherine Steele (1807/8–1902); his younger brother was Edward Ernest Bowen, a long-serving Harrow schoolmaster. He was educated at Lille in France, Blackheath and Rugby schools, leaving the latter in 1853 having won a scholarship to Balliol College, Oxford. There he made good his earlier academic promise, winning the principal classical scholarships and prizes of his time. He was elected a Fellow of Balliol in 1857 while an undergraduate and became President of the Oxford Union in 1858. Career From Oxford, Bowen went to London, where he was called to the bar at Lincoln's Inn in 1861, and while studying law he wrote regularly for the '' Saturday Review'', and also later for ''The Spectat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Implied Term
A contractual term is "any provision forming part of a contract". Each term gives rise to a contractual obligation, the breach of which may give rise to litigation. Not all terms are stated expressly and some terms carry less legal gravity as they are peripheral to the objectives of the contract. The terms of a contract are the essence of a contract, and tell the reader what the contract will do. For instance, the price of a good, the time of its promised delivery and the description of the good will all be terms of the contract. Classification of term Condition or Warranty Conditions are major provision terms that go to the very root of a contract breach of which means there has been substantial failure to perform a basic element in the agreement. Breach of a condition will entitle the innocent party to terminate the contract. A warranty is less imperative than a condition, so the contract will survive a breach. Breach of either a condition or a warranty will give rise to dama ... [...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 (such as Australia, Canada, 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 voluntary obligation, contrasting to the duty to not violate others rights in tort or 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 human rights. Generally a contract forms when one person makes an offer, and another person accepts it by communicating their assent or performing the offer's terms. If the terms are certain, and the parties can be presumed from their beha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Distinguish
The ruling made by the judge or panel of judges must be based on the evidence at hand and the standard binding precedents covering the subject-matter (they must be ''followed''). Definition In law, to distinguish a case means a court decides the holding or legal reasoning of a precedent case will not apply due to materially different facts between the two cases. Two formal constraints constrain the later court: the expressed relevant factors (also known as considerations, tests, questions or determinants) in the ''ratio'' (legal reasoning) of the earlier case must be recited or their equivalent recited or the earlier case makes an exception for their application in the circumstances otherwise it envisages, and the ruling in the later case must not expressly doubt (criticise) the result reached in the precedent case.Lamond, Grant"Precedent and Analogy in Legal Reasoning: 2.1 Precedents as laying down rules:2.1.2 The practice of distinguishing". ''Stanford Encyclopedia of Philos ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Plaintiff
A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order (e.g., an order for damages). "Plaintiff" is the term used in civil cases in most English-speaking jurisdictions, the notable exceptions being England and Wales, where a plaintiff has, since the introduction of the Civil Procedure Rules in 1999, been known as a "claimant" and Scotland, where the party has always been known as the "pursuer". In criminal cases, the prosecutor brings the case against the defendant, but the key complaining party is often called the "complainant". In some jurisdictions, a lawsuit is commenced by filing a summons, claim form or a complaint. These documents are known as pleadings, that set forth the alleged wrongs committed by the defendant or defendants wi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wharfinger
Wharfinger (pronounced ''wor-fin-jer)'' is an archaic term for a person who is the keeper or owner of a wharf. The wharfinger takes custody of and is responsible for goods delivered to the wharf, typically has an office on the wharf or dock, and is responsible for day-to-day activities including slipways, keeping tide tables and resolving disputes. The term is rarely used; today a wharfinger is usually called a "harbourmaster". Etymology The word's etymology is probably Elizabethan-era English, and possibly a corruption of ''wharfager''. An 1844 usage appears in Pigot's Directory of Dorset in which Beales and Cox are noted to be wharfingers for the Port of Weymouth. Duties In Smith v. Burnett, 173 U.S. 430 (1899), the US Supreme Court set forth the primary duties a wharfinger owes to vessels using the dock. A wharfinger does not guarantee the safety of the vessels using its dock, but must exercise reasonable diligence to determine the condition of the berth, remove dangerous ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Charles Bowen, Baron Bowen
Charles Synge Christopher Bowen, Baron Bowen, (1 January 1835 – 10 April 1894) was an English judge. Early life Bowen was born at Woolaston in Gloucestershire – his father, Rev. Christopher Bowen, originally of Hollymount, County Mayo, being then curate of the parish and his mother, Catherine Steele (1807/8–1902); his younger brother was Edward Ernest Bowen, a long-serving Harrow schoolmaster. He was educated at Lille in France, Blackheath and Rugby schools, leaving the latter in 1853 having won a scholarship to Balliol College, Oxford. There he made good his earlier academic promise, winning the principal classical scholarships and prizes of his time. He was elected a Fellow of Balliol in 1857 while an undergraduate and became President of the Oxford Union in 1858. Career From Oxford, Bowen went to London, where he was called to the bar at Lincoln's Inn in 1861, and while studying law he wrote regularly for the '' Saturday Review'', and also later for '' T ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Implied Terms In English Law
Implied terms in English law are default rules for contracts on points where the terms which contracting parties expressly choose are silent, or mandatory rules which operate to override terms that the parties may have themselves chosen. The purpose of implied terms is often to supplement a contractual agreement in the interest of making the deal effective for the purpose of business, to achieve fairness between the parties or to relieve hardship. Terms may be implied into contract through statutes, custom or by the courts. When implied by statute, Parliament may well make certain terms compulsory. The examples are numerous. For instance, the National Minimum Wage Act 1998, provides that in any contract for work, the worker must be paid according to a minimum wage set by Parliament (£6.19 per hour for workers aged 21 or over as of October 2012). Another example is that under the Unfair Contract Terms Act 1977, liability can only be excluded when reasonable in contracts among busi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Implied Terms 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 * E ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1889 In British Law
Events January–March * January 1 ** The total solar eclipse of January 1, 1889 is seen over parts of California and Nevada. ** Paiute spiritual leader Wovoka experiences a vision, leading to the start of the Ghost Dance movement in the Dakotas. * January 4 – An Act to Regulate Appointments in the Marine Hospital Service of the United States is signed by President Grover Cleveland. It establishes a Commissioned Corps of officers, as a predecessor to the modern-day U.S. Public Health Service Commissioned Corps. * January 5 – Preston North End F.C. is declared the winner of the inaugural Football League in England. * January 8 – Herman Hollerith receives a patent for his electric tabulating machine in the United States. * January 15 – The Coca-Cola Company is originally incorporated as the Pemberton Medicine Company in Atlanta, Georgia. * January 22 – Columbia Phonograph is formed in Washington, D.C. * January 30 – Rudolf, Crown Prince of Austria and hi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1889 In Case Law
Events January–March * January 1 ** The total solar eclipse of January 1, 1889 is seen over parts of California and Nevada. ** Paiute spiritual leader Wovoka experiences a vision, leading to the start of the Ghost Dance movement in the Dakotas. * January 4 – An Act to Regulate Appointments in the Marine Hospital Service of the United States is signed by President Grover Cleveland. It establishes a Commissioned Corps of officers, as a predecessor to the modern-day U.S. Public Health Service Commissioned Corps. * January 5 – Preston North End F.C. is declared the winner of the inaugural Football League in England. * January 8 – Herman Hollerith receives a patent for his electric tabulating machine in the United States. * January 15 – The Coca-Cola Company is originally incorporated as the Pemberton Medicine Company in Atlanta, Georgia. * January 22 – Columbia Phonograph is formed in Washington, D.C. * January 30 – Rudolf, Crown Prince of Austria and hi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
