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Woodar Investment Development Ltd V Wimpey Construction UK Ltd
''Woodar Investment Development Ltd v Wimpey Construction UK Ltd'[1980] 1 WLR 277is an English contract law case notable for its pronouncements on the doctrine of privity which have been modified by the Contracts (Rights of Third Parties) Act 1999. Facts and questions of law Between 1970 and 1973, Wimpey Construction UK Ltd entered into extensive negotiations to purchase 14 acres of land owned by Ronald Cornwall near a proposed motorway bypass near Esher. However, the land was eventually sold by the vendor to Woodar Investment Development Ltd, whom in turn entered into a sale contract with Wimpey Ltd for £850,000 (), as well as to complete the purchase, Wimpey would be obliged to pay a further £150,000 to a third party, Transworld Trade Ltd.. Transworld was a Hong Kong based company linked to the original landowner Ronald Cornwall. However, the contract contained several termination clauses, with the important clause that the contract would terminate if the government s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
England
England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe by the North Sea to the east and the English Channel to the south. The country covers five-eighths of the island of Great Britain, which lies in the North Atlantic, and includes over 100 smaller islands, such as the Isles of Scilly and the Isle of Wight. The area now called England was first inhabited by modern humans during the Upper Paleolithic period, but takes its name from the Angles, a Germanic tribe deriving its name from the Anglia peninsula, who settled during the 5th and 6th centuries. England became a unified state in the 10th century and has had a significant cultural and legal impact on the wider world since the Age of Discovery, which began during the 15th century. The English language, the Anglican Church, and Engli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Wilberforce
Richard Orme Wilberforce, Baron Wilberforce, (11 March 1907 – 15 February 2003) was a British judge. He was a Lord of Appeal in Ordinary from 1964 to 1982. Early life and career Born in Jalandhar, India, Richard Wilberforce was the son of Samuel Wilberforce, ICS, later a judge of the Lahore High Court, and of Katherine Wilberforce, the daughter of John Sheepshanks, Bishop of Norwich. His grandfather was Reginald Wilberforce, who helped restore British order in Delhi, after the Indian Rebellion of 1857. His great-grandfather was Samuel Wilberforce, Bishop of Winchester, and his great-great-grandfather was the abolitionist William Wilberforce, a connection which had much influence upon him. Wilberforce spent the first seven years of his life in India, before being sent to England in 1914 on the outbreak of the First World War. He attended five preparatory schools, the last being Sandroyd School. From Sandroyd he went to Winchester College in 1920 where Monty Rendall, the he ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Salmon
Cyril Barnet Salmon, Baron Salmon PC (28 December 1903 – 7 November 1991) was a British judge. Early life and career Cyril Barnet Salmon was the son of Montagu Salmon (1878-1943), tobacco merchant, and Marian Nina Trevor, née Abrahams, his wife. He was the grandson of Barnett Salmon (1829-1897) co-founder of Salmon & Gluckstein, tobacco merchants. He was educated at Mill Hill School and Pembroke College, Cambridge, where he read Law. He was called to the bar by the Middle Temple in 1925, and was the pupil of Walter Monckton, before joining the chambers of Lord Wright at 5 Crown Office. During World War II, Salmon was commissioned into the Royal Artillery in 1940, and was attached to the Eighth Army as a judge advocate. He ended the war with the rank of major. Salmon took silk in April 1945. His chambers had been destroyed by bombing during the war, and little of his pre-war practice remained. Nevertheless, Salmon successfully rebuilt his practice. He served as Recorder ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Charles Ritchie Russell, Baron Russell Of Killowen
Charles Ritchie Russell, Baron Russell of Killowen, PC (12 January 1908 – 23 June 1986) was a British lawyer and judge who served as a lord of appeal in ordinary between 1975 and 1982. Biography Russell was born in London, the son of Frank Russell, Baron Russell of Killowen and the grandson of Charles Russell, Baron Russell of Killowen, both Lords of Appeal in Ordinary. His maternal grandfather was the Scottish politician Charles Ritchie, 1st Baron Ritchie of Dundee. Following his father, he was educated at Beaumont College and Oriel College, Oxford, where he took a Third in Jurisprudence. He was called to the bar by Lincoln's Inn in 1931. During the Second World War, Russell was commissioned into the Royal Artillery, and flew into France on D-Day by glider. Wounded in action, he was mentioned in dispatches and received the French Croix de Guerre. Returning to the bar after the war, he took silk in 1948 at the age of forty, like his father and grandfather. He was Attorne ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Keith Of Kinkel
Henry Shanks Keith, Baron Keith of Kinkel, (7 February 1920 – 21 June 2002) was a British judge. The son of James Keith, Baron Keith of Avonholm, Harry Keith was educated in the Edinburgh Academy, at Magdalen College, Oxford, where he graduated with a Master of Arts and the University of Edinburgh, where he graduated with a Bachelor of Law. In the Second World War, he was an officer in the Scots Guards and was mentioned in dispatches, reaching the rank of Captain. He was admitted to the Faculty of Advocates in 1950, and was made a Queen's Counsel in 1962. In 1951, he had been called to the English Bar from Gray's Inn, where he became a bencher in 1976. He appointed as Sheriff of Roxburgh, Berwick and Selkirk in 1970, succeeding David Brand. He was appointed a Senator of the College of Justice with the judicial title Lord Keith in 1971. On 10 January 1977, he was appointed Lord of Appeal in Ordinary and was made additionally a life peer with the title Baron Keith of Kink ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Scarman
