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With V O'Flanagan
''With v O’Flanagan'' 936Ch 575 is an English contract law case, concerning misrepresentation. It holds that there is a duty to disclose material changes in circumstances that were represented to be true in negotiations. Facts Dr O’Flanagan said truthfully in January 1934 that his medical practice had takings of £2000 per annum. However, in May, the takings were only £5 a week because O’Flanagan had become ill. The contract was signed with Mr With to buy the medical practice, but Dr O’Flanagan did not disclose the change in circumstances (namely that Dr O’Flanagan was ill and there was a severe drop in the income of the medical practice). At trial, the judge held that because the contract was not made uberrimae fidei (in ultimate good faith). Where a statement is rendered false by a change in circumstances, there is a duty to disclose the change. A failure to do so will result in an actionable misrepresentation Judgment Lord Wright MR held that Mr With could rescin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 apply. Factors that determine whether or not a representation has beco ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Good Faith
In human interactions, good faith ( la, bona fides) is a sincere intention to be fair, open, and honest, regardless of the outcome of the interaction. Some Latin phrases have lost their literal meaning over centuries, but that is not the case with ''bona fides'', which is still widely used and interchangeable with its generally-accepted modern-day English translation of ''good faith''. It is an important concept within law and business. The opposed concepts are bad faith, ''mala fides'' (duplicity) and perfidy (pretense). In contemporary English, the usage of ''bona fides'' is synonymous with credentials and identity. The phrase is sometimes used in job advertisements, and should not be confused with the ''bona fide'' occupational qualifications or the employer's good faith effort, as described below. ''Bona fides'' ''Bona fides'' is a Latin phrase meaning "good faith". Its ablative case is ''bona fide'', meaning "in good faith", which is often used as an adjective to mean " ... [...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] |
Uberrimae Fidei
''Uberrima fides'' (sometimes seen in its genitive form ''uberrimae fidei'') is a Latin phrase meaning "utmost good faith" (literally, "most abundant faith"). It is the name of a legal doctrine which governs insurance contracts. This means that all parties to an insurance contract must deal in good faith, making a full declaration of all material facts in the insurance proposal. This contrasts with the legal doctrine ''caveat emptor'' ("let the buyer beware"). Principle of uberrima fides A higher duty is expected from parties to an insurance contract than from parties to most other contracts, in order to ensure the disclosure of all material facts so that the contract may accurately reflect the actual risk being undertaken. The principles underlying this rule were stated by Lord Mansfield in the leading and often-quoted case of ''Carter v Boehm'' (1766) 97 ER 1162, 1164, Insurance is a contract of speculation... The special facts, upon which the contingent chance is to be compu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Wright MR
Robert Alderson Wright, Baron Wright, (15 October 1869 – 27 June 1964) was a British judge. A commercial barrister, he was a Justice of the High Court from 1925 to 1932, when he was directly promoted to the House of Lords as a law lord. Robert Stevens described him as "one of the few significant British appeal judges of the twentieth century." Early life and career Born in South Shields, Wright was educated at Trinity College, Cambridge, where he took a First and later held a prize fellowship. He was called to the bar in 1900 by the Inner Temple and practiced at the commercial bar, having joined the chambers of Thomas Edward Scrutton. He also lectured on industrial law at the London School of Economics. He took silk in 1917. At the 1923 General election, he stood as the Liberal candidate in the Darlington constituency. The Liberals, who had not contested the seat at the previous election, were not expected to win and he came last. He did not stand for Parliament again. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Insurance
Insurance is a means of protection from financial loss in which, in exchange for a fee, a party agrees to compensate another party in the event of a certain loss, damage, or injury. It is a form of risk management, primarily used to hedge against the risk of a contingent or uncertain loss. An entity which provides insurance is known as an insurer, insurance company, insurance carrier, or underwriter. A person or entity who buys insurance is known as a policyholder, while a person or entity covered under the policy is called an insured. The insurance transaction involves the policyholder assuming a guaranteed, known, and relatively small loss in the form of a payment to the insurer (a premium) in exchange for the insurer's promise to compensate the insured in the event of a covered loss. The loss may or may not be financial, but it must be reducible to financial terms. Furthermore, it usually involves something in which the insured has an insurable interest established by ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mark Romer, Baron Romer
Mark Lemon Romer, Baron Romer, PC (9 August 1866 – 19 August 1944) was a British barrister and judge. Biography Romer was born in Crawley, Sussex, the second son of Sir Robert Romer, later a Lord Justice of Appeal, and Betty, née Lemon, daughter of Mark Lemon, founding editor of ''Punch''. He was educated at Rugby and Trinity Hall, Cambridge, where he read Mathematics, graduating as a junior optime. He was called to the bar by Lincoln's Inn in 1890. Practicing at the Chancery bar, he was made a King's Counsel in 1906 and attached himself to the court of Mr Justice Parker, then that of Mr Justice Sargant when Parker was elevated to the House of Lords. Romer was appointed a judge of the Chancery Division of the High Court in 1922, in succession to Sir Arthur Frederick Peterson, and received the customary knighthood the same year. In 1929, he was made a Lord Justice of Appeal and sworn of the Privy Council. On 5 January 1938, he was appointed a Lord of Appeal in Ordina ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Albert Clauson, 1st Baron Clauson
Albert Charles Clauson, 1st Baron Clauson CBE, PC (14 January 1870 — 15 March 1946) was a British barrister and judge who sat as a Lord Justice of Appeal. Background and education Clauson was born on 14 January 1870 to Charles Clauson, a merchant, and his wife Julia Burton. After attending the Merchant Taylors' School in 1881 he was offered a scholarship to St John's College, Oxford, where he gained a first in classics and literature. Legal and judicial career In 1891 he was called to the Bar by Lincoln's Inn, and thanks to his association with his uncle, Henry Buckley, he gained a large practice extremely early. Acting as editor of the seventh and eighth editions of Buckley's ''Company Law'', Clauson was made King's Counsel in 1910. During the First World War he worked for the Admiralty for free, and in thanks was made a CBE in 1920. In 1926 Clauson was made a judge of the Chancery Division of the High Court of Justice, receiving the customary knighthood. After twelve y ... [...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] |
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] |
1936 In Case Law
Events January–February * January 20 – George V of the United Kingdom and the British Dominions and Emperor of India, dies at his Sandringham Estate. The Prince of Wales succeeds to the throne of the United Kingdom as King Edward VIII. * January 28 – Britain's King George V state funeral takes place in London and Windsor. He is buried at St George's Chapel, Windsor Castle * February 4 – Radium E (bismuth-210) becomes the first radioactive element to be made synthetically. * February 6 – The 1936 Winter Olympics, IV Olympic Winter Games open in Garmisch-Partenkirchen, Germany. * February 10–February 19, 19 – Second Italo-Ethiopian War: Battle of Amba Aradam – Italian forces gain a decisive tactical victory, effectively neutralizing the army of the Ethiopian Empire. * February 16 – 1936 Spanish general election: The left-wing Popular Front (Spain), Popular Front coalition takes a majority. * February 26 – February 26 Inci ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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