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Falcke V Scottish Imperial Insurance Co
''Falcke v Scottish Imperial Insurance Co'' (1886) 34 Ch 234 is an English unjust enrichment law case, which also concerns English contract law. It sets out some fundamental principles of construction of obligations, as viewed to exist by the late 19th-century English judiciary. Facts Falcke owned the first mortgage on the life insurance policy of the Duchess de Beaufremont. There were many mortgages on it. Emmanuel paid a large premium on the policy to preserve its value because he mistakenly thought he was the ultimate owner of the equity, or he bought out the interests in the policy that were in priority to his. He claimed he should have a lien on the policy for the premium he just paid, because otherwise the whole life insurance policy would have lapsed. Judgment Bowen LJ held that Emmanuel could get no lien on the basis of his mistake, or his saving the policy. Falcke did not request it, know about it, or acquiesce in the payment. So the entire value of the policy belonged ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bowen LJ
Charles Synge Christopher Bowen, Baron Bowen, (1 January 1835 – 10 April 1894) was an English judge. Early life Bowen was born at Woolaston in Gloucestershire – his father, Rev. Christopher Bowen, originally of Hollymount, County Mayo, being then curate of the parish and his mother, Catherine Steele (1807/8–1902); his younger brother was Edward Ernest Bowen, a long-serving Harrow schoolmaster. He was educated at Lille in France, Blackheath and Rugby schools, leaving the latter in 1853 having won a scholarship to Balliol College, Oxford. There he made good his earlier academic promise, winning the principal classical scholarships and prizes of his time. He was elected a Fellow of Balliol in 1857 while an undergraduate and became President of the Oxford Union in 1858. Career From Oxford, Bowen went to London, where he was called to the bar at Lincoln's Inn in 1861, and while studying law he wrote regularly for the '' Saturday Review'', and also later for ''The Spectat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fry LJ
Sir Edward Fry, (4 November 1827 – 19 October 1918) was an English Lord Justice of Appeal (1883–1892) and an arbitrator on the Permanent Court of Arbitration. Biography Joseph Fry (1795-1879) and Mary Ann Swaine were his parents. He was a Quaker from a prominent Bristol family which founded and owned the chocolate firm J. S. Fry & Sons. His grandfather was Joseph Storrs Fry (1767–1835) and his brothers included a second Joseph Storrs Fry (1826-1913) who ran the firm and Lewis Fry (1832-1921) who was a politician. He was called to the bar in 1854, took silk in 1869 and became a judge in Chancery in 1877, receiving the customary knighthood. He was raised to the Court of Appeal in 1883, and was sworn of the Privy Council. He retired in 1892. Retirement from the court did not mean retirement from legal work. He sat on some cases in the Judicial Committee of the Privy Council. In 1897 he accepted an offer to preside over the royal commission on the Irish Land Acts. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Unjust Enrichment Law
The English law of unjust enrichment is part of the English law of obligations, along with the law of contract, tort, and trusts. The law of unjust enrichment deals with circumstances in which one person is required to make restitution of a benefit acquired at the expense of another in circumstances which are unjust. The modern law of unjust enrichment encompasses what was once known as the law of quasi-contract. Its precise scope remains a matter of controversy. Beyond quasi-contract, it is sometimes said to encompass the law relating to subrogation, contribution, recoupment, and claims to the traceable substitutes of misapplied property. English courts have recognised that there are four steps required to establish a claim in unjust enrichment. If the following elements are satisfied, a claimant has a prima facie right to restitution: # the defendant has been ''enriched''; # this enrichment is ''at the claimant's expense''; # this enrichment at the claimant's expense is ''unju ... [...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] |
Charles Bowen, Baron Bowen
Charles Synge Christopher Bowen, Baron Bowen, (1 January 1835 – 10 April 1894) was an English judge. Early life Bowen was born at Woolaston in Gloucestershire – his father, Rev. Christopher Bowen, originally of Hollymount, County Mayo, being then curate of the parish and his mother, Catherine Steele (1807/8–1902); his younger brother was Edward Ernest Bowen, a long-serving Harrow schoolmaster. He was educated at Lille in France, Blackheath and Rugby schools, leaving the latter in 1853 having won a scholarship to Balliol College, Oxford. There he made good his earlier academic promise, winning the principal classical scholarships and prizes of his time. He was elected a Fellow of Balliol in 1857 while an undergraduate and became President of the Oxford Union in 1858. Career From Oxford, Bowen went to London, where he was called to the bar at Lincoln's Inn in 1861, and while studying law he wrote regularly for the '' Saturday Review'', and also later for '' T ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1886 In Case Law
Events January–March * January 1 – Upper Burma is formally annexed to British Burma, following its conquest in the Third Anglo-Burmese War of November 1885. * January 5– 9 – Robert Louis Stevenson's novella ''Strange Case of Dr Jekyll and Mr Hyde'' is published in New York and London. * January 16 – A resolution is passed in the German Parliament to condemn the Prussian deportations, the politically motivated mass expulsion of ethnic Poles and Jews from Prussia, initiated by Otto von Bismarck. * January 18 – Modern field hockey is born with the formation of The Hockey Association in England. * January 29 – Karl Benz patents the first successful gasoline-driven automobile, the Benz Patent-Motorwagen (built in 1885). * February 6– 9 – Seattle riot of 1886: Anti-Chinese sentiments result in riots in Seattle, Washington. * February 8 – The West End Riots following a popular meeting in Trafalgar Square, London. * F ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Unjust Enrichment 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 * ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Contract 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 * ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1866 In British Law
Events January–March * January 1 ** Fisk University, a historically black university Historically black colleges and universities (HBCUs) are institutions of higher education in the United States that were established before the Civil Rights Act of 1964 with the intention of primarily serving the African-American community. Mo ..., is established in Nashville, Tennessee. ** The last issue of the abolitionist magazine ''The Liberator (anti-slavery newspaper), The Liberator'' is published. * January 6 – Ottoman Empire, Ottoman troops clash with supporters of Maronite leader Youssef Bey Karam, at St. Doumit in Lebanon; the Ottomans are defeated. * January 12 ** The ''Royal Aeronautical Society'' is formed as ''The Aeronautical Society of Great Britain'' in London, the world's oldest such society. ** British auxiliary steamer sinks in a storm in the Bay of Biscay, on passage from the Thames to Australia, with the loss of 244 people, and only 19 survivors. * January ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
