Solle V Butcher
''Solle v Butcher'' 9501 KB 671 is an English contract law case, concerning the right to have a contract declared voidable in equity. Denning LJ reaffirmed a class of "equitable mistakes" in his judgment, which enabled a claimant to avoid a contract. Denning LJ said, This would have essentially recognised a wider application of a duty of disclosure in most cases, triggered by actual knowledge of one party that another party was mistaken about terms. The case was doubted by a subsequent Court of Appeal case, '' The Great Peace''. Facts Mr Charles Butcher, the landlord, had leased a flat in Maywood House, Beckenham, to Mr Godfrey Solle, the tenant, at £250 a year, both parties believing that the Rent Acts did not apply to the property. Mr Solle later claimed that he should be repaid money over the regulated rent for the flat. Mr Butcher counterclaimed that their contract should be void because both were mistaken about rent regulation applying. The Increase of Rent and Mortgag ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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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 Lady Chief Justice and the Master of the Rolls 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. Its decisions are binding on all courts, ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Common Mistake
In contract law, a mistake is an erroneous belief, ''at contracting'', that certain facts are true. It can be argued as a defense, and if raised successfully, can lead to the agreement in question being found void ''ab initio'' or voidable, or alternatively, an equitable remedy may be provided by the courts. Common law has identified three different types of mistake in contract: the 'unilateral mistake', the 'mutual mistake', and the 'common mistake'. The distinction between the 'common mistake' and the 'mutual mistake' is important. Another breakdown in contract law divides mistakes into four traditional categories: unilateral mistake, mutual mistake, mistranscription, and misunderstanding. The law of mistake in any given contract is governed by the law governing the contract. The law from country to country can differ significantly. For instance, contracts entered into under a relevant mistake have not been voidable in English law since '' Great Peace Shipping Ltd v Tsavlir ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Lord Chancellor King
Peter King, 1st Baron King, (c. 1669 – 22 July 1734), commonly referred to as Lord King, was an English lawyer and politician, who became Lord High Chancellor of Great Britain. Life King was born in Exeter in 1669, and educated at Exeter Grammar School. In his youth he was interested in early church history, and published anonymously in 1691 ''An Enquiry into the Constitution, Discipline, Unity and Worship of the Primitive Church that flourished within the first Three Hundred Years after Christ''. This treatise engaged the interest of his cousin, John Locke, the philosopher, by whose advice his father sent him to the Leiden University, where he stayed for nearly three years. He entered the Middle Temple in 1694 and was called to the bar in 1698. In 1700 he was returned to List of Parliaments of England, Parliament of England as the member for Bere Alston (UK Parliament constituency), Bere Alston in Devon, holding the seat until 1715. He was appointed recorder of Glastonbury ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Blackburn J
Colin Blackburn, Baron Blackburn, (18 May 1813 – 8 January 1896) was a British lawyer and judge. The son of a Scottish clergyman, he was educated in Scotland and England, before joining the English bar. He was little known to the legal world before he was elevated from the junior bar to a puisne judgeship in the Court of Queen's Bench by Lord Campbell in 1859, a position he held until 1876, when he was appointed to the Court of Appeal. In October of that year, he was the first person to be appointed as a law lord under the provisions of the newly enacted Appellate Jurisdiction Act. He retired in 1886 and died ten years later. Life Colin Blackburn was the second son of John Blackburn of Killearn, Stirlingshire, and Rebecca, daughter of the Rev. Colin Gillies. He was born on 18 May 1813. His elder brother, Peter Blackburn, represented Stirlingshire as a Conservative Member of Parliament from 1859 to 1865. Additionally, his younger brother was the renowned mathematician Hugh ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Unconscientious
Unconscionability (sometimes known as unconscionable dealing/conduct in Australia) is a doctrine in contract law that describes terms that are so extremely unjust, or overwhelmingly one-sided in favor of the party who has the superior bargaining power, that they are contrary to good conscience. Typically, an ''unconscionable'' contract is held to be unenforceable because no reasonable or informed person would otherwise agree to it. The perpetrator of the conduct is not allowed to benefit, because the consideration offered is lacking, or is so obviously inadequate, that to enforce the contract would be unfair to the party seeking to escape the contract. Overview Unconscionability is determined by examining the circumstances of the parties when the contract was made, such as their bargaining power, age, and mental capacity. Other issues might include lack of choice, superior knowledge, and other obligations or circumstances surrounding the bargaining process. Unconscionable condu ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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William Milbourne James (judge)
