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Contractual Freedom
Freedom of contract is the process in which individuals and groups form contracts without government restrictions. This is opposed to government regulations such as minimum-wage laws, competition laws, economic sanctions, restrictions on price fixing, or restrictions on contracting with undocumented workers. The freedom to contract is the underpinning of ''laissez-faire'' economics and is a cornerstone of free-market libertarianism. The proponents of the concept believe that through "freedom of contract", individuals possess a general freedom to choose with whom to contract, whether to contract or not, and on which terms to contract. History Henry James Sumner Maine proposed that social structures evolve from roles derived from social status to those based on contractual freedom. A status system establishes obligations and relationships by birth, but a contract presumes that the individuals are free and equal. Modern libertarianism, such as that advanced by Robert Nozick, ...
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Economic Regulation
Regulatory economics is the economics of regulation. It is the application of law by government or regulatory agency, regulatory agencies for various purposes, including remedying market failure, Environmental law, protecting the environment and economic management. Regulation Regulation is generally defined as legislation imposed by a government on individuals and private sector firms in order to regulate and modify economic behaviors. Conflict can occur between public services and commercial procedures (e.g. maximizing Profit (economics), profit), the interests of the people using these services (see market failure), and also the interests of those not directly involved in transactions (Externality, externalities). Most governments, therefore, have some form of control or regulation to manage these possible conflicts. The ideal goal of economic regulation is to ensure the delivery of a safe and appropriate service, while not discouraging the effective functioning and developmen ...
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Rufus Wheeler Peckham
Rufus W. Peckham (November 8, 1838 – October 24, 1909) was an American lawyer and jurist who served as an Associate Justice of the U.S. Supreme Court from 1895 to 1909, and is the most recent Democratic nominee approved by a Republican-majority Senate. He was known for his strong use of substantive due process to invalidate regulations of business and property. Peckham's namesake father was also a lawyer and judge, and a U.S. Representative. His older brother, Wheeler Hazard Peckham (1833–1905), was one of the lawyers who prosecuted William M. Tweed and a failed nominee to the Supreme Court. Biography Peckham was born in Albany, New York, to Rufus Wheeler Peckham and Isabella Adeline Lacey; his mother died when he was only nine. Following his graduation from The Albany Academy, he followed in his father's footsteps as a lawyer, being admitted to the bar in Albany in 1859 after teaching himself law by studying in his father's office. After a decade of private practice, Peckha ...
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Glynn V
Glynn () is a small village and civil parish in the Mid and East Antrim Borough Council area of County Antrim, Northern Ireland. It lies a short distance south of Larne, on the shore of Larne Lough. Glynn had a population of 2,027 people in the 2011 Census. History St. Patrick is said to have built the Church of Gluaire around 435 A.D. Within the town limits, the remnants of a historic stone church can still be found. The county of Antrim was once divided into the districts of North Clandeboye and Glynns (Glynnes). The region was a vicarage in the Diocese of Connor and the ecclesiastical province of Armagh, and it was a gift from Marquess of Donegall. The village is then mentioned in a grant from King James I to Arthur Lord Chichester, Baron of Belfast, of his estates in Antrim, Down and Carrickfergus. This grant was dated 20 November 1620. In a later grant from King Charles II to Edward, Viscount Chichester, Glynn was mentioned as being part of the territory of Maghera ...
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L'Estrange V
L'Estrange is a surname of French origin which may refer to any of the following people or characters. People L'Estrange * Alexander L'Estrange (born 1974), English composer and jazz musician * Charles James L'Estrange (1867–1947), children's fiction author who used the pen name Herbert Strang along with George Herbert Ely (1866–1958) * Francis L'Estrange (c. 1756–1836), Irish surgeon, President of the Royal College of Surgeons in Ireland * Gerry L'Estrange (1917–1996), Irish politician * Heath L'Estrange (born 1985), Australian rugby league player * Henri L'Estrange (c. 1842–c. 1900), Australian tightrope walker and balloonist * Herbert L'Estrange Ewen (1876–1912), British philatelist * Michael L'Estrange (born 1952), Australian academic and former public servant * Nicholas L'Estrange (1511–1580), English Member of Parliament * Peter L'Estrange, 20th-century Australian Jesuit priest * Richard L'Estrange (1500s), English Member of Parliament * Roger L'Estrange ( ...
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Thompson V
Thompson may refer to: People * Thompson (surname) * Thompson M. Scoon (1888–1953), New York politician Places Australia * Thompson Beach, South Australia, a locality Bulgaria * Thompson, Bulgaria, a village in Sofia Province Canada * Thompson, Manitoba * Thompson (electoral district), an electoral district in the above location * Rural Municipality of Thompson, Manitoba * Thompson River, a river in British Columbia ** Thompson Country, a region within the basin of the Thompson River ** Thompson Plateau, a landform in the Interior of British Columbia named for the Thompson River ** Thompson-Nicola Regional District, a regional district in British Columbia * Thompson Sound (British Columbia), a sound in the area of the Broughton Archipelago * Thompson Sound, British Columbia, an unincorporated locality at Thompson Sound * Thompson Station, Nova Scotia England * Thompson, Norfolk New Zealand * Thompson Sound (New Zealand), one of the indentations in the coas ...
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Lord Denning MR
Alfred Thompson "Tom" Denning, Baron Denning (23 January 1899 – 5 March 1999) was an English lawyer and judge. He was called to the bar of England and Wales in 1923 and became a King's Counsel in 1938. Denning became a judge in 1944 when he was appointed to the Probate, Divorce and Admiralty Division of the High Court of Justice, and transferred to the King's Bench Division in 1945. He was made a Lord Justice of Appeal in 1948 after less than five years in the High Court. He became a Lord of Appeal in Ordinary in 1957 and after five years in the House of Lords returned to the Court of Appeal as Master of the Rolls in 1962, a position he held for twenty years. In retirement he wrote several books and continued to offer opinions on the state of the common law through his writing and his position in the House of Lords. Margaret Thatcher said that Denning was "probably the greatest English judge of modern times". Denning's appellate work in the Court of Appeal did not concern ...
