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Entores Ltd V Miles Far East Corporation
''Entores Ltd v Miles Far East Corporation'' Court of Appeal decision in contract law on the moment of offer and acceptance, acceptance of a contract over telex. Denning LJ found that the regular postal rule did not apply for instantaneous means of communications such as a telex. Instead, acceptance occurs when and where the message of acceptance is received. Facts Entores was a London-based trading company that sent an offer by telex for the purchase of copper cathodes from a company based in Amsterdam Amsterdam ( , , , lit. ''The Dam on the River Amstel'') is the capital and most populous city of the Netherlands, with The Hague being the seat of government. It has a population of 907,976 within the city proper, 1,558,755 in the urban ar .... The Dutch company sent an acceptance by telex. The contract was not fulfilled and so Entores attempted to sue the owner of the Dutch company for damages. The controlling company, Entores, was based in the UK and under English law ...
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Court Of Appeal Of England And Wales
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lord Chief Justice and the Master of the Rolls and Records of the Chancery of England respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court, High Court of Justice and Family Court. Permission to appeal is normally required from either the lower court or the Court of Appeal itself; and with permission, further appeal may lie to the Supreme Court. The ...
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Newcomb V De Roos
Newcomb may refer to: People * Newcomb (surname), includes a list of people with the name Places Antarctica * Newcomb Bay Australia * Newcomb, Victoria, a residential suburb United States * Newcomb Township, Champaign County, Illinois * Newcomb, Maryland, an unincorporated community * Newcomb, New Mexico, a census-designated place * Newcomb, New York, a town * Newcomb, Tennessee, an unincorporated community Outer space * Newcomb (lunar crater), named after Simon Newcomb * Newcomb (Martian crater) Institutions * Newcomb–Tulane College, located in New Orleans, Louisiana * H. Sophie Newcomb Memorial College, the coordinate women's college of Tulane University * Newcomb Art Museum, located at Tulane University, New Orleans, Louisiana * Newcomb High School, New Mexico Ships * USS ''Newcomb'' (DD-586), a U.S. Navy World War II destroyer, named for Frank Newcomb * USS ''Simon Newcomb'' (AGSC-14), a U.S. Navy World War II minesweeper Other uses * Newcomb Pottery, a brand ...
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Court Of Appeal (England And Wales) Cases
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordinar ...
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1955 In British Law
Events January * January 3 – José Ramón Guizado becomes president of Panama. * January 17 – , the first nuclear-powered submarine, puts to sea for the first time, from Groton, Connecticut. * January 18– 20 – Battle of Yijiangshan Islands: The Chinese Communist People's Liberation Army seizes the islands from the Republic of China (Taiwan). * January 22 – In the United States, The Pentagon announces a plan to develop intercontinental ballistic missiles (ICBMs), armed with nuclear weapons. * January 23 – The Sutton Coldfield rail crash kills 17, near Birmingham, England. * January 25 – The Presidium of the Supreme Soviet of the Soviet Union announces the end of the war between the USSR and Germany, which began during World War II in 1941. * January 28 – The United States Congress authorizes President Dwight D. Eisenhower to use force to protect Formosa from the People's Republic of China. February * February 10 – The United States Seventh Fle ...
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Lord Denning Cases
A list of cases involving Lord Denning is bound to be incomplete, since he delivered around 2000 reported judgments. Lord Denning served as a judge for nearly 40 years, from 1944 to 1982. He often played a decisive role in developing the law and was influential around the Commonwealth and common law world. Counsel *'' L'Estrange v F Graucob Ltd'' 9342 KB 394 High Court *'' Fletcher v Fletcher'' 9451 All ER 582, 61 TLR 354, Denning approves the divorce of a husband who deserted wife by withdrawing sexual intercourse and joining a religious community. *''Central London Property Trust Ltd v High Trees House Ltd'' 947KB 130, Denning resurrects the lost doctrine of promissory estoppel. Court of Appeal *'' Hain Steampship Co Ltd v Minister of Food'' 9491 All ER 444 (C.A.) *''Olley v Marlborough Court Hotel'' 9491 KB 532, on exclusion clauses in contract law. *'' Metropolitan Borough and the Town Clerk of Lewisham v Roberts'' 9492 K.B. 608 (C.A.) — Dissenting, an executive bo ...
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English Agreement Case Law
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community * ...