Sir William Milbourne James, (29 June 1807 – 7 June 1881) was a Welsh barrister and judge. A Chancery specialist, he was appointed to the Court of Chancery of England in 1869. The next year, he was appointed Lord Justice of Appeal in Chancery (Lord Justice of Appeal from 1877), as well as a member of the Privy Council, serving until his death in 1881. Early life and family James was born in Merthyr Tydfil, Wales, in 1807 to Christopher James, a prosperous provision merchant, and his wife, Ann.Lloyd (1958), pg 428. He was baptised Presbyterian. His cousin was Charles James (MP), Charles Herbert James, who later became Member of Parliament for Merthyr Tydfil (UK Parliament constituency), Merthyr Tydfil.Lloyd (1958), pg 420. He was educated privately at the school run by John James of Gellionnen before entering University of Glasgow, Glasgow University. In 1836 James was included in the preparations for the record breaking balloon trip funded by Robert Hollond. He was amongst ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Pothier
Pothier is a French surname. Notable people with the surname include: * Robert Joseph Pothier (1699–1772), French jurist and writer on contract law * Toussaint Pothier (1771–1845) Canadian businessman, seigneur and political figure in Lower Canada *Dom Joseph Pothier, O.S.B. (1835–1923), French prelate, liturgist and scholar of Gregorian chant * Aram J. Pothier (1854–1928), American banker and Governor of Rhode Island * Albert A. Pothier (fl. 1890s) Nova Scotia Assemblyman * Lucien Pothier (1883–1957), French racing cyclist * Hector J. Pothier (1891–1976), Canadian physician and Assemblyman in Nova Scotia * Lucien Pothier (wrestler) (born 1894, date of death unknown), Belgian Olympic wrestler * Yvonne Pothier (born 1937), Canadian mathematics educator, Catholic nun, and activist for refugees * Hector Pothier (born 1954), Canadian football player *Fabrice Pothier (born 1975), French political expert * Brian Pothier (born 1977), American NHL ice hockey player * Eric Pothie ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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French Law
French law has a dual jurisdictional system comprising private law (), also known as judicial law, and public law (). Judicial law includes, in particular: * () * Criminal law () Public law includes, in particular: * Administrative law () * () Together, in practical terms, these four areas of law (civil, criminal, administrative and constitutional) constitute the major part of French law. The announcement in November 2005 by the European Commission that, on the basis of powers recognised in a recent European Court of Justice ("ECJ") ruling, it intends to create a dozen or so European Union ("EU") criminal offences suggests that one should also now consider EU law (" droit communautaire", sometimes referred to, less accurately, as " droit européen") as a new and distinct area of law in France (akin to the "federal laws" that apply across States of the US, on top of their own State law), and not simply a group of rules which influence the content of France's civil, crim ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Bell V Lever Bros Ld
''Bell v Lever Brothers Ltd'' 931UKHL 2is an English contract law case decided by the House of Lords. Within the field of Mistake in English contract law, mistake in English law, it holds that common mistake does not lead to a void contract unless the mistake is fundamental to the identity of the contract. Facts Lever Brothers Ltd (which merged in 1930 to become Unilever) was a company which traded in West Africa, through a 99% owned subsidiary called the Niger Company (formerly the Royal Niger Company). The Niger trade was in trouble. Lord Leverhulme, the owner of Lever Bros, hired D'Arcy Cooper (a Quaker and senior partner of his uncle's accountant firm, Cooper Brothers) to be the chairman and manage the crisis. Cooper negotiated a loan from Barclays Bank, which insisted that a professional management run the Niger subsidiary. Cooper hired his friend, Ernest Hyslop Bell, a senior Barclays manager in 1923 as chairman of the subsidiary. Mr Snelling, a tax consultant that had su ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Judicature Acts
In the history of the courts of England and Wales, the Judicature Acts were a series of acts of the Parliament of the United Kingdom, beginning in the 1870s, which aimed to fuse the hitherto split system of courts of England and Wales. The first two acts were the Supreme Court of Judicature Act 1873 ( 36 & 37 Vict. c. 66) and the Supreme Court of Judicature Act 1875 ( 38 & 39 Vict. c. 77), with a further series of amending acts (12 in all by 1899). By the act of 1873 (ss. 3, 4), the Court of Chancery, the Court of King's Bench (known as the Queen's Bench when there is a female sovereign), the Court of Common Pleas, the Court of Exchequer, the High Court of Admiralty, the Court of Probate, and the Court of Divorce and Matrimonial Causes were consolidated into the Supreme Court of Judicature, subdivided into two courts: the "High Court of Justice" ("High Court"), with (broadly speaking) original jurisdiction, and the "Court of Appeal". Besides this restructuring, the o ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Cundy V Lindsay
''Cundy v Lindsay'' (1877–78) LR 3 App Cas 459 is an English contract law case on the subject of mistake, introducing the concept that contracts could be automatically void for mistake as to identity, where it is of crucial importance.(1877-78) LR 3 App Cas 459, page 465 Some lawyers argue that such a rule is at odds with subsequent cases of mistake as to identity, such as '' Phillips v Brooks'', 9192 KB 243 where parties contracting face to face are merely voidable for fraud, protecting a third party buyer.MacMillan, p. 372 However, the ultimate question is whether the identity of the other contracting party was crucial to the contract. The problem for the courts was essentially which of the two innocent parties should bear the loss of the goods. Facts Lindsay & Co sued Cundy to return handkerchiefs, after it had been defrauded by a 'rogue' that sold them onto Cundy. Lindsay & Co were manufacturers of linen handkerchiefs, amongst other things. They received correspondence ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Fusion Of Law And Equity
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |