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Breach-of-contract
Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance. Breach occurs when a party to a contract fails to fulfill its obligation(s), whether partially or wholly, as described in the contract, or communicates an intent to fail the obligation or otherwise appears not to be able to perform its obligation under the contract. Where there is breach of contract, the resulting damages have to be paid to the aggrieved party by the party breaching the contract. If a contract is rescinded, parties are legally allowed to undo the work unless doing so would directly charge the other party at that exact time. It is important to bear in mind that contract law is not the same from country to country. Each country has its own independent, freestanding law of contract. Therefore, it makes sense ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Damages
At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at law, the loss must involve damage to property, or mental or physical injury; pure economic loss is rarely recognised for the award of damages. Compensatory damages are further categorized into special damages, which are economic losses such as loss of earnings, property damage and medical expenses, and general damages, which are non-economic damages such as pain and suffering and emotional distress. Rather than being compensatory, at common law damages may instead be nominal, contemptuous or exemplary. History Among the Saxons, a monetary value called a ''weregild'' was assigned to every human being and every piece of property in the Salic Code. If property was stolen or someone was injured or killed, the guilty person had to pay the wer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Compensatory Damages
At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at law, the loss must involve damage to property, or mental or physical injury; pure economic loss is rarely recognised for the award of damages. Compensatory damages are further categorized into special damages, which are economic losses such as loss of earnings, property damage and medical expenses, and general damages, which are non-economic damages such as pain and suffering and emotional distress. Rather than being compensatory, at common law damages may instead be nominal, contemptuous or exemplary. History Among the Saxons, a monetary value called a ''weregild'' was assigned to every human being and every piece of property in the Salic Code. If property was stolen or someone was injured or killed, the guilty person had to pay the wer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions. Private individuals may create legally binding contracts, including arbitration agreements that adopt alternative ways of resolving disputes to standard court litigation. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people. Legal systems vary between jurisdictions ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Covenant (law)
A covenant, in its most general sense and historical sense, is a solemn promise to engage in or refrain from a specified action. Under historical English common law, a covenant was distinguished from an ordinary contract by the presence of a seal. Because the presence of a seal indicated an unusual solemnity in the promises made in a covenant, the common law would enforce a covenant even in the absence of consideration. In United States contract law, an implied ''covenant'' of good faith is presumed. A covenant is an agreement like a contract. The covenantor makes a promise to a covenantee to perform an action ''(affirmative covenant'' in the United States or ''positive covenant'' in England and Wales) or to refrain from an action (negative covenant). In real property law, the term ''real covenants'' means that conditions are tied to the ownership or use of land. A "covenant running with the land", meeting tests of wording and circumstances laid down in precedent, imposes duti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fundamental Breach
Fundamental breach of contract, is a controversial concept within the common law of contract. The doctrine was, in particular, nurtured by Lord Denning, Master of the Rolls from 1962 to 1982, but it did not find favour with the House of Lords. Whereas breach of condition is a serious breach that "denies the plaintiff the main benefit of the contract", fundamental breach was supposed to be even worse, with the result that any exclusion clause limiting the defendant's liability would automatically become void and ineffective. Also, whereas breach of condition gives the plaintiff the option to repudiate, fundamental breach automatically discharges the entire contract. Although the concept caused some excitement in the 1950s and 1960s, the concept was regarded as flawed by the Law Lords, whose decision in the '' Suisse Atlantique'' substantially curtailed the doctrine, which has now been effectively "laid to rest" in England and Canada. The relevant concept in English Law is repudiator ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Anthony Mann (judge)
Sir George Anthony Mann (born 21 May 1951), is a retired judge of the High Court of England and Wales. He was educated at The Perse School and St Peter's College, Oxford. He was called to the bar at Lincoln's Inn in 1974 and became a bencher there in 2002. He was made a QC in 1992, recorder from 2002 to 2004, and judge of the High Court of Justice The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal of England and Wales, Court of Appeal and the Crown Court, are the Courts of England and Wales, Senior Cou ... (Chancery Division) since 2004. References 1951 births Living people Knights Bachelor People educated at The Perse School Alumni of St Peter's College, Oxford Members of Lincoln's Inn Chancery Division judges {{UK-law-bio-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gallaher Group
