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White V Bluett
''White v Bluett'' (1853) 23 LJ Ex 36 is an English contract law case, concerning the scope of consideration in English law. Facts Mr Bluett had lent his son some money. Mr Bluett died. The executor of Mr Bluett's estate was Mr White. He sued the son to pay back the money. In his defense, the son argued that his father had said the son need not repay if the son would stop complaining about how Mr Bluett would distribute his property in his will among the children. Judgment Pollock CB held there was no consideration for any discharge of the obligation to repay. The son had ‘no right to complain’ anyway. Not complaining was therefore an entirely intangible benefit. Baron Alderson added this. See also *''Bret v JS ''Bret v JS & Wife'' (1600) Cro Eliz 756 is a formative English contract law, which held that a good consideration for courts to enforce contracts did not include promises for "natural affection". Facts Mr William Dracot was the husband of the ...'' (1600 ... [...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] |
Consideration In English Law
Consideration is an English common law concept within the law of contract, and is a necessity for simple contracts (but not for special contracts by deed). The concept of consideration has been adopted by other common law jurisdictions, including the US. Consideration can be anything of value (such as any goods, money, services, or promises of any of these), which each party gives as a quid pro quo to support their side of the bargain. Mutual promises constitute consideration for each other. If only one party offers consideration, the agreement is a "bare promise" and is unenforceable. Value According to ''Currie v Misa'', consideration for a particular promise exists where some ''right'', ''interest'', ''profit'' or ''benefit'' accrues (''or will accrue'') to the promisor as a direct result of some ''forbearance'', ''detriment'', ''loss'' or ''responsibility'' that has been given, suffered or undertaken by the promisee. Forbearance to act amounts to consideration only if one is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Will (law)
A will or testament is a legal document that expresses a person's (testator) wishes as to how their property ( estate) is to be distributed after their death and as to which person ( executor) is to manage the property until its final distribution. For the distribution (devolution) of property not determined by a will, see inheritance and intestacy. Though it has at times been thought that a "will" historically applied only to real property while "testament" applied only to personal property (thus giving rise to the popular title of the document as "last will and testament"), the historical records show that the terms have been used interchangeably. Thus, the word "will" validly applies to both personal and real property. A will may also create a testamentary trust that is effective only after the death of the testator. History Throughout most of the world, the disposition of a dead person's estate has been a matter of social custom. According to Plutarch, the written will was ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pollock CB
Sir Charles Edward Pollock, SL (31 October 1823 – 21 November 1897) was an English judge, one of the last Barons of the Court of the Exchequer and serjeants-at-law. Life He was the fourth son of Sir Jonathan Frederick Pollock, by his first wife, Frances, daughter of Francis Rivers. He was born on 31 October 1823. He was educated at St. Paul's School from 1833 to 1841, and, dispensing with a university course, served a long and varied apprenticeship to the law as private secretary and (from 1846) marshal to his father, and also as pupil to James Shaw Willes. On 18 January 1842, he was admitted student at the Inner Temple, where he was called to the bar on 29 January 1847, and elected bencher on 16 November 1866. For some years after his call Pollock went the home circuit without success. Meanwhile, however, he made himself known as a reporter in the court of exchequer, then unusually efficient, Sir Edward Hall Alderson, and Sir James Parke, Baron Wensleydale, and as a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Baron Alderson
Sir Edward Hall Alderson (baptised 11 September 1787 – 27 January 1857) was an English lawyer and judge whose many judgments on commercial law helped to shape the emerging British capitalism of the Victorian era.Hedley (2004) He was a Baron of the Exchequer and so held the honorary title Baron Alderson, in print Alderson, B. Early life Born in Great Yarmouth, Alderson was the eldest son of Robert (died 1833), a barrister and recorder, and Elizabeth ''née'' Hurry who died in 1791. Alderson suffered an unstable childhood, variously living with relatives, unhappily attending Charterhouse School but, more positively, being tutored by Edward Maltby. He was an able student of mathematics and classics at Gonville and Caius College, Cambridge, about to take exams he heard of the sad death of his sister Isabella. A year later in 1809 he graduated as senior wrangler, First Smith's prize, was First Medallist, and Chancellor's Gold Medallist. During free time he became an ardent debat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nudum Pactum
Nudum pactum in Latin literally means 'naked promise' or 'bare promise'. In common law, it refers to a promise that is not legally enforceable for want of consideration. An example of a nudum pactum would be an offer to sell something without a corresponding offer of value in exchange. While the offer may bind a person morally, since the offer has not been created with any consideration, it is gratuitous and treated as a unilateral contract. The offer is therefore revocable at any time by the offeror before acceptance by the offeree. In the US, the Uniform Commercial Code has invalidated the doctrine of ''nudum pactum'' as it applies to offers made by "merchants" under the firm offer rule under certain circumstances. It holds that those offers are legally enforceable in a manner similar to option contracts. See also *Contract *Option contract An option contract, or simply option, is defined as "a promise which meets the requirements for the formation of a contract and limits t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bret V JS
''Bret v JS & Wife'' (1600) Cro Eliz 756 is a formative English contract law, which held that a good consideration for courts to enforce contracts did not include promises for "natural affection". Facts Mr William Dracot was the husband of the wife in this case. His son went to "table" (train as a servant for meal preparation) with Mr Bret for three years. Dracot promised Bret £8 a year for the duration, but he died that same year. The widow, out of love for the son and the wish that the son would continue, promised Bret £6 13s 4d for the tabling of the son for the rest of the three years, and £8 a year for each year after. Then the widow married the defendant, J.S. Mr Bret brought an action for the £6 13s 4d for tabling in the two years following. The report shows the counsel for JS and the wife, Warburton, argued (1) this was an entire contract by the first husband for the entire year and it could not be apportioned (2) natural affection is not a sufficient ground for an ' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hamer V Sidway
''Hamer v. Sidway'', 124 N.Y. 538, 27 N.E. 256 (N.Y. 1891), was a noted decision by the New York Court of Appeals (the highest court in the state), New York, United States. Hamer v. Sidway is an important case in American contract law which established that forbearance of legal rights (voluntarily abstaining from one's legal rights) on promises of future benefit made by other parties can constitute valid consideration (the element of exchange generally needed to establish a contract's enforceability in common law systems), and, in addition, that unilateral contracts (those that benefit only one party) were valid under New York law. Facts Louisa Hamer (Plaintiff) brought suit against Franklin Sidway, the executor of the estate of William E. Story I (Defendant), for the sum of $5,000. On March 20, 1869, William E. Story had promised his nephew, William E. Story II, $5,000 if his nephew would abstain from drinking alcohol, using tobacco, swearing, and playing ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pitt V PHH Asset Management Ltd
''Pitt v PHH Asset Management Ltd'' 9941 WLR 327 is an English contract law case, which confirmed the enforceability of lockout agreements. Facts In Parsonage Lane, Chelsworth, Suffolk, is a residence known as "The Cottage". PHH Asset Management Ltd were undisclosed agents of mortgagees, who were selling The Cottage for £205,000. Mr Pitt and Miss Buckle put in competing bids. Mr Pitt bid £200,000, which PHH accepted 'subject to contract'. Miss Buckle then increased her bid to £210,000. PHH withdrew its acceptance of Mr Pitt. Mr Pitt threatened to sue for an injunction, to compel transfer of the cottage to him (it was noted in the Court of Appeal that this probably would have not succeeded, and just caused nuisance). So PHH agreed to sell to him and said they would consider no further offers. This is known as a "lock out agreement". But then, PHH sold to Miss Buckle anyway. Mr Pitt sued. PHH argued in its defence, there was no consideration to not consider further offers (for ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1853 In Case Law
Events January–March * January 6 – Florida Governor Thomas Brown signs legislation that provides public support for the new East Florida Seminary, leading to the establishment of the University of Florida. * January 8 – Taiping Rebellion: Zeng Guofan is ordered to assist the governor of Hunan in organising a militia force to search for local bandits. * January 12 – Taiping Rebellion: The Taiping army occupies Wuchang. * January 19 – Giuseppe Verdi's opera ''Il Trovatore'' premieres in performance at Teatro Apollo in Rome. * February 10 – Taiping Rebellion: Taiping forces assemble at Hanyang, Hankou, and Wuchang, for the march on Nanjing. * February 12 – The city of Puerto Montt is founded in the Reloncaví Sound, Chile. * February 22 – Washington University in St. Louis is founded as Eliot Seminary. * March – The clothing company Levi Strauss & Co. is founded in the United States. * March 4 – Inauguration of Franklin Pierce as 14th President of the Uni ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1853 In England
Events January–March * January 6 – Florida Governor Thomas Brown signs legislation that provides public support for the new East Florida Seminary, leading to the establishment of the University of Florida. * January 8 – Taiping Rebellion: Zeng Guofan is ordered to assist the governor of Hunan in organising a militia force to search for local bandits. * January 12 – Taiping Rebellion: The Taiping army occupies Wuchang. * January 19 – Giuseppe Verdi's opera ''Il Trovatore'' premieres in performance at Teatro Apollo in Rome. * February 10 – Taiping Rebellion: Taiping forces assemble at Hanyang, Hankou, and Wuchang, for the march on Nanjing. * February 12 – The city of Puerto Montt is founded in the Reloncaví Sound, Chile. * February 22 – Washington University in St. Louis is founded as Eliot Seminary. * March – The clothing company Levi Strauss & Co. is founded in the United States. * March 4 – Inauguration of Franklin Pierce as 14th President of the Uni ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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