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Fraudulent Misrepresentation
The tort of deceit is a type of legal injury that occurs when a person intentionally and knowingly deceives another person into an action that damages them. Specifically, deceit requires that the tortfeasor * makes a factual representation, * knowing that it is false, or reckless or indifferent about its veracity, * intending that another person relies on it, * who then acts in reliance on it, to that person's own detriment. Deceit dates in its modern development from ''Pasley v. Freeman''. Here the defendant said that a third party was creditworthy to the claimant, knowing he was broke. The claimant loaned the third party money and lost it. He sued the defendant successfully. Relationship with negligence The leading case in English law is '' Derry v. Peek'', which was decided before the development of the law on negligent misstatement. In '' Hedley Byrne & Co Ltd v. Heller & Partners Ltd'' it was decided that people who make statements which they ought to have known were untrue ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Term Reports
Term may refer to: *Terminology, or term, a noun or compound word used in a specific context, in particular: **Technical term, part of the specialized vocabulary of a particular field, specifically: ***Scientific terminology, terms used by scientists Law *Contractual term, a legally binding provision ** Payment (or credit) terms, a part of an invoice; when you'll have to pay and what discount you'll get by paying early. Like "2/10 net 30". Lengths of time * Academic term, a division of the academic year in which classes are held. For English-speaking university academic terms, see: **Easter term **Hilary term ** Lent term **Michaelmas term **Summer term ** Trinity term *Term of office, the length of time a person serves in a particular office *Term of patent, the maximum period during which a patent can be maintained in force *Term of a pregnancy *Prison sentence, or term, a time served in a prison Mathematics and physics * Term (logic), a component of a logical or mathematical ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Derry V
Derry, officially Londonderry (), is the second-largest city in Northern Ireland and the fifth-largest city on the island of Ireland. The name ''Derry'' is an anglicisation of the Old Irish name (modern Irish: ) meaning 'oak grove'. The old walled city lies on the west bank of the River Foyle, which is spanned by two road bridges and one footbridge. The city now covers both banks (Cityside on the west and Waterside on the east). The population of the city was 83,652 at the 2001 Census, while the Derry Urban Area had a population of 90,736. The district administered by Derry City and Strabane District Council contains both Londonderry Port and City of Derry Airport. Derry is close to the border with County Donegal, with which it has had a close link for many centuries. The person traditionally seen as the founder of the original Derry is Saint , a holy man from , the old name for almost all of modern County Donegal, of which the west bank of the Foyle was a part before ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hedley Byrne & Co Ltd V
Hedley may refer to: * Hedley, British Columbia, Canada, an unincorporated town * Hedley, Texas, United States, a city * Hedley railway station, South Gippsland, Victoria, Australia * Hedley (band), a Canadian pop-rock band formed in 2003 and named after the BC town ** ''Hedley'' (album), their self-titled debut album * Hedley (surname), a list of people and fictional characters * Hedley (given name), a list of people and fictional characters See also * Hedley on the Hill, Northumberland * Hedley Hill, county Durham *Hadleigh (other) *Hadley (other) Hadley may refer to: Places Canada * Hadley Bay, on the north of Victoria Island, Nunavut England * Hadley, London, a former civil parish within Barnet Urban District from 1894 to 1965 * Hadley, Shropshire, part of the new town of Telford ... * Headley (other) {{Disambig, geo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
All England Law Reports
The All England Law Reports (abbreviated in citations to All ER) are a long-running series of law reports covering cases from the court system in England and Wales. Established in 1936, the All England Law Reports are a commercially produced alternative to the "official" reports produced by the Incorporated Council of Law Reporting (under the title The Law Reports). The reports encompass judgments with headnotes and catchwords from the House of Lords, both divisions of the Court of Appeal and all divisions of the High Court. The series contains cross-references and hypertext links to both other ''All England'' cases and legislation cited in the Report. The All England reports are published by LexisNexis Butterworths LexisNexis is a part of the RELX corporation that sells data analytics products and various databases that are accessed through online portals, including portals for computer-assisted legal research (CALR), newspaper search, and consumer informa .... A second s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Remoteness (law)