Gallaher Group was a United Kingdom-based multinational tobacco company which traded on the London Stock Exchange and was a constituent of the FTSE 100 Index, prior to its acquisition by Japan Tobacco in April 2007. Japan Tobacco trades in the United Kingdom as Gallaher Ltd. History The business was founded in 1857 by Tom Gallaher in Derry, Ireland (now part of Northern Ireland.) By 1896, he had opened the largest tobacco factory in the world in Belfast. The business was incorporated on 28 March 1896 to "carry on in all their branches the businesses of tobacco, cigar, cigarettes and snuff manufacture". Formerly manufacturing in London and Dublin, Gallaher moved production to Belfast (cigarettes) and Wales (cigars) in the early 20th century. Gallaher went on to acquire a number of rival companies including J. A. Pattreiouex (1937), J. R. Freeman (1947), Cope Bros & Co (1952) and Benson & Hedges (1955). Gallaher held a Royal Warrant of Appointment for 122 years, until the wa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dalkia
Dalkia is an energy service company, subsidiary of the EDF Group. Its two main businesses consist in making the most of local renewables and unlocking energy savings. Dalkia develops alternative renewables, such as biomass, geothermal, biogas and recovered energies. The company generated €4 billion in revenues in 2017. It has approximately 16,000 employees and has been led by chairwoman and CEO Sylvie Jéhanno since January 2017. History Origins Former logotype before it became a subsidiary of EDF, thumb Dalkia was originally known as the Compagnie Générale de Chauffe (CGC), founded in 1935. In 1967, Chauffage Service (founded in 1944) merged into CGC. In 1980, CGC was acquired by Compagnie Générale des Eau (CGE, later renamed Vivendi in 1998). CGC merged with Groupe Montenay in 1986 to form Compagnie Générale de Chauffe/Groupe Montenay, which was further merged in 1995 to become the Energy Services division of CGE. Creation of Dalkia In 1998, the CGE Ener ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
David Neuberger, Baron Neuberger Of Abbotsbury
David Edmond Neuberger, Baron Neuberger of Abbotsbury (; born 10 January 1948) is an English judge. He served as President of the Supreme Court of the United Kingdom from 2012 to 2017. He was a Lord of Appeal in Ordinary until the House of Lords' judicial functions were transferred to the new Supreme Court in 2009, at which point he became Master of the Rolls, the second most senior judge in England and Wales. Neuberger was appointed to the Supreme Court, as its President, in 2012. He now serves as a Non-Permanent Judge of the Hong Kong Court of Final Appeal and the Chair of the High-Level Panel of Legal Experts on Media Freedom. Early life Neuberger was born on 10 January 1948, the son of Albert Neuberger, Professor of Chemical Pathology at St Mary's Hospital, University of London, and his wife, Lilian. His uncle was the noted rabbi Herman N. Neuberger. All three of his brothers are or were professors: James Neuberger is Professor of Medicine at the University of Birmi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
National Power
National power is defined as the sum of all resources available to a nation in the pursuit of national objectives. Assessing the national power of political entities was already a matter of relevance during the classical antiquity, the middle ages and the renaissance and today. Elements of national power National power stems from various ''elements'', also called ''instruments'' or ''attributes''; these may be put into two groups based on their applicability and origin - "natural" and "social". * Natural: ** Geography ** Resources ** Population * Social: **Economic **Political **Military ** Psychological ** Informational Geography Important facets of geography such as location (geography), climate, topography, and size play major roles in the ability of a nation to gain national power. Location has an important bearing on foreign policy of a nation. The relation between foreign policy and geographic location gave rise to the discipline of geopolitics. The presence of a water obsta ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rupert Jackson
Sir Rupert Matthew Jackson, PC (born 7 March 1948) is a retired justice of the Court of Appeal of England and Wales. Currently he serves as a Justice of the Astana International Financial Centre Court. Career Jackson was educated at Christ's Hospital and Jesus College, Cambridge, of which he is an Honorary Fellow. As an undergraduate, he served as President of the Cambridge Union. He was called to the Bar in 1972 (Middle Temple) and made a Bencher in 1995. He became a Queen's Counsel in 1987, practising from 4 New Square Chambers. Jackson was a Recorder from 1990 until 1998, and was appointed a Deputy High Court Judge in 1993. In 1999, he was appointed a Judge of the High Court of Justice and assigned to the Queen's Bench Division and was knighted the same year. He later served as the judge in charge of the Technology and Construction Court from 2004 to 2007. On 2 October 2008, Jackson was appointed a Lord Justice of Appeal, and he received the customary appointment to t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Literal Meaning
Literal and figurative language is a distinction within some fields of language analysis, in particular stylistics, rhetoric, and semantics. *Literal language uses words exactly according to their conventionally accepted meanings or denotation. *Figurative (or non-literal) language uses words in a way that deviates from their conventionally accepted definitions in order to convey a more complicated meaning or heightened effect. Figurative language is often created by presenting words in such a way that they are equated, compared, or associated with normally unrelated meanings. Literal usage confers meaning to words, in the sense of the meaning they have by themselves, outside any figure of speech. It maintains a consistent meaning regardless of the context, with ''the intended meaning corresponding exactly to the meaning'' of the individual words. On the contrary, figurative use of language is the use of words or phrases that ''implies a non-literal meaning which does make sense ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
