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Hadley V Baxendale
''Hadley & Anor v Baxendale'' ''& Ors'' 854EWHC J70is a leading English contract law case. It sets the leading rule to determine consequential damages from a breach of contract: a breaching party is liable for all losses that the contracting parties should have foreseen. However, if the other party has special knowledge that the party-in-breach does not, the breaching party is only liable for the losses that he could have foreseen on the information available to him. Facts The claimants, Mr Hadley and another, were millers and mealmen and worked together in a partnership. A crankshaft of a steam engine at the mill had broken and Hadley arranged to have a new one made by W. Joyce & Co. in Greenwich. Before the new crankshaft could be made, W. Joyce & Co. required that the broken crankshaft be sent to them in order to ensure that the new crankshaft would fit together properly with the other parts of the steam engine. Hadley contracted with defendants Baxendale and Ors to deliver t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parke B
James Parke, 1st Baron Wensleydale PC (22 March 1782 – 25 February 1868) was a British barrister and judge. After an education at The King's School, Macclesfield and Trinity College, Cambridge he studied under a special pleader, before being called to the Bar by the Inner Temple in 1813. Although not a particularly distinguished barrister, he was appointed to the Court of King's Bench on 28 November 1828, made a Privy Counsellor in 1833 and, a year later, a Baron of the Exchequer. He resigned his post in 1855, angered by the passing of the Common Law Procedure Acts, but was recalled by the government, who gave him a peerage as Baron Wensleydale of Walton to allow him to undertake the Judicial functions of the House of Lords, a role he fulfilled until his death on 25 February 1868. Early life and education Parke was born on 22 March 1782 in Highfield, near Liverpool, to Thomas Parke, a merchant, and his wife Anne. He studied at The King's School, Macclesfield before matr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Edward Alderson (judge)
Sir Edward Hall Alderson (baptised 11 September 1787 – 27 January 1857) was an English lawyer and judge whose many judgments on commercial law helped to shape the emerging British capitalism of the Victorian era.Hedley (2004) He was a Baron of the Exchequer and so held the honorary title Baron Alderson, in print Alderson, B. Early life Born in Great Yarmouth, Alderson was the eldest son of Robert (died 1833), a barrister and recorder, and Elizabeth ''née'' Hurry who died in 1791. Alderson suffered an unstable childhood, variously living with relatives, unhappily attending Charterhouse School but, more positively, being tutored by Edward Maltby. He was an able student of mathematics and classics at Gonville and Caius College, Cambridge, about to take exams he heard of the sad death of his sister Isabella. A year later in 1809 he graduated as senior wrangler, First Smith's prize, was First Medallist, and Chancellor's Gold Medallist. During free time he became an ardent debat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Subjective And Objective Standard Of Reasonableness
In law, subjective standard and objective standards are legal standards for knowledge or beliefs of a plaintiff or defendant.Quimbe Legal Definitions, ''"Subjective standard of reasonableness"'', Definition - A standard that assesses the reasonableness of a defendant’s actions based on what the defendant perceived."/ref> State v. Leidholm, Supreme Court of North Dakota, 334 N.W.2d 811 (1983) An objective standard of reasonableness ascertains the knowledge of a person by viewing a situation from the standpoint of a hypothetical reasonable person, without considering the particular physical and psychological characteristics of the defendant. A subjective standard of reasonableness asks whether the circumstances would produce an honest and reasonable belief in a person having the particular mental and physical characteristics of the defendant, such as their personal knowledge and personal history, when the same circumstances might not produce the same in a general reasonable person. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Charles Dumoulin
Charles Dumoulin (Du Moulin, Molinaeus) (1500–1566) was a French jurist. He was surnamed by some of his contemporaries the "French Papinian". Life He was born in Paris. He began practice as an advocate before the ''parlement'' of Paris from 1522 to 1535 and later taught law at various places. After he turned Lutheran and later Calvinist, he was forced into exile for many years, with stays in Basel, Geneva, Tübingen, Strasbourg, Besançon, and elsewhere. He returned to Paris in 1557 but had to flee again in 1562. After writing against the Council of Trent, he was imprisoned by order of the ''parlement'' until 1564. He converted back to Catholicism on his deathbed. Works Dumoulin was a prolific writer on legal, theological, and other topics. His legal writings (on Roman law, canon law, customary law) gained him greatest reputation. His remarkable erudition and breadth of view had a considerable effect on the subsequent development of French law. At the same time, several of t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Australia
The High Court of Australia is Australia's apex court. It exercises original and appellate jurisdiction on matters specified within Australia's Constitution. The High Court was established following passage of the '' Judiciary Act 1903''. It derives its authority from Chapter III of the Australian Constitution, which vests it responsibility for the judicial power of the Commonwealth. Important legal instruments pertaining to the High Court include the ''Judiciary Act 1903'' and the ''High Court of Australia Act 1979''.. Its bench is composed of seven justices, including a Chief Justice, currently Susan Kiefel. Justices of the High Court are appointed by the Governor-General on the advice of the Prime Minister and are appointed permanently until their mandatory retirement at age 70, unless they retire earlier. The court has resided in Canberra since 1980, following the construction of a purpose-built High Court Building, located in the Parliamentary Triangle and over ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
