Oscar Chess Ltd V Williams
''Oscar Chess Ltd v Williams'' 957EWCA Civ 5is an English contract law case, concerning the difference between a term and a representation. Facts Williams traded-in his Morris car to Oscar Chess Ltd at the value of £290, describing the car as a 1948 Morris 10. In reality, it was a 1939 model worth only £175. Williams had declared the car's age in good faith, relying on the car's log book; but the document proved to be a forgery. Judgment Denning LJ said the term could only possibly be a warranty, whose ordinary meaning is ‘to denote a binding promise’. In '' Cross v Gardner'' Holt CJ held that ‘An affirmation at the time of a sale is a warranty, provided it appears on evidence to be so intended.’ And this was the ordinary English meaning of a binding promise. But in '' Heilbut, Symons & Co v Buckleton'' 913AC 30 Lord Haldane LC and Lord Moulton said ‘warranty’ in a technical sense, distinguished from a condition. The crucial point of this case was not whether the ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Morris Motor
Morris Motors Limited was a British privately owned motor vehicle manufacturing company formed in 1919 to take over the assets of William Morris's WRM Motors Limited and continue production of the same vehicles. By 1926 its production represented 42 per cent of British car manufacture—a remarkable expansion rate attributed to William Morris's practice of buying in major as well as minor components and assembling them in his own factory. Although it merged with Austin Motor Company to form the British Motor Corporation... although nearly twenty-five years had elapsed since the BMC merger, not even Austin and Morris, the two volume car manufacturers that formed the core of the original merger, had integrated to a significant degree. Stokes illustrated the immensity of the problem presented by the merger in 1968 by referring to the former Austin and Morris companies having been 'scarcely on speaking terms'. Sixteen years after the formation of BMC, like the other former Nuffield ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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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 of Nations, Commonwealth (such as Australian contract law, Australia, Canadian contract law, Canada, Indian contract law, 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 Voluntariness, voluntary Law of obligations, obligation, contrasting to the duty to not violate others rights in English tort law, tort or English unjust enrichment law, 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 UK human rights law, human rights. Generally a contract forms w ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Good Faith
In human interactions, good faith () is a sincere intention to be fair, open, and honest, regardless of the outcome of the interaction. Some Latin phrases have lost their literal meaning over centuries, but that is not the case with , which is still widely used and interchangeable with its generally accepted modern-day English translation of ''good faith''. It is an important concept within law and business. The opposed concepts are bad faith, (duplicity) and perfidy (pretense). is a Latin phrase meaning "good faith". Its ablative case is , meaning "in good faith", which is often used in English as an adjective to mean "genuine". While may be translated as "faith", it embraces a range of meanings within a core concept of "reliability", in the sense of a trust between two parties for the potentiality of a relationship. For the ancient Romans, ''bona fides'' was to be assumed by both sides, with implied responsibilities and both legal and religious consequences if bro ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Denning LJ
Alfred Thompson Denning, Baron Denning, (23 January 1899 – 5 March 1999), was an English barrister 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 Judicial functions of the House of Lords, House of Lords returned to the Court of Appeal (England and Wales), 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 mode ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Chandelor V Lopus
''Chandelor v Lopus'' (1603) 79 ER 3 is a famous case in the common law of England. It stands for the distinction between warranties and mere affirmations and announced the rule of ''caveat emptor'' (buyer beware). Facts In 1603, a man paid £100 for what he thought was a bezoar stone. This is a stone that forms in animals' intestinal systems, and was believed to have magical healing properties. The seller (Chandelor) said it was a bezoar stone, which turned out to be false. The buyer (Lopus) sued for the return of the £100 purchase price. How the claimant discovered that the bezoar did not work is not discussed in the report. The issue for the court was whether the sales pitch had been the usual big talk of the market merchants in the plying of their wares, or if there had been indeed an actual deceit in the transaction. Judgment The Exchequer Court held the buyer had no right to his money back, saying "the bare affirmation that it was a bezoar stone, without warranting it ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Cross V Gardner
A cross is a religious symbol A religious symbol is an iconic representation intended to represent a specific religion, or a specific concept within a given religion. Religious symbols have been used in the military in many countries, such as the United States military chap ... consisting of two intersecting lines, usually perpendicular to each other. The lines usually run vertically and horizontally. A cross of oblique lines, in the shape of the Latin letter X, is termed a saltire in heraldic terminology. The cross shape has been widely officially recognized as an absolute and exclusive religious symbol of Christianity from an early period in that religion's history.''Christianity: an introduction'' by Alister E. McGrath 2006 pages 321-323 Before then, it was used as a religious or cultural ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Holt CJ