In English law, remoteness between a cause of action and the loss or damage sustained as a result is addressed through a set of rules in both tort and contract, which limit the amount of compensatory damages available for a wrong. In negligence, the test of causation not only requires that the defendant was the cause in fact, but also requires that the loss or damage sustained by the claimant was not too remote. As with the policy issues in establishing that there was a duty of care and that that duty was breached, remoteness is designed as a further limit on a cause of action to ensure that the liability to pay damages placed on the defendant is done fairly. Tort Directness The traditional approach was that once a breach in the duty of care had been established, a defendant was liable for all the consequent damage no matter how unusual or unpredictable that damage might be. In ''Re Polemis'' while docked, workers employed to unload the ship negligently dropped a plank into ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duty To Mitigate
Mitigation in law is the principle that a party who has suffered loss (from a tort or breach of contract) has to take reasonable action to minimize the amount of the loss suffered. As stated by the Canadian Federal Court of Appeal in ''Redpath Industries Ltd. v. Cisco (The)'', "It is well established that a party who suffers damages as a result of a breach of contract has a duty to mitigate those damages, that is to say that the wrongdoer cannot be called upon to pay for avoidable losses which would result in an increase in the quantum of damages payable to the injured party." The onus on showing a failure to mitigate damages is on the defendant. In the UK, Lord Leggatt describes the "function of the doctrine of mitigation" as enabling the law Iain Drummond notes that in English law there is no ''duty'' to mitigate loss. Rather, the principle is that "damages will be limited by an assumption that plaintiffhas taken reasonable steps in mitigation of loss", regardless of whethe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Weekly Law Reports
The Incorporated Council of Law Reporting for England and Wales (ICLR) is a registered charity based in London, England, that publishes law reports of English law. The company is widely recognised as a reputable producer of reports (and the only 'official' source), which are used by students, academics, journalists, lawyers and judges across the country. History The ICLR was founded in 1865 by W. T. S. Daniel QC, and its first meeting took place on 25 February at Westminster Hall, then the home of the Court of King's Bench, the Court of Common Pleas and the Court of Chancery. The council was incorporated under the Companies Act 1862 in 1870. Largely working "as a private enterprise without state aid or interference," the council "was not intended to be profit-making except in so far as it was necessary to make it self-supporting." Working on this principle, the Council applied in 1966 for registration to become an official charity under section 4 of thCharities Act 1960 Upon reje ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contributory Negligence
In some common law jurisdictions, contributory negligence is a defense to a tort claim based on negligence. If it is available, the defense completely bars plaintiffs from any recovery if they contribute to their own injury through their own negligence. Because the contributory negligence doctrine can lead to harsh results, many common law jurisdictions have abolished it in favor of a "comparative fault" or "comparative negligence" approach. A comparative negligence approach reduces the plaintiff's damages award by the percentage of fault that the fact-finder assigns to the plaintiff for his or her own injury. For example, if a jury thinks that the plaintiff is 30% at fault for his own injury, the plaintiff's damages award will be reduced by 30%. History The doctrine of contributory negligence was dominant in U.S. jurisprudence in the 19th and 20th century. The English case Butterfield v. Forrester is generally recognized as the first appearance, although in this case the jud ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tort Law
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictions derive their tort law from cus ... [...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] |
Misleading Or Deceptive Conduct
Misleading or deceptive conduct (often referred to as just misleading conduct) is a doctrine of law of Australia, Australian law. Section 18 of the ''Australian Consumer Law'',''Competition and Consumer Act'' 2010 (CthSchedule 2, The Australian Consumer Law which is found in schedule 2 of the Competition and Consumer Act 2010, prohibits conduct by corporations in trade or commerce which is misleading or deceptive or is likely to mislead or deceive. The states and territories of Australia each have Fair Trading Legislation either containing similar provisions in relation to misleading or deceptive conduct by individuals, or simply applies the federal law to the state or territory. Section 12DA of the ''Australian Securities and Investment Commission Act'' 2001 prohibits misleading or deceptive conduct in financial services. The doctrine aims primarily to provide consumer protection by preventing businesses from misleading their customers. However, it extends to all situations in t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