James Edelman
James Joshua Edelman (born 9 January 1974) has been a justice of the High Court of Australia since 30 January 2017, and is a former justice of the Federal Court of Australia and the Supreme Court of Western Australia. He is noted for his various achievements at a young age, including becoming a professor at Oxford University before the age of 35 and a justice of the Supreme Court of Western Australia before the age of 40. He was 43 years old upon commencing his appointment on the High Court and is eligible to continue until reaching the constitutionally required retirement age of 70 in 2044. Education Edelman completed high school at Scotch College in Perth, Western Australia. He completed bachelor's degrees in Economics (1995) and Law (first class honours, 1996) at the University of Western Australia and a Bachelor of Commerce (1997) at Murdoch University. He was awarded a Rhodes Scholarship in 1998 and completed a doctorate at Magdalen College, University of Oxford in 2001. C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fons Et Origo
Fons et origo is a Latin term meaning "source and origin". Typical usage of the term describes Athens as the ''fons et origo'' of democracy, or Italy as the ''fons et origo'' of classical music. Lancelot Ware (1915–2000), the founder of Mensa, was awarded the honorary title ''Fons et Origo'' by the society in 1987. References {{reflist *Collected Works. "I seem to be the fons et origo of all the evil imputed to the ndian Ndian is a department of Southwest Region in Cameroon. It is located in the humid tropical rainforest zone about southeast of Yaoundé, the capital. History Ndian division was formed in 1975 from parts of Kumba and Victoria divisions and is ...Congress." (1943) *Quoted in ''Gandhi and Churchill'' by Arthur Herman, (2008) Bantam Dell, NY, NY Latin words and phrases ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robert Goff, Baron Goff Of Chieveley
Robert Lionel Archibald Goff, Baron Goff of Chieveley, (12 November 1926 – 14 August 2016) was an English barrister and judge who was Senior Lord of Appeal in Ordinary, the equivalent of today's President of the Supreme Court. Best known for establishing unjust enrichment as a branch of English law, he has been described by Andrew Burrows as "the greatest judge of modern times". Goff was the original co-author of ''Goff & Jones'', the leading English law textbook on restitution and unjust enrichment, first published in 1966. He practised as a commercial barrister from 1951 to 1975, following which he began his career as a judge. He was appointed to the Judicial Committee of the House of Lords in 1986. Goff was born in his mother's family home in Perthshire, Scotland, and was raised in Hampshire, England. He obtained a place at New College, Oxford, but was called up in December 1944 and served in the Scots Guards in Italy until going to Oxford in October 1948. He earned a firs ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
State Supreme Court
In the United States, a state supreme court (known by other names in some states) is the highest court in the state judiciary of a U.S. state. On matters of state law, the judgment of a state supreme court is considered final and binding in both state and federal courts. Generally, a state supreme court, like most appellate tribunals, is exclusively for hearing appeals of legal issues. Although state supreme court rulings on matters of state law are final, rulings on matters of federal law can be appealed to the Supreme Court of the United States. Each state supreme court consists of a panel of judges selected by methods outlined in the state constitution. Among the most common methods for selection are gubernatorial appointment, non-partisan election, and partisan election, but the different states follow a variety of procedures. Role and powers Under the system of federalism established by the United States Constitution, federal courts have limited jurisdiction, and state ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Review
A law review or law journal is a scholarly journal or publication that focuses on legal issues. A law review is a type of legal periodical. Law reviews are a source of research, imbedded with analyzed and referenced legal topics; they also provide a scholarly analysis of emerging law concepts from various topics. Law reviews are generated in almost all law bodies/institutions worldwide. However, in recent years, some have claimed that the traditional influence of law reviews is declining. Unlike other scholarly journals, most law journals in the United States and Canada are housed at individual law schools and are edited by students, not professional scholars. A law school will typically have a "flagship" law review and several secondary journals dedicated to specific topics. For example, Harvard Law School's flagship journal is the '' Harvard Law Review'', and it has 16 other secondary journals such as the '' Harvard Journal of Law & Technology'' and the '' Harvard Civil R ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Restatement (Second) Of Contracts
The Restatement (Second) of the Law of Contracts is a legal treatise from the second series of the Restatements of the Law, and seeks to inform judges and lawyers about general principles of contract common law. It is one of the best-recognized and frequently cited legal treatisesAcceptable citation format under the Bluebook: "Restatement (Second) of Contracts § ___ (1981)." The Bluebook: A Uniform System of Citation § 12.8.5 (Columbia Law Review Ass'n et al. eds., 17th ed. 2000) in all of American jurisprudence. Every first-year law student in the United States is exposed to it, and it is a frequently cited non-binding authority in all of U.S. common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ... in the areas of contracts and commercial transactions. It is a work without ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
