Hyde V Wrench
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Hyde V Wrench
''Hyde v Wrench'' offers._In_it_Henry_Bickersteth,_1st_Baron_Langdale.html" ;"title="Offer_and_acceptance.html" ;"title="English_contract_law.html" ;"title="840EWHC Ch J90is a leading English contract law">840EWHC Ch J90is a leading English contract law case on the issue of counter-offers and their relation to initial Offer and acceptance">offers. In it Henry Bickersteth, 1st Baron Langdale">Lord Langdale ruled that any counter-offer cancels the original offer. Facts Wrench offered to sell his farm in Luddenham, Kent, to Hyde for £1200, an offer which Hyde declined. On 6 June 1840 Wrench wrote to Hyde's agent offering to sell the farm for £1000, stating that it was the final offer and that he would not alter from it. Hyde offered £950 in his letter by 8 June, and after examining the offer Wrench refused to accept, and informed Hyde of this on 27 June.Beale (2002) p. 227 On the 29th Hyde agreed to buy the farm for £1000 without any additional agreement from Wrench, and after ...
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Master Of The Rolls
The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the President of the Civil Division of the Court of Appeal of England and Wales and Head of Civil Justice. As a judge, the Master of the Rolls is second in seniority in England and Wales only to the Lord Chief Justice. The position dates from at least 1286, although it is believed that the office probably existed earlier than that. The Master of the Rolls was initially a clerk responsible for keeping the "Rolls" or records of the Court of Chancery, and was known as the Keeper of the Rolls of Chancery. The Keeper was the most senior of the dozen Chancery clerks, and as such occasionally acted as keeper of the Great Seal of the Realm. The post evolved into a judicial one as the Court of Chancery did; the first reference to judicial duties dates from 1520. With the Judicature Act 1873, which merged the Court of Chancery with the other major courts, the Master of the Ro ...
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Henry Bickersteth, 1st Baron Langdale
Henry Bickersteth, 1st Baron Langdale, PC (18 June 1783 – 18 April 1851), a member of the prominent Bickersteth family, was an English physician, law reformer, and Master of the Rolls. Early life and education Langdale was born on 18 June 1783 at Kirkby Lonsdale, the third son of Henry Bickersteth, a surgeon, and Elizabeth Batty. His younger brother was Rev. Edward Bickersteth, whose son Edward Henry became Bishop of Exeter and whose grandson Edward was Bishop of South Tokyo. By the advice of his uncle, Dr. Robert Batty, in October 1801, he went to Edinburgh to pursue his medical studies, and in the following year was called home to take his father's practice in his temporary absence. Disliking the idea of settling down in the country as a general practitioner, young Bickersteth determined to become a London physician. With a view to obtaining a medical degree, on 22 June 1802 his name was entered in the books of Gonville and Caius College, Cambridge, and, on 27 October ...
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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 ...
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Offer And Acceptance
Offer and acceptance are generally recognised as essential requirements for the formation of a contract, and analysis of their operation is a traditional approach in contract law. The offer and acceptance formula, developed in the 19th century, identifies a moment of formation when the parties are of one mind. This classical approach to contract formation has been modified by developments in the law of estoppel, misleading conduct, misrepresentation, unjust enrichment, and power of acceptance. Offer Treitel defines an offer as "an expression of willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed", the "offeree". An offer is a statement of the terms on which the offeror is willing to be bound. It is the present contractual intent to be bound by a contract with definite and certain terms communicated to the offeree. The expression of an offer may take different forms and ...
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Luddenham, Kent
Luddenham is a widespread hamlet or small village north-west of Faversham in Kent, England, with many long-distance views across the Swale and the Isle of Sheppey. It is on the edge of Luddenham Marshes and is also home of Luddenham School. Oare Gunpowder Works are on the edge of the village. It had, according to Edward Hasted in 1798, 396 acres of low flat arable land and 200 acres of meadow and pasture, although half of those are marsh. It is in the civil parish of Norton, Buckland and Stone. It was once called ''Cildresham'', at the time of the Domesday survey. The Manor of Cildresham belonged to Odo, Earl of Kent, (as the Bishop of Bayeux) and was noted so in the ''Domesday Book''. After Odo's trial for fraud, the manor then passed to the Fulbert de Dover (of Chilham) who helped the King defend Dover Castle. Then William de Luddenham became owner the Manor of Luddenham in 1212 and during the reign of Henry III, it passed to Sir Roger de Northwood. It has the Grade I list ...
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Stevenson, Jacques & Co V McLean
''Stevenson, Jaques, & Co v McLean'' 8805 QBD 346 is an English contract law case concerning the rules on communication of acceptance by telegraph. Its approach contrasts to the postal rule. Facts Plaintiffs (P) were iron merchants who purchased iron to sell on to third parties. Defendant (D) was the holder of warrants (titles) for quantities of iron. By telegram (dated Saturday 27 September) D offered to sell iron to P for “40s., nett cash, open till Monday” (the original offer) 48 On Monday morning P sent telegram to D asking whether D would “accept forty for delivery over two months, or if not, longest limit you would allow” 48(P's telegraphic enquiry). D did not respond to the telegram and later that day sold all warrants to another party. D sent a telegram to P at 1.25pm on the Monday advising all warrants had been sold (D's telegram of warrants sold). Prior to receiving that communication, P sent a telegram to D at 1.34pm advising acceptance of offer (P's a ...
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Butler Machine Tool Co Ltd V Ex-Cell-O Corp (England) Ltd
''Butler Machine Tool Co Ltd v Ex-Cell-O Corp (England) Ltd'' 977EWCA Civ 9 is a leading English contract law case. It concerns the problem found among some large businesses, with each side attempting to get their preferred standard form agreements to be the basis for a contract. Facts Butler Machine Tool Co Ltd made and sold machine tools. They sent a letter to Ex-Cell-O on May 23, 1969, offering Ex-Cell-O some new machinery for £75,535. With it were Butler's standard contract terms. These included a price variation clause so that if their manufacturing costs went up, the price rise would be passed on to Ex-Cell-O. Ex-Cell-O replied on May 27 and said they would order the machinery, but on Ex-Cell-O's own standard terms. Ex-Cell-O's standard terms did not have a price variation clause. Butler replied on June 5. It replied on the tear-off slip from Ex-Cell-O's terms. At the bottom of this slip it read, "We accept your order on the terms and conditions stated therein." But But ...
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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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1840 In Case Law
__NOTOC__ Year 184 ( CLXXXIV) was a leap year starting on Wednesday (link will display the full calendar) of the Julian calendar. At the time, it was known as the Year of the Consulship of Eggius and Aelianus (or, less frequently, year 937 '' Ab urbe condita''). The denomination 184 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place China * The Yellow Turban Rebellion and Liang Province Rebellion break out in China. * The Disasters of the Partisan Prohibitions ends. * Zhang Jue leads the peasant revolt against Emperor Ling of Han of the Eastern Han Dynasty. Heading for the capital of Luoyang, his massive and undisciplined army (360,000 men), burns and destroys government offices and outposts. * June – Ling of Han places his brother-in-law, He Jin, in command of the imperial army and sends them to attack the Yellow Turban rebels. * Winter – ...
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