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Paradine V Jane
''Paradine v Jane'' 647EWHC KB J5is an English contract law case which established absolute Legal liability">liability for contractual debts. Facts This action grew out of the English Civil War. Prince Rupert of the Rhine, Prince Rupert was commander of the armies of his uncle, Charles I of England, King Charles I. Forces on both sides often looted the estates of the Nobility, nobles for the purpose of gaining supplies. On July 19, 1643, the British Royalist forces, known as the Cavaliers, took possession of land owned by the plaintiff, Paradine, which was under lease to the defendant, Jane. The Royalists held the land for three years, finally relinquishing it in 1646 after the remaining Royalist resistance collapsed. Paradine brought suit against Jane to recover for breach of the lease: In debt the plaintiff declares upon a lease for years rendering rent at the four usual feasts; and for rent behind for three years, ending at the Feast of the A ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of King's Bench (England)
The Court of King's Bench, formally known as The Court of the King Before the King Himself, was a court of common law in the English legal system. Created in the late 12th to early 13th century from the ''curia regis'', the King's Bench initially followed the monarch on his travels. The King's Bench finally joined the Court of Common Pleas (England), Court of Common Pleas and Exchequer of Pleas in Westminster Hall in 1318, making its last travels in 1421. The King's Bench was merged into the High Court of Justice by the Supreme Court of Judicature Act 1873, after which point the King's Bench was a division within the High Court. The King's Bench was staffed by one Chief Justice (now the Lord Chief Justice of England and Wales) and usually three Puisne Justices. In the 15th and 16th centuries, the King's Bench's jurisdiction and caseload was significantly challenged by the rise of the Court of Chancery and equity (law), equitable doctrines as one of the two principal common law c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Leasing
A lease is a contractual arrangement calling for the user (referred to as the ''lessee'') to pay the owner (referred to as the ''lessor'') for the use of an asset. Property, buildings and vehicles are common assets that are leased. Industrial or business equipment are also leased. Basically a lease agreement is a contract between two parties: the lessor and the lessee. The lessor is the legal owner of the asset, while the lessee obtains the right to use the asset in return for regular rental payments. The lessee also agrees to abide by various conditions regarding their use of the property or equipment. For example, a person leasing a car may agree to the condition that the car will only be used for personal use. The term rental agreement can refer to two kinds of leases: * A lease in which the asset is tangible property. Here, the user '' rents'' the asset (e.g. land or goods) ''let out'' or ''rented out'' by the owner (the verb ''to lease'' is less precise because it can ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1647 In Law
Events January–March * January 2 – Chinese bandit leader Zhang Xianzhong, who has ruled the Sichuan province since 1644, is killed at Xichong County, Xichong by a Qing archer after having been betrayed one of his officers, Liu Jinzhong. * January 7 – The Westminster Assembly begins debating the biblical proof texts, to support the new Westminster Confession of Faith, Confession of Faith. * January 16 – Citizens of Dublin declare their support for Giovanni Battista Rinuccini, Rinuccini, and refuse to support the army of the Marquis of Ormond. * January 17 – Posten Norge was founded as Postvesenet. * January 20 – A small Qing force led by Li Chengdong captures Guangzhou and kills the Zhu Yuyue, the List of emperors of the Ming dynasty, Shaowu Emperor of the Southern Ming dynasty in China. * February 5 – The Yongli Chinese era name, era is proclaimed as Zhu Youlang is declared the Yongli Emperor of the Southern Ming. * February 24 ... [...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] |
Landlord
A landlord is the owner of a house, apartment, condominium, land, or real estate which is rented or leased to an individual or business, who is called a tenant (also a ''lessee'' or ''renter''). When a juristic person is in this position, the term landlord is used. Other terms include lessor and owner. The term landlady may be used for the female owners. The manager of a pub in the United Kingdom, strictly speaking a licensed victualler, is referred to as the landlord/landlady. In political economy it refers to the owner of natural resources alone (e.g., land, not buildings) from which an economic rent is the income received. History The concept of a landlord may be traced back to the feudal system of manoralism ( seignorialism), where a landed estate is owned by a Lord of the Manor ( mesne lords), usually members of the lower nobility which came to form the rank of knights in the high medieval period, holding their fief via subinfeudation, but in some cases the land m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Counterclaim