Sir John Holt (23 December 1642 – 5 March 1710) was an English lawyer who served as Lord Chief Justice of England from 17 April 1689 to his death. He is frequently credited with playing a major role in ending the prosecution of witches in English law. Biography Holt was born in Abingdon in Berkshire (now Oxfordshire), the son of Sir Thomas Holt, MP for that town, and his wife, Susan, the daughter of John Peacock of Chieveley, also in Berkshire. He was educated at John Roysse's Free School in Abingdon (now Abingdon School) from 1652 to 1658, Gray's Inn and Oriel College, Oxford. He purchased Redgrave Manor in Suffolk, which had been the seat of the Bacon family in 1702, when debts forced the fifth baronet, Sir Robert Bacon, to sell the estate. A letter in the Bodleian Library reads: "The celebrated Dr Radcliffe, the physician ... took special pains to preserve the life of LCJ Holt's wife, whom he attended out of spite to her husband, who wished her dead." Sir John Holt' ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Heilbut, Symons & Co V Buckleton
''Heilbut, Symons & Co v Buckleton'' 912UKHL 2is an English contract law case, given by the House of Lords on misrepresentation and contractual terms. It held that a non-fraudulent misrepresentation gave no right to damages. This was decided decades before ''Hedley Byrne v Heller'', where damages for negligent misrepresentation were introduced in English law, and, thus, it would today be regarded as wrongly decided under the tort of negligent misrepresentation. Facts During an economic boom in the rubber trade 1910 (at the end of the Amazon rubber boom), Heilbut, Symons & Co were merchants who were underwriting shares of what they claimed was a rubber business, called the Filisola Rubber and Produce Estates, Limited in Mexico. Buckleton called up a manager at Heilbut to inquire about the shares. In response to the questions, the manager confirmed that they were "bringing out a rubber company". Based on this statement, Buckleton purchased a large number of shares. The company turn ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Routledge V McKay
''Routledge v McKay'' is a 1954 English contract law case, concerning the difference between a term and a representation. Facts The claimant bought a 1936 Douglas motorcycle outfit in a part-exchange deal which required him to pay a balance of £30. The registration documents falsely stated that it was a 1942 model, as a previous owner had earlier modified the bike and had wrongly registered it as a 1960. The current seller had, during negotiations, mentioned the 1942 date, but the actual deal only took place several days later. Judgment Even though the logbook clearly stated the bike's year as 1960, that statement was a mere representation and not a contractual term; nor was there any misrepresentation in this transaction. Furthermore, neither the owner who had made the false registration nor any of the intervening owners were liable to the current owner. The delay between the negotiations and the contract was a contributing factor to the decision. Analysis A term is an i ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Dick Bentley Productions Ltd V Harold Smith (Motors) Ltd
''Dick Bentley Productions Ltd v Harold Smith (Motors) Ltd'' 965EWCA Civ 2is an English contract law case, concerning the difference between a representation and a contract term. It shows that a ''bona fide'' consumer is entitled to rely on the word of a dealer (who is naturally presumed to be an expert). Facts Dick Bentley Productions Ltd wanted a ‘well vetted’ Bentley. Harold Smith (Motors) Ltd, car dealers, found one that they said had done only 20,000 miles since a replacement engine. It later emerged that the Bentley had covered 100,000 since the engine and gearbox had been replaced. Dick Bentley sued Harold Smith for breach of warranty, and was successful before the trial judge. Judgment The Court of Appeal held that the statement of how many miles were done was a term of the contract because the Harold Smith (Motors) Ltd were car dealers and in a better position to know than the claimant about the truth of the statement. This affects the parties' intention to incorpor ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Interpreting Contracts In English Law
Interpreting is translation from a spoken or signed language into another language, usually in real time to facilitate live communication. It is distinguished from the translation of a written text, which can be more deliberative and make use of external resources and tools. The most common two modes of interpreting are simultaneous interpreting, which is done at the time of the exposure to the source language, and consecutive interpreting, which is done at breaks to this exposure. Interpreting is an ancient human activity which predates the invention of writing. History Historiography Research into the various aspects of the history of interpreting is quite new. For as long as most scholarly interest was given to professional conference interpreting, very little academic work was done on the practice of interpreting in history, and until the 1990s, only a few dozen publications were done on it. Considering the amount of interpreting activities that is assumed to have oc ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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English Contract Case Law
English usually refers to: * English language * English people English may also refer to: Culture, language and peoples * ''English'', an adjective for something of, from, or related to England * ''English'', an Amish term for non-Amish, regardless of ethnicity * English studies, the study of English language and literature Media * ''English'' (2013 film), a Malayalam-language film * ''English'' (novel), a Chinese book by Wang Gang ** ''English'' (2018 film), a Chinese adaptation * ''The English'' (TV series), a 2022 Western-genre miniseries * ''English'' (play), a 2022 play by Sanaz Toossi People and fictional characters * English (surname), a list of people and fictional characters * English Fisher (1928–2011), American boxing coach * English Gardner (born 1992), American track and field sprinter * English McConnell (1882–1928), Irish footballer * Aiden English, a ring name of Matthew Rehwoldt (born 1987), American former professional wrestle ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |