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Victoria Laundry (Windsor) Ltd V Newman Industries Ltd
''Victoria Laundry (Windsor) Ltd v Newman Industries Ltd'' 9492 KB 528 is an English contract law case on the remoteness of damage principle. Facts Newman Industries Ltd was meant to deliver a boiler for Victoria Laundry (Windsor) Ltd. The delivery was five months late. As a result of not having enough laundry capacity, Victoria Laundry lost a lucrative contract from the Ministry of Supply. It issued for the ordinary profit that it had forgone through not having the boiler on time. The question was whether it could also claim the extraordinary profit it would have made, had it been able to take advantage of the lucrative Ministry of Supply contract. Judgment Asquith LJ in the Court of Appeal held that Newman Industries only had to compensate for the ordinary, not the extraordinary loss of profits. He distinguished (at p 543) losses from “particularly lucrative dyeing contracts” as a different type of loss which would only be recoverable if the defendant had sufficient knowl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cyril Asquith, Baron Asquith Of Bishopstone
Cyril Asquith, Baron Asquith of Bishopstone, PC (5 February 1890 – 24 August 1954) was an English barrister and judge who served as a Lord of Appeal in Ordinary from 1951 until his death three years later. The youngest child of British prime minister H. H. Asquith by his first wife, Cyril Asquith followed the steps of his father and eldest brother into a distinguished academic career at Balliol College, Oxford, before serving in the British Army during the First World War. After the war he practised, with modest success, at the common law bar until 1938, when he was appointed to the High Court. He was promoted to the Court of Appeal in 1946 and to the House of Lords in 1951. The same year he was offered the Lord Chancellorship by Winston Churchill, but declined the post. Asquith was widely regarded as possessing one of the finest minds on the bench, although his rapid rise, after an unremarkable career at the bar, was the cause for some adverse comment. According to the '' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Remoteness (law)
In English law, remoteness between a cause of action and the loss or damage sustained as a result is addressed through a set of rules in both tort and contract, which limit the amount of compensatory damages available for a wrong. In negligence, the test of causation not only requires that the defendant was the cause in fact, but also requires that the loss or damage sustained by the claimant was not too remote. As with the policy issues in establishing that there was a duty of care and that that duty was breached, remoteness is designed as a further limit on a cause of action to ensure that the liability to pay damages placed on the defendant is done fairly. Tort Directness The traditional approach was that once a breach in the duty of care had been established, a defendant was liable for all the consequent damage no matter how unusual or unpredictable that damage might be. In ''Re Polemis'' while docked, workers employed to unload the ship negligently dropped a plank into ... [...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] |
Ministry Of Supply
The Ministry of Supply (MoS) was a department of the UK government formed in 1939 to co-ordinate the supply of equipment to all three British armed forces, headed by the Minister of Supply. A separate ministry, however, was responsible for aircraft production, and the Admiralty retained responsibilities for supplying the Royal Navy.Hornby (1958) During the war years the MoS was based at Shell Mex House in The Strand, London. The Ministry of Supply also took over all army research establishments in 1939. The Ministry of Aircraft Production was abolished in 1946, and the MoS took over its responsibilities for aircraft, including the associated research establishments. In the same year, it also took on increased responsibilities for atomic weapons, including the H-bomb development programme. The Ministry of Supply was abolished in late 1959 and its responsibilities passed to the Ministry of Aviation, the War Office, and the Air Ministry. The latter two ministries were subsequently ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hadley V Baxendale
''Hadley & Anor v Baxendale'' ''& Ors'' 854EWHC J70is a leading English contract law case. It sets the leading rule to determine consequential damages from a breach of contract: a breaching party is liable for all losses that the contracting parties should have foreseen. However, if the other party has special knowledge that the party-in-breach does not, the breaching party is only liable for the losses that he could have foreseen on the information available to him. Facts The claimants, Mr Hadley and another, were millers and mealmen and worked together in a partnership. A crankshaft of a steam engine at the mill had broken and Hadley arranged to have a new one made by W. Joyce & Co. in Greenwich. Before the new crankshaft could be made, W. Joyce & Co. required that the broken crankshaft be sent to them in order to ensure that the new crankshaft would fit together properly with the other parts of the steam engine. Hadley contracted with defendants Baxendale and Ors to deliver t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Koufos V Czarnikow Ltd
''C Czarnikow Ltd v Koufos'' or ''The Heron II'' 9691 AC 350 is an English contract law case, concerning remoteness of damage. The House of Lords held that the " remoteness" test, as a limit to liability, is, in contract, more restrictive than it is in tort. Facts Koufos chartered a ship (the Heron II) from Czarnikow to bring 3,000 tons of sugar to Basra. It was nine days late. The sugar price had dropped from £32 10s to £31 2s 9d. Koufos claimed the difference in the loss of profit. Czarkinow knew there was a sugar market, but not that Koufos intended to sell it straight away. Judgment The House of Lords held that the loss was not too remote. They stated that the test for remoteness in contract is narrower than it is in tort. While in tort any damage of a type which is reasonably foreseeable can be claimed, Lord Reid ruled that, in contract, the defendant must ought to have realised that the loss was 'not unlikely to result from the breach of contract'. A higher degree of pro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Heron II
''C Czarnikow Ltd v Koufos'' or ''The Heron II'' [1969] 1 AC 350 is an English contract law case, concerning remoteness of damage. The House of Lords held that the "Remoteness (law), remoteness" test, as a limit to liability, is, in contract, more restrictive than it is in tort. Facts Koufos chartered a ship (the Heron II) from C Czarnikow, Czarnikow to bring 3,000 tons of sugar to Basra. It was nine days late. The sugar price had dropped from £32 10s to £31 2s 9d. Koufos claimed the difference in the loss of profit. Czarkinow knew there was a sugar market, but not that Koufos intended to sell it straight away. Judgment The House of Lords held that the loss was not too remote. They stated that the test for remoteness in contract is narrower than it is in tort. While in tort any damage of a type which is reasonably foreseeable can be claimed, Lord Reid ruled that, in contract, the defendant must ought to have realised that the loss was 'not unlikely to result from the breach of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parsons (Livestock) Ltd V Uttley Ingham & Co Ltd
''Parsons (Livestock) Ltd v Uttley Ingham & Co Ltd'' 978QB 791 is an English contract law case, concerning remoteness of damage. In it, the majority held that losses for breach of contract are recoverable if the type or kind of loss is a likely result of the breach of contract. Lord Denning MR, dissenting on the reasoning, held that a distinction should be drawn between losses for physical damage (for which the same, restrictive test as in tort applies) and economic losses (where a wider remoteness rule applies). Facts Parsons farmed pigs. They bought bulk food storage hoppers from Uttley Ingham, who installed them on the farm. The ventilator top was not unsealed as it should have been when it was installed. Parsons did not notice this (it was 28 feet high). The pignuts became mouldy. Parsons saw this, but thought it would do them no harm. 254 pigs died from E. coli. Parsons sued Uttley Ingham for damages for loss of the pigs and trading profits. Judgment The Court of Appeal all ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South Australia Asset Management Co V York Montague
''South Australia Asset Management Corporation v York Montague Ltd'' and ''Banque Bruxelles Lambert SA v Eagle Star Insurance Co Ltd'' 996UKHL 10is a joined English contract law case (often referred to as "SAAMCO") on causation and remoteness of damage. It arose out of the property crash in the early 1990s, whereby banks were suing valuers for overpricing houses in order to recover the lost market value. Owners themselves often had little or no money, since they had fallen victim to negative equity, so mortgage lenders would pursue a valuer instead to recover some losses. The legal principle arising from the case is often referred to as the "SAAMCO principle". Facts In the South Australia case, a valuer had (in breach of an implied term to exercise reasonable care and skill) negligently advised his client bank that property which it proposed to take as security for a loan was worth much more than its actual market value. The question was whether he should be liable not only for ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Achilleas
''The Achilleas'' or ''Transfield Shipping Inc v Mercator Shipping Inc'' 008 UKHL 48 is an English contract law case, concerning remoteness of damage. Facts Transfield Shipping was a charterer. It hired use of Mercator's ship, ''The Achilleas''. Transfield was meant to have the ship for five to seven months, and return it no later than midnight on 2 May 2004. Mercator contracted to let the ship to another charterer ( Cargill International SA) on 8 May 2004 at $39,500 a day for four to six months. But Transfield did not return the ship until 11 May. With two weeks to go they were appointed to carry coals from Qingdao, China across the Yellow Sea to Tobata and Oita, Japan. Since it was returned late, the new charterer, Cargill, agreed to take the ship, but only at $31,500 a day, since the freight market had fallen sharply. The question was how much Transfield should pay to Mercator for returning the ship late. Transfield argued they should only pay an amount reflecting the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Remedy 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 * Engli ... [...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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