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Williams V Natural Life Health Foods Ltd
is an important English tort law, United Kingdom company law, company law and English contract law, contract law case. It held that for there to be an effective assumption of responsibility, there must be some direct or indirect conveyance that a director had done so, and that a claimant had relied on the information. Otherwise only a company itself, as a separate legal person, would be liable for negligent information. Facts Mr Williams and his partner approached Natural Life Health Foods Ltd with a proposal. They wanted to get a franchising, franchise for a health food store, health food shop in Rugby, Warwickshire, Rugby (i.e. they wanted to use the Natural Life brand to run a new store and pay Natural Life Ltd a fixed fee). Mr Williams was given a brochure with financial projections. They entered the scheme. They failed, and lost money. So Mr Williams sued the company, alleging that the advice they got was negligent. However, before the suit could be completed, Natural Life H ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Goff Of Chieveley
Robert Lionel Archibald Goff, Baron Goff of Chieveley, (12 November 1926 – 14 August 2016) was an English Barristers in England and Wales, barrister and judge who was Lords of Appeal in Ordinary#Senior and Second Senior Law Lord, Senior Lord of Appeal in Ordinary, the equivalent of today's President of the Supreme Court of the United Kingdom, President of the Supreme Court. Best known for establishing unjust enrichment as a branch of English law, he has been described by Andrew Burrows as "the greatest judge of modern times". Goff was the original co-author of ''Goff & Jones'', the leading English law textbook on restitution and unjust enrichment, first published in 1966. He practised as a commercial barrister from 1951 to 1975, following which he began his career as a judge. He was appointed to the Judicial Committee of the House of Lords in 1986. Goff was born in his mother's family home in Perthshire, Scotland, and was raised in Hampshire, England. He obtained a place at Ne ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trevor Ivory Ltd V Anderson
''Trevor Ivory Ltd v Anderson'' is one of the leading New Zealand cases regarding the personal liability of company directors. The case concerns the personal liability of a director of a one-man company for negligent misstatement and applied the principle of '' Tesco Supermarkets Ltd v Nattrass ''that where a director is the "directing mind" of a company, his actions are legally those of the company. The application of the case by New Zealand courts during the leaky homes crisis has been described as a "barrier to litigants recovering from directors of these companies". Background Trevor Ivory Ltd was a one-man company run by Trevor Ivory in the Nelson province and described as "agricultural and horticultural supplies and advisory service". In 1983, Trevor Ivory Limited entered into an oral contract with raspberry orchardists for the provision of consultancy services and the supply of sprays and fertilisers. The orchardists sought advice under the agreement about the spread o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lister V Romford Ice & Cold Storage Co Ltd
is an important English tort law, contract law and labour law, which concerns vicarious liability and an ostensible duty of an employee to compensate the employer for torts he commits in the course of employment. Facts Martin Lister and his father Martin Lister were working for the Cold Storage company, driving a waste disposal lorry. They went to a slaughterhouse on Old Church Road, Romford. When they were entering through the gates to the yard, the father got out ahead and the son, driving, backed over him. McNair J awarded the father two thirds of the compensation to reflect the father’s contributory negligence. The insurers, who paid £1600 and costs, sued the son in the name of the company (which was not consulted) by right of subrogation to indemnify them for this sum. Judgment Court of Appeal The majority of the Court of Appeal ( 9562 QB 180), Birkett LJ and Romer LJ, held that the insurance company could seek contribution from the son, because the son had a contrac ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Agreed Statement
An agreed statement, in US law The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as va ..., is an agreement between two parties to a lawsuit or an appeal of a judgment. The agreements are limited to cases of the dispute being a question of legal interpretation rather than a dispute concerning the facts of a case. References Statements (law) {{US-law-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
David Hirst (judge)
Sir David Cozens-Hardy Hirst (31 July 1925 – 31 December 2011) was an English barrister and judge who served as a Lord Justice of Appeal from 1992 to 1999. ''The Times'' described him as "one of the leading advocates of his generation". Early life Hirst was born in Meltham, the son of Thomas William Hirst and Margaret Joy ( Cozens-Hardy). His father was a cotton mill owner. His mother was a member of the Cozens-Hardy family of Norfolk; his maternal grandfather founded a firm of solicitors in Norwich, while his great-uncle was the politician and judge Herbert Cozens-Hardy, 1st Baron Cozens-Hardy, who served as Master of the Rolls from 1907 to 1918. He was educated at Packwood Haugh School and Eton College, where he was a King's Scholar. He was called up for war service in 1943 and joined the Royal Artillery, but because of training accident he never saw action. he was commissioned into the Intelligence Corps in 1945, and was posted to Singapore and then Burma before bein ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Pioneer Container
''The'' () is a grammatical article in English, denoting persons or things already mentioned, under discussion, implied or otherwise presumed familiar to listeners, readers, or speakers. It is the definite article in English. ''The'' is the most frequently used word in the English language; studies and analyses of texts have found it to account for seven percent of all printed English-language words. It is derived from gendered articles in Old English which combined in Middle English and now has a single form used with pronouns of any gender. The word can be used with both singular and plural nouns, and with a noun that starts with any letter. This is different from many other languages, which have different forms of the definite article for different genders or numbers. Pronunciation In most dialects, "the" is pronounced as (with the voiced dental fricative followed by a schwa) when followed by a consonant sound, and as (homophone of pronoun ''thee'') when followed by a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hedley Byrne & Co Ltd V Heller & Partners Ltd
