|
William Sindall Plc V Cambridgeshire County Council
''William Sindall plc v Cambridgeshire County Council'' 993EWCA Civ 14is an English contract law case, concerning Misrepresentation in English law">misrepresentation. It concerns the exercise of discretion under s 2(2) Misrepresentation Act 1967. Facts William Sindall agreed to buy land from Cambridgeshire County Council after they were told the council were aware of no easements. But a private sewer from 20 years before was found after completion. The important point was, however, that after William Sindall plc made the purchase the property market crashed and the value of the land plummeted. William Sindall plc sued for rescission for misrepresentation and common mistake. For mistake, it was held that the contract allocated risk of unknown sewers to the buyer (now rescission for common mistake on the grounds of equity is impossible unless the mistake is fundamental because of ''The Great Peace''). _Judgment Hoffmann_LJ_held_there_was_no_misrepresentation_and_no_operative_mist ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Innocent Misrepresentation
In common law jurisdictions, a misrepresentation is a false or misleading '' R v Kylsant'' 931/ref> statement of fact made during negotiations by one party to another, the statement then inducing that other party to enter into a contract. The misled party may normally rescind the contract, and sometimes may be awarded damages as well (or instead of rescission). The law of misrepresentation is an amalgam of contract and tort; and its sources are common law, equity and statute. In England and Wales, the common law was amended by the Misrepresentation Act 1967. The general principle of misrepresentation has been adopted by the United States and other former British colonies, e.g. India. Representation and contract terms A "representation" is a pre-contractual statement made during negotiations. If a representation has been incorporated into the contract as a term, then the normal remedies for breach of contract Breach of contract is a legal cause of action and a type of civil ... [...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] |
Misrepresentation In English Law
In common law jurisdictions, a misrepresentation is a false or misleading '' R v Kylsant'' 931/ref> statement of fact made during negotiations by one party to another, the statement then inducing that other party to enter into a contract. The misled party may normally rescind the contract, and sometimes may be awarded damages as well (or instead of rescission). The law of misrepresentation is an amalgam of contract and tort; and its sources are common law, equity and statute. In England and Wales, the common law was amended by the Misrepresentation Act 1967. The general principle of misrepresentation has been adopted by the United States and other former British colonies, e.g. India. Representation and contract terms A "representation" is a pre-contractual statement made during negotiations. If a representation has been incorporated into the contract as a term, then the normal remedies for breach of contract apply. Factors that determine whether or not a representation has beco ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Misrepresentation Act 1967
The Misrepresentation Act 1967 is a United Kingdom Acts of Parliament in the United Kingdom, Act of Parliament of the United Kingdom which amended the common law principles of Misrepresentation in English law, misrepresentation. Prior to the Act, the common law deemed that there were two categories of misrepresentation: fraudulent and innocent. The effect of the act is primarily to create a new category by dividing innocent misrepresentation into two separate categories: negligent and "wholly" innocent; and it goes on to state the remedies in respect of each of the three categories. The Misrepresentation Act Section 1 Removal of certain bars to rescission for innocent misrepresentation. Where a person has entered into a contract after a misrepresentation has been made to him, and— :(a) the misrepresentation has become a term of the contract; or :(b) the contract has been performed; or both, then, if otherwise he would be entitled to rescind the contract without alleging fraud, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cambridgeshire County Council
Cambridgeshire County Council is the county council of Cambridgeshire, England. The council consists of 61 councillors, representing 59 electoral divisions. The council is based at New Shire Hall at Alconbury Weald, near Huntingdon. It is a member of the East of England Local Government Association. Since May 2021, it has been run by a joint administration of the Liberal Democrats, Labour Party, and independent groups. History Cambridgeshire County Council was first formed in 1889 as a result of the Local Government Act 1888, as one of two county councils covering Cambridgeshire; the other was the Isle of Ely County Council. In 1965 the two councils were merged to form Cambridgeshire and Isle of Ely County Council. This arrangement lasted until 1974 when, following the Local Government Act 1972, Cambridgeshire and Isle of Ely was merged with Huntingdon and Peterborough to form a new non-metropolitan county of Cambridgeshire under the control of a newly constituted Cambridg ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Easement