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The Brimnes
''Tenax Steamship Co v Owners of the Motor Vessel Brimnes'' 974EWCA Civ 15is an English contract law case on agreement in English law">agreement. It decided that communication of withdrawal of an offer by telex is effective when it ''could'' be read, rather than when it is in fact read. Judgment The Court of Appeal held that it took place when it was received in the charterer's office, not when it was read. Accepting the submissions of Robert Goff QC, Edmund-Davies LJ said this in the course of his judgment.at 945-946 See also * English contract law Notes {{DEFAULTSORT:Brimnes, The English agreement case law Court of Appeal (England and Wales) cases 1974 in case law 1974 in British law ...
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Brinkibon Ltd V Stahag Stahl Und Stahlwarenhandelsgesellschaft MbH
''Brinkibon Ltd v Stahag Stahl GmbH'' 9832 AC 34 is a landmark decision of the House of Lords The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminste ... on the formation of a contract using modern communication. The Lords largely accepted the earlier leading decision of ''Entores v Miles Far East Co.'' [1955] 2 QB 327 on acceptance via telex. Facts Brinkibon was a London company that bought steel from Stahag, a seller based in Austria. Brinkibon sent their acceptance to a Stahag offer by Telex to Vienna. Brinkibon later wanted to issue a writ against Stahag and applied to serve an out of jurisdiction party. They would only be able to do so if the contract had been formed in England. The question at issue was where the contract was formed. Judgment The Judges decided that the contract was ...
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Law Quarterly Review
The ''Law Quarterly Review'' is a peer-reviewed academic journal covering common law throughout the world. It was established in 1885 and is published by Sweet & Maxwell. It is one of the leading law journals in the United Kingdom. History The ''LQR''s founding editor was Frederick Pollock, then Corpus Professor of Jurisprudence at the University of Oxford. Founded in 1885, it is one of the oldest law journals in the English-speaking world, after only the ''University of Pennsylvania Law Review'' and the ''South African Law Journal''. The editors' intention was that the journal would help to establish law as a worthy field of academic study. In this purpose it has "triumphed". In the first volume alone its contributors included, in addition to Pollock himself, Sir William Anson, Albert Venn Dicey, and Thomas Erskine Holland, each of whom had assisted in the founding of the journal, as well as Oliver Wendell Holmes, F. W. Maitland, T. E. Scrutton (later Lord Justice), James ...
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Professor Winfield
Sir Percy Henry Winfield (16 September 1878 – 7 July 1953) was Rouse Ball Professor of English Law between 1928 and 1943."Obituary" (1953103The Law Journal 466 (17 July 1953) He was born at Stoke Ferry in Norfolk. He died at his home at 13 Cranmer Road in Cambridge. He was married to Lady Helena Winfield, ''née'' Scruby (1887 - 1954). He was a fellow of St John's College, Cambridge. Works He was the author of *''The History of Conspiracy and Abuse of Legal Procedure''. 1921. *''The Present Law of Abuse of Legal Procedure''. 1921. *''The Chief Sources of English Legal History ''The Chief Sources of English Legal History'' is a book written by Percy Henry Winfield and published, with an introduction by Roscoe Pound, by Harvard University Press in 1925. It is "bright and lively", "eminently readable", "admirable" and of ...''. 1925. *''The Principles of International Law''. By T J Lawrence. 7th Ed: 1923. Reprinted 1930, 1931. *''A Handbook of Public International Law''. ...
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Amsterdam
Amsterdam ( , , , lit. ''The Dam on the River Amstel'') is the capital and most populous city of the Netherlands, with The Hague being the seat of government. It has a population of 907,976 within the city proper, 1,558,755 in the urban area and 2,480,394 in the metropolitan area. Located in the Dutch province of North Holland, Amsterdam is colloquially referred to as the "Venice of the North", for its large number of canals, now designated a UNESCO World Heritage Site. Amsterdam was founded at the mouth of the Amstel River that was dammed to control flooding; the city's name derives from the Amstel dam. Originally a small fishing village in the late 12th century, Amsterdam became a major world port during the Dutch Golden Age of the 17th century, when the Netherlands was an economic powerhouse. Amsterdam is the leading center for finance and trade, as well as a hub of production of secular art. In the 19th and 20th centuries, the city expanded and many new neighborho ...
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Denning LJ
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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