In a court of law, a party's claim is a counterclaim if one party asserts claims in response to the claims of another. In other words, if a plaintiff initiates a lawsuit and a defendant responds to the lawsuit with claims of their own against the plaintiff, the defendant’s claims are “counterclaims.” Examples of counterclaims include: * After a bank has sued a customer for an unpaid debt, the customer counterclaims (sues back) against the bank for fraud in procuring the debt. The court will sort out the different claims in one lawsuit (unless the claims are severed). * Two cars collide. After one person sues for damage to his/her car and personal injuries, the defendant counterclaims for similar property damage and personal injury claims. United States In U.S. federal courts, counterclaims can arise on various occasions, including e.g.: *an attempt by the defendant to offset or reduce the amount/implications of the plaintiff's claim; *a different claim by the defendant ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Holding (law)
The holding is a court's determination of a matter of law based on the issue presented in the particular case. In other words: under ''this'' law, with ''these'' facts, ''this'' result. It is the same as a 'decision' made by the judge; however "decision" can also refer to the judge's entire opinion, containing, for example, a discussion of facts, issues, and law as well as the holding. The ''holding'' is the "legal principle to be drawn from the opinion (decision) of the court." Appellate review "The word 'holding' is indefinite and may refer to a trial ruling of the court upon evidence or other questions presented during the trial. Of course, no oral statement made by the court at the close of a trial, nor any written memorandum opinion filed, may be assigned as error on appeal, as the final decision in a law action is the judgment signed, based upon the court's findings of fact and conclusions of law."''Edward L. Eyre & Co. v. Hirsch'', 36 Wn.2d 439, 446 (1950) See also *''Rati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
England
England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe by the North Sea to the east and the English Channel to the south. The country covers five-eighths of the island of Great Britain, which lies in the North Atlantic, and includes over 100 smaller islands, such as the Isles of Scilly and the Isle of Wight. The area now called England was first inhabited by modern humans during the Upper Paleolithic period, but takes its name from the Angles, a Germanic tribe deriving its name from the Anglia peninsula, who settled during the 5th and 6th centuries. England became a unified state in the 10th century and has had a significant cultural and legal impact on the wider world since the Age of Discovery, which began during the 15th century. The English language, the Anglican Church, and Engli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Grant Gilmore
Grant Gilmore (1910 – 1982) was an American law professor who taught at Yale Law School, the University of Chicago Law School, the College of Law (now Moritz College of Law) at the Ohio State University, and Vermont Law School. He was a scholar of commercial law and one of the principal drafters of the Uniform Commercial Code. Gilmore attended Boston Latin School and then went on to Yale University, where he earned a PhD in Romance languages. Prior to his career in law, he taught French at Yale University. He authored a number of books on various areas of commercial law, including secured transactions, admiralty law, and contract law, and also drafted Article Nine of the Uniform Commercial Code. Perhaps his most famous work is his survey and criticism of contract law, '' The Death of Contract''. Gilmore is also known for his quote:Law reflects, but in no sense determines the moral worth of a society…. The better the society, the less law there will be. In Heaven ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo-Americ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Death Of Contract
''The Death of Contract'' is a book by American law professor Grant Gilmore, written in 1974, about the history and development of the common law of contracts. Gilmore's central thesis was that the Law of Contracts, at least as it existed in the 20th-century United States was largely artificial: it was the work of a handful of scholars and judges building a system, rather than a more organic, historically rooted development based on the evolution of case law. This book is required supplemental reading in the first year program at many U.S. law schools. A second edition was published in 1995, which was edited with a new introduction by Ronald K.L. Collins. Chapter 1. Origin Gilmore begins the introduction forcefully, stating "We are told that Contract, like God, is dead. And so it is." Gilmore then brings us through the life of Contract, from birth to death. He notes that courts had been deciding contract law for centuries before the theory of contracts was introduced by ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