An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". An easement is a property right and type of incorporeal property in itself at common law in most jurisdictions. An easement is similar to real covenants and equitable servitudes. In the United States, the Restatement (Third) of Property takes steps to merge these concepts as servitudes. Easements are helpful for providing access across two or more pieces of property, allowing individuals to access other properties or a resource, for example to fish in a privately owned pond or to have access to a public beach. The rights of an easement holder vary substantially among jurisdictions. Types Historically, common law courts would enforce only four types of easement: * Right-of-way (easements of way) * Easements of support (pertaining to excavations) * Easemen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rescission (contract Law)
In contract law, rescission is an equitable remedy which allows a contractual party to cancel the contract. Parties may rescind if they are the victims of a vitiating factor, such as misrepresentation, mistake, duress, or undue influence. Rescission is the unwinding of a transaction. This is done to bring the parties, as far as possible, back to the position in which they were before they entered into a contract (the ''status quo ante''). Taxonomy Rescission is used throughout the law in a number of different senses. The failure to draw these crucial distinctions is productive of serious confusion. Although Judicature legislation has been enacted throughout the common law world, and jurisdictions vary in their recognition of a distinct body of law known as equity, reference to the jurisdictional origins is still important for the purposes of exposition. * ''"Rescission" in the sense of termination''. Rescission in this sense is not the focus of this article. Where a contract ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 sal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lennie Hoffmann, Baron Hoffmann
Leonard Hubert "Lennie" Hoffmann, Baron Hoffmann (born 8 May 1934) is a retired senior South African–British judge. He served as a Lord of Appeal in Ordinary from 1995 to 2009. Well known for his lively decisions and willingness to break with convention, he has had an especially large impact on the interpretation of contracts, shareholder actions in UK company law, in restricting tort liability for public authorities, human rights and intellectual property law, in particular patents. Currently, he serves as a Non-Permanent Judge of the Court of Final Appeal of Hong Kong. Early life Born 8 May 1934 in Cape Town, Leonard Hubert Hoffmann was the son of a well-known solicitor who co-founded what has become Africa's largest law firm, Edward Nathan Sonnenbergs. Education He was educated at the University of Cape Town and then attended The Queen's College, Oxford, as a Rhodes Scholar, where he studied for the BCL degree and won the Vinerian Scholarship. Between 1961 and 1973, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Equity (law)
Equity is a particular body of law that was developed in the English Court of Chancery. Its general purpose is to provide a remedy for situations where the law is not flexible enough for the usual court system to deliver a fair resolution to a case. The concept of equity is deeply intertwined with its historical origins in the common law system used in England. However, equity is in some ways a separate system from common law: it has its own established rules and principles, and was historically administered by separate courts, called " courts of equity" or "courts of chancery". Equity exists in domestic law, both in civil law and in common law systems, and in international law. The tradition of equity begins in antiquity with the writings of Aristotle (''epieikeia'') and with Roman law (''aequitas''). Later, in civil law systems, equity was integrated in the legal rules, while in common law systems it became an independent body of law. Equity in common law jurisdictions (gener ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Anthony Evans (judge)
Sir Anthony Howell Meurig Evans, (born 11 June 1934) is an internationally known jurist, judge, and barrister, and a former Lord Justice of Appeal A Lord Justice of Appeal or Lady Justice of Appeal is a judge of the Court of Appeal of England and Wales, the court that hears appeals from the High Court of Justice, the Crown Court and other courts and tribunals. A Lord (or Lady) Justice .... He currently holds the office of Chief Justice of the Dubai International Financial Centre Courts and is the first person to hold that office. Sir Anthony was appointed to the post in April 2005 by Sheikh Maktoum bin Rashid Al Maktoum, who was then ruler of Dubai. He formerly held high judicial office in the courts of England and Wales, sitting on the Court of Appeal and the Queen's Bench Division of the High Court of Justice, including the Commercial Court (which is part of the Queen's Bench Division. References 1934 births 20th-century English judges Living people Lo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Misrepresentation 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] |