Leslie George Scarman, Baron Scarman, (29 July 1911 – 8 December 2004) was an English judge and barrister, who served as a Law Lord until his retirement in 1986. Early life and education Scarman was born in Streatham but grew up on the border of Sussex and Surrey. He won scholarships to Radley College and then Brasenose College, Oxford, where he read Classics, graduating in 1932 with a First. Legal career He was called to the bar at the Middle Temple in 1936. He remained briefless until World War II, which he spent in the Royal Air Force as a staff officer in England, North Africa, and then continental Europe. He was present with Arthur Tedder when Alfred Jodl surrendered at Reims. He was appointed an Officer of the Order of the British Empire (OBE) in 1944. He returned to law in 1945, practising from chambers at 2, Crown Office Row, known since the 1970s as Fountain Court Chambers, and in the late 1940s and early 1950s he started to build the chambers' reputation for commer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Privity In English Law
Privity is a doctrine in English contract law that covers the relationship between parties to a contract and other parties or agents. At its most basic level, the rule is that a contract can neither give rights to, nor impose obligations on, anyone who is not a party to the original agreement, i.e. a "third party". Historically, third parties could enforce the terms of a contract, as evidenced in '' Provender v Wood'', but the law changed in a series of cases in the 19th and early 20th centuries, the most well known of which are ''Tweddle v Atkinson'' in 1861 and '' Dunlop Pneumatic Tyre v Selfridge and Co Ltd'' in 1915. The doctrine was widely seen as unfair, for various reasons – it made no exception for cases where the parties to a contract obviously intended for it to be enforced by a third party, and it was so inconsistently applied that it provided no solid rule and was therefore "bad" law. The doctrine attracted criticism from figures such as Lord Scarman, Lord Denning, ... [...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] |
Contracts (Rights Of Third Parties) Act 1999
The Contracts (Rights of Third Parties) Act 1999 (c. 31) is an Act of the Parliament of the United Kingdom that significantly reformed the common law doctrine of privity and "thereby emovedone of the most universally disliked and criticised blots on the legal landscape".Dean (2000) p.143 The second rule of the doctrine of privity, that a third party could not enforce a contract for which he had not provided consideration, had been widely criticised by lawyers, academics and members of the judiciary. Proposals for reform via an act of Parliament were first made in 1937 by the Law Revision Committee in their Sixth Interim Report. No further action was taken by the government until the 1990s, when the Law Commission proposed a new draft bill in 1991, and presented their final report in 1996. The bill was introduced to the House of Lords in December 1998, and moved to the House of Commons on 14 June 1999. It received royal assent on 11 November 1999, coming into force immediately a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Esher
Esher ( ) is a town in Surrey, England, to the east of the River Mole. Esher is an outlying suburb of London near the London-Surrey Border, and with Esher Commons at its southern end, the town marks one limit of the Greater London Built-Up Area. Esher has a linear commercial high street and is otherwise suburban in density, with varying elevations, few high rise buildings and very short sections of dual carriageway within the ward itself. Esher covers a large area, between 13 and 15.4 miles southwest of Charing Cross. In the south it is bounded by the A3 Portsmouth Road which is of urban motorway standard and buffered by the Esher Commons. Esher is bisected by the A307, historically the Portsmouth Road, which for approximately forms its high street. Esher railway station (served by the South West Main Line) connects the town to London Waterloo. Sandown Park Racecourse is in the town near the station. In the south, Claremont Landscape Garden owned and managed by the National ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jackson V Horizon Holidays Ltd
''Jackson v Horizon Holidays Ltd'' [1975] 1 WLR 1468 is an English contract law case, concerning the doctrine of Privity in English law, Privity. The case would now be partly resolved by the Contracts (Rights of Third Parties) Act 1999 section 1(1)(b), allowing a third party to claim independently. Some of the reasoning of Lord Denning MR was disapproved in ''Woodar Investment Development Ltd v Wimpey Construction UK Ltd'',[1980] 1 WLR 277 which held that the decision is limited to a confined category of cases involving consumers. Facts Mr Jackson got a holiday through Horizon Holidays Ltd to the Brown Beach Hotel, Hendala Point, in Ceylon (now Sri Lanka) for himself and his family. He paid £1200. When they arrived, the facilities were substandard, and not at all as promised. As Lord Denning MR recounted, The judge followed ''Jarvis v Swans Tours Ltd'' and awarded damages of £1100 for distress. The defendant appealed against the damages awarded to Mr Jackson's wife and childr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Obiter Dicta
''Obiter dictum'' (usually used in the plural, ''obiter dicta'') is a Latin phrase meaning "other things said",'' Black's Law Dictionary'', p. 967 (5th ed. 1979). that is, a remark in a legal opinion that is "said in passing" by any judge or arbitrator. It is a concept derived from English common law, whereby a judgment comprises only two elements: ''ratio decidendi'' and ''obiter dicta''. For the purposes of judicial precedent, ''ratio decidendi'' is binding, whereas ''obiter dicta'' are persuasive only. Significance A judicial statement can be ''ratio decidendi'' only if it refers to the crucial facts and law of the case. Statements that are not crucial, or which refer to hypothetical facts or to unrelated law issues, are ''obiter dicta''. ''Obiter dicta'' (often simply ''dicta'', or ''obiter'') are remarks or observations made by a judge that, although included in the body of the court's opinion, do not form a necessary part of the court's decision. In a court opinion, ''obite ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
