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Implied Terms In English Law
Implied terms in English law are default rules for contracts on points where the terms which contracting parties expressly choose are silent, or mandatory rules which operate to override terms that the parties may have themselves chosen. The purpose of implied terms is often to supplement a contractual agreement in the interest of making the deal effective for the purpose of business, to achieve fairness between the parties or to relieve hardship. Terms may be implied into contract through statutes, custom or by the courts. When implied by statute, Parliament may well make certain terms compulsory. The examples are numerous. For instance, the National Minimum Wage Act 1998, provides that in any contract for work, the worker must be paid according to a minimum wage set by Parliament (£6.19 per hour for workers aged 21 or over as of October 2012). Another example is that under the Unfair Contract Terms Act 1977, liability can only be excluded when reasonable in contracts among busi ... [...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 (such as Australia, Canada, 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 voluntary obligation, contrasting to the duty to not violate others rights in tort or 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 human rights. Generally a contract forms when one person makes an offer, and another person accepts it by communicating their assent or performing the offer's terms. If the terms are certain, and the parties can be presumed from their beha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cunliffe-Owen V Teather & Greenwood
Cunliffe-Owen is a surname, and may refer to: * Sir Philip Cunliffe-Owen (1828–1894), English exhibition organizer and museum director * Sir Hugo Cunliffe-Owen (1870–1947), English tobacco industrialist * Frederick Cunliffe-Owen (1855-1926), British-born American journalist * Cunliffe-Owen baronets The Cunliffe-Owen Baronetcy, of Bray in the County of Berkshire, is a title in the Baronetage of the United Kingdom. It was created on 2 February 1920 for the industrialist Hugo Cunliffe-Owen. He was chairman and president of the British-Ame ..., a title in the Baronetage of the United Kingdom created in 1920 for Hugo Cunliffe-Owen See also * Cunliffe-Owen Aircraft, a British aircraft manufacturer of the World War II era founded by Hugo Cunliffe-Owen {{surname ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Shirlaw V Southern Foundries Ltd
''Southern Foundries (1926) Ltd v Shirlaw'' 940AC 701 is an important English contract law and company law case. In the field of contracts it is well known for MacKinnon LJ's decision in the Court of Appeal, where he put forth the "officious bystander" formulation for determining what terms should be implied into agreements by the courts. In the field of company law, it is known primarily to stand for the principle that damages may be sought for breach of contract by a director even though a contract may ''de facto'' constrain the exercise of powers to sack people found in the company's constitution. Facts Mr Shirlaw had been the managing director of Southern Foundries Ltd, which was in the business of iron castings. But then another company called ‘Federated Foundries Ltd’ took over the business. The new owners had altered article 8 of Southern Foundries Ltd's constitution, empowering two directors and the secretary (who were friends of Federated Foundries) to remove any d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Moorcock
''The Moorcock'' (1889) 14 PD 64 is a leading English contract law case which created an important test for identifying the main terms that the law will imply in commercial, or non-consumer, agreements, especially terms that are "necessary and obvious...to give business efficacy". Terms shall not be implied merely because they appear "desirable and reasonable". The case has been widely cited in later cases and is narrowly distinguished. Facts The owners of the ship called ''The Moorcock'' contracted for space at a wharf owner's jetty in order to unload ''The Moorcock's'' cargo. While docked, the tide went down to a point where the hull of the ship hit a ridge, causing damage to the ship. The plaintiff argued that the wharfingers were responsible to ensure that his vessel would remain safe while docked. The wharf owners, in their defense, claimed that there were no provisions in the contract to ensure the vessel's safety and that they could not have foreseen the damage caused to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Grievance (labour)
A grievance is a formal complaint that is raised by an employee towards an employer within the workplace. There are many reasons as to why a grievance can be raised, and also many ways to go about dealing with such a scenario. Reasons for filing a grievance in the workplace can be as a result of, but not limited to, a breach of the terms and conditions of an employment contract, raises and promotions, or lack thereof, as well as harassment and employment discrimination. According to Sean C. Doyle, in his work titled, ''The Grievance Procedure: The Heart of the Collective Agreement'', the grievance process takes on certain secondary roles in countries such as Canada, United States and the United Kingdom that can include, but are not limited to, "a mechanism for the extension of the relationship between the parties, a union tactic to pressure management for strategic purposes, a diagnostic device to uncover underlying problems in the workplace, a mechanism for individual employees or u ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chartered Institute Of Personnel And Development