''Hedley Byrne & Co Ltd v Heller & Partners Ltd'' 964AC 465 is an English tort law case on economic loss in English tort law resulting from a negligent misstatement. Prior to the decision, the notion that a party may owe another a duty of care for statements made in reliance had been rejected, with the only remedy for such losses being in contract law. The House of Lords overruled the previous position, in recognising liability for pure economic loss not arising from a contractual relationship, applying to commercial negligence the principle of "assumption of responsibility". Facts Hedley Byrne were a firm of advertising agents. A customer, Easipower Ltd, put in a large order. Hedley Byrne wanted to check their financial position, and creditworthiness, and so asked their bank, to get a report from Easipower’s bank, Heller & Partners Ltd., who replied in a letter that was headed, "without responsibility on the part of this bank" ...Easipower is, "considered good for its o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Privity Of Contract
The doctrine of privity of contract is a common law principle which provides that a contract cannot confer rights or impose obligations upon any person who is not a party to the contract. The premise is that only parties to contracts should be able to sue to enforce their rights or claim damages as such. However, the doctrine has proven problematic because of its implications for contracts made for the benefit of third parties who are unable to enforce the obligations of the contracting parties. In England and Wales, the doctrine has been substantially weakened by the Contracts (Rights of Third Parties) Act 1999, which created a statutory exception to privity (enforceable third party rights). Third party rights Privity of contract occurs only between the parties to the contract, most commonly contract of sale of goods or services. Horizontal privity arises when the benefits from a contract are to be given to a third party. Vertical privity involves a contract between two parties ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
White V Jones
is a leading English tort law case concerning professional negligence and the conditions under which a person will be taken to have assumed responsibility for the welfare of another. Facts Two daughters of the deceased Mr Barratt (one of them married a man named White) sued Mr Jones for failing to follow their father's instructions when drawing up his will. Mr Barratt and his daughters had fallen out briefly and he asked the solicitor to cut them out of the will. Before he died they resolved their problems. He asked Mr Jones to change the will again so that £9000 would be given to his daughters. After he died, with the will still the same, the family would not agree to have the settlement changed. The question was whether Mr Jones could be sued instead. Judgment Lord Goff held with a majority of three to two in the House of Lords that the daughters would be able to claim. Influenced by the idea that solicitors may escape the consequences of not doing their job properly, he sai ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Smith V Eric S Bush
''Smith v Eric S Bush'' 990UKHL 1is an English tort law and English contract law">contract law case, heard by the House of Lords. First, it concerned the existence of a duty of care in tort for negligent misstatements, not made directly to someone relying on the statement. Second, it concerned the reasonableness of a term excluding liability under the Unfair Contract Terms Act 1977, s 2(2) and s 11. Facts A surveyor, Eric Bush, was employed by a building society, Abbey National, to inspect and value 242 Silver Road, Norwich. Eric Bush disclaimed responsibility to the purchaser, Mrs Smith, who was paying a fee of £36.89 to the building society to have the valuation done. The building society had a similar clause in its mortgage agreement. The property valuation said no essential repairs were needed. This was wrong. But Mrs Smith relied on this and bought the house. Bricks from the chimney collapsed through the roof, smashing through the loft. Mrs Smith argued there was a duty of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Current Legal Problems
Currents, Current or The Current may refer to: Science and technology * Current (fluid), the flow of a liquid or a gas ** Air current, a flow of air ** Ocean current, a current in the ocean *** Rip current, a kind of water current ** Current (stream), currents in rivers and streams ** Convection current, flow caused by unstable density variation due to temperature differences * Current (mathematics), geometrical current in differential topology * Conserved current, a field associated to a symmetry in field theory * Electric current, a flow of electric charge through a medium * Probability current, in quantum mechanics * IBM Current, an early personal information management program Arts and entertainment Music * ''Current'' (album), a 1982 album by Heatwave * ''Currents'' (Eisley album) * ''Currents'' (Tame Impala album) * "The Current" (song), by the Blue Man Group * "Currents", a song by Dashboard Confessional from ''Dusk and Summer'', 2006 * "Currents", a song by Drake f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Quarterly Review
The ''Law Quarterly Review'' is a peer-reviewed academic journal covering common law throughout the world. It was established in 1885 and is published by Sweet & Maxwell. It is one of the leading law journals in the United Kingdom. History The ''LQR''s founding editor was Frederick Pollock, then Corpus Professor of Jurisprudence at the University of Oxford. Founded in 1885, it is one of the oldest law journals in the English-speaking world, after only the ''University of Pennsylvania Law Review'' and the ''South African Law Journal''. The editors' intention was that the journal would help to establish law as a worthy field of academic study. In this purpose it has "triumphed". In the first volume alone its contributors included, in addition to Pollock himself, Sir William Anson, Albert Venn Dicey, and Thomas Erskine Holland, each of whom had assisted in the founding of the journal, as well as Oliver Wendell Holmes, F. W. Maitland, T. E. Scrutton (later Lord Justice), James ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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