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George Mitchell (Chesterhall) Ltd V Finney Lock Seeds Ltd
''George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd'' 982EWCA Civ 5and [19832 AC 803 is a case concerning the sale of goods and exclusion clauses. It was decided under the Unfair Contract Terms Act 1977 and the Sale of Goods Act 1979. Facts Finney Lock Seeds Ltd agreed to supply George Mitchell (Chesterhall) Ltd with 30 lb of Dutch winter cabbage seed for £201.60. An invoice sent with the delivery was considered part of the contract and limited liability to replacing 'any seeds or plants sold' if defective (clause 1) and excluding all liability for loss or damage or consequential loss or damage from use of the seed (clause 2). of crops failed, and £61,513 was claimed for loss of production. The two main issues in the case were whether the limitation clause should be interpreted to cover the seeds actually sold, given that the seeds were wholly defective and so did not do a seed's job at all and whether, under the Unfair Contract Terms Act 1977, s 2(2) the limitation ...
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George Jessel (jurist)
Sir George Jessel, (13 February 1824 – 21 March 1883) was a British judge. He was one of the most influential commercial law and equity judges of his time, and served as the Master of the Rolls. He was the first Jew to be a regular member of the Privy Council and to hold high judicial office. Early life and education Born in Savile Row, London, Jessel was the son of Zadok Aaron Jessel, a Jewish merchant, and his wife Mary, ''née'' Harris. He was educated at Mr Neumegen's School for Jews at Kew, and being prevented by religious disabilities from proceeding to the University of Oxford or Cambridge, went to University College London, matriculating in 1840. He entered Lincoln's Inn as a student in 1842, and a year later took his BA at the University of London, becoming MA and gold medallist in mathematics and natural philosophy in 1844. In 1846 he was elected a fellow of University College, London. He entered Lincoln's Inn in 1842 as a student and was called to the bar in 1 ...
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Printing And Numerical Registering Co V Sampson
''Printing and Numerical Registering Co v Sampson'' (1875) 19 Eq 462 is an English contract law and patent case. It is most notable for strong advocacy of the principle of freedom of contract put forward by Sir George Jessel MR. The strict principles expressed were mostly abandoned over the 20th century, as summarised by Lord Denning MR in ''George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd''. _Facts The_Printing_and_Numerical_Registering_Co_sued_Sampson_for_breaching_a_patent_agreement._Sampson_and_other_shareholders_in_the_company_had_made_a_contract_to_sell_"all_future_patent_rights"_to_the_company._Sampson_began_using_the_information_covered_by_the_patent_in_his_own_business._The_company_sued._Sampson_argued_his_agreement_should_be_void_and_be_considered_as_being_contrary_to_public_policy_because_it_lasted_for_so_long. _Judgment George_Jessel_(jurist).html" ;"title="9832 AC 803 is a case concerning the sale of goods and exclusion clauses. It was decided under the Unfair ...
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Washington (state)
Washington (), officially the State of Washington, is a state in the Pacific Northwest region of the Western United States. Named for George Washington—the first U.S. president—the state was formed from the western part of the Washington Territory, which was ceded by the British Empire in 1846, by the Oregon Treaty in the settlement of the Oregon boundary dispute. The state is bordered on the west by the Pacific Ocean, Oregon to the south, Idaho to the east, and the Canadian province of British Columbia to the north. It was admitted to the Union as the 42nd state in 1889. Olympia is the state capital; the state's largest city is Seattle. Washington is often referred to as Washington state to distinguish it from the nation's capital, Washington, D.C. Washington is the 18th-largest state, with an area of , and the 13th-most populous state, with more than 7.7 million people. The majority of Washington's residents live in the Seattle metropolitan area, the center of trans ...
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West Coast Hotel Co
West or Occident is one of the four cardinal directions or points of the compass. It is the opposite direction from east and is the direction in which the Sun sets on the Earth. Etymology The word "west" is a Germanic word passed into some Romance languages (''ouest'' in French, ''oest'' in Catalan, ''ovest'' in Italian, ''oeste'' in Spanish and Portuguese). As in other languages, the word formation stems from the fact that west is the direction of the setting sun in the evening: 'west' derives from the Indo-European root ''*wes'' reduced from ''*wes-pero'' 'evening, night', cognate with Ancient Greek ἕσπερος hesperos 'evening; evening star; western' and Latin vesper 'evening; west'. Examples of the same formation in other languages include Latin occidens 'west' from occidō 'to go down, to set' and Hebrew מַעֲרָב maarav 'west' from עֶרֶב erev 'evening'. Navigation To go west using a compass for navigation (in a place where magnetic north is the same dire ...
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Police Power (United States Constitutional Law)
In United States constitutional law, the police power is the capacity of the states to regulate behavior and enforce order within their territory for the betterment of the health, safety, morals, and general welfare of their inhabitants. Police power is defined in each jurisdiction by the legislative body, which determines the public purposes that need to be served by legislation. Under the Tenth Amendment to the United States Constitution, the powers not delegated to the Federal Government are reserved to the states or to the people. This implies that the Federal Government does not possess all possible powers, because most of these are reserved to the State governments, and others are reserved to the people. Police power is exercised by the legislative and executive branches of the various states through the enactment and enforcement of laws. States have the power to compel obedience to these laws through whatever measures they see fit, provided these measures do not infring ...
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