The Chartered Institute of Personnel and Development (CIPD) is an association for human resource management professionals. Its headquarters are in Wimbledon, London, England. The organisation was founded in 1913 - it is the world's oldest association in its field and has over 160,000 members internationally working across private, public and voluntary sectors. Peter Cheese was announced in June 2012 as CIPD's new CEO from July 2012. History Origins In the United Kingdom, factory inspectors were appointed for the first time in 1893. In 1896 to look after its women and child workers Rowntree's appointed their first inspector - a Mrs E M Wood. Edward Cadbury of Cadbury Brothers in 1909 called together employers to discuss industrial welfare work and as a result 25 employers formed an association with Mrs Wood of Rowntree's as Secretary. The work of 'welfare workers' came to public attention during a trade show in 1912 at Olympia in London. The forerunner of the CIPD, the Welfare ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Employment Appeal Tribunal
The Employment Appeal Tribunal is a tribunal in England and Wales and Scotland, and is a superior court of record. Its primary role is to hear appeals from Employment Tribunals in England, Scotland and Wales. It also hears appeals from decisions of the Certification Officer and the Central Arbitration Committee and has original jurisdiction over certain industrial relations issues. The tribunal may sit anywhere in Great Britain, although it is required to have an office in London. It is part of the UK tribunals system, under the administration of His Majesty's Courts and Tribunals Service. The tribunal may not make a declaration of incompatibility under the Human Rights Act 1998. Membership There are two classes of members of the tribunal: *Nominated members, who are appointed from English and Welsh circuit judges, judges of the High Court and the Court of Appeal as well as at least one judge from the Court of Session. *Appointed members, who must have special knowledge ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Health Insurance
Health insurance or medical insurance (also known as medical aid in South Africa) is a type of insurance that covers the whole or a part of the risk of a person incurring medical expenses. As with other types of insurance, risk is shared among many individuals. By estimating the overall risk of health risk and health system expenses over the risk pool, an insurer can develop a routine finance structure, such as a monthly premium or payroll tax, to provide the money to pay for the health care benefits specified in the insurance agreement. The benefit is administered by a central organization, such as a government agency, private business, or not-for-profit entity. According to the Health Insurance Association of America, health insurance is defined as "coverage that provides for the payments of benefits as a result of sickness or injury. It includes insurance for losses from accident, medical expense, disability, or accidental death and dismemberment". Background A healt ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fidelity
Fidelity is the quality of faithfulness or loyalty. Its original meaning regarded duty in a broader sense than the related concept of ''fealty''. Both derive from the Latin word ''fidēlis'', meaning "faithful or loyal". In the City of London financial markets it has traditionally been used in the sense encompassed in the motto "My word is my bond". Audio and electronics In audio, "fidelity" denotes how accurately a copy reproduces its source. In the 1950s, the terms " high fidelity" or "hi-fi" were popularized for equipment and recordings which exhibited more accurate sound reproduction. For example, a worn gramophone record will have a lower fidelity than one in good condition, and a recording made by a low budget record company in the early 20th century is likely to have significantly less audio fidelity than a good modern recording. Similarly in electronics, fidelity refers to the correspondence of the output signal to the input signal, rather than sound quality, as in the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kum V Wah Tat Bank Ltd
Kum may refer to: * Kum, a Slavic form of a godfather or a groomsman, similar to a blood brother * Kum., an abbreviation of the Indian honorific ''Kumari'', used for unmarried women * Kum (mountain), a mountain in Slovenia * Kum, Cantonese form of Qin (surname) (琴) and Jin (Chinese surname) (金) * Guqin (a.k.a. Kum or Qin), a Cantonese musical instrument (琴) * ''Kum-Kum'', an anime * Qom, a city in Iran * Qom Province, Iran, whose seat is Qom * Kum, Mazandaran, Iran * Kum, West Azerbaijan, Iran * Qum, Azerbaijan * Christian Kum, Dutch footballer * Kumkum (actress) (a.k.a. Kum Kum), Bollywood actress of 1950s–1970s * Geum River (a.k.a. Kum), a river in South Korea * Kumyk language (ISO code kum), a Turkic language spoken by the Kumyks See also * Keum (other) * Kym (other) Kym may refer to: *River Kym, in Cambridgeshire, England *Kym (singer) (born 1983), or Jin Sha, Chinese singer and actress *Know Your Meme, an internet meme documentation blog * ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Devlin
Patrick Arthur Devlin, Baron Devlin, PC, FBA (25 November 1905 – 9 August 1992) was a British judge and legal philosopher. The second-youngest English High Court judge in the 20th century, he served as a Lord of Appeal in Ordinary from 1960 to 1964. In 1959, Devlin headed the Devlin Commission, which reported on the State of Emergency declared by the colonial governor of Nyasaland. In 1985 he became the first British judge to write a book about a case he had presided over, the 1957 trial of suspected serial killer John Bodkin Adams.Devlin, Patrick; "Easing the Passing", London, The Bodley Head, 1985 Devlin was involved in the debate about homosexuality in British law; in response to the Wolfenden report, he argued, contrary to H. L. A. Hart, that a common public morality should be upheld. Devlin's daughter Clare, then aged 81, said in 2021 that her father had sexually abused her from the age of 7 until her teens. Early life and education Patrick Devlin was born in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
