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Shanklin Pier Ltd V Detel Products Ltd
''Shanklin Pier Ltd v Detel Products Ltd'' 9512 KB 854 is a leading judgment on the subject of collateral contracts in English contract law. In it the High Court of Justice King's Bench Division used the principle of collateral contracts, to create an exception to the rule of privity of contract where a contract may be given consideration by entering into another contract. Facts Shanklin Pier Ltd hired a contractor to paint Shanklin Pier. They spoke to Detel Products Ltd about whether a particular paint was suitable to be used, and Detel assured them that it was, and that it would last for at least seven years.Beale (2002) p.55 On the basis of this conversation Shanklin Pier Ltd instructed the contractors to use a particular paint, which they did. The paint started to peel after three months, and Shanklin Pier attempted to claim compensation from Detel Products. Judgment McNair J's judgment read: See also *Privity in English law Privity is a doctrine in English contrac ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Justice
The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC (England and Wales High Court) for legal citation purposes. The High Court deals at first instance with all high value and high importance civil law (non- criminal) cases; it also has a supervisory jurisdiction over all subordinate courts and tribunals, with a few statutory exceptions, though there are debates as to whether these exceptions are effective. The High Court consists of three divisions: the King's Bench Division, the Chancery Division and the Family Division. Their jurisdictions overlap in some cases, and cases started in one division may be transferred by court order to another where appropriate. The differences of procedure and practice between divisions are partly historical, derived from the separate courts which were merged in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Collateral Contract
A collateral contract is usually a single term contract, made in consideration of the party for whose benefit the contract operates agreeing to enter into the principal or main contract, which sets out additional terms relating to the same subject matter as the main contract. For example, a collateral contract is formed when one party pays the other party a certain sum for entry into another contract. A collateral contract may be between one of the parties and a third party. It can also be epitomized as follows: a collateral contract is one that induces a person to enter into a separate "primary" contract. For example, if X agrees to buy goods from Y that will, accordingly, be manufactured by Z, and does so on the strength of Z's assurance as to the high quality of the goods, X and Z may be held to have made a collateral contract consisting of Z's promise of quality given in consideration of X's promise to enter into the main contract with Y. Elements of a valid collateral con ... [...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] |
Privity Of Contract
The doctrine of privity of contract is a common law principle which provides that a contract cannot confer rights or impose obligations upon any person who is not a party to the contract. The premise is that only parties to contracts should be able to sue to enforce their rights or claim damages as such. However, the doctrine has proven problematic because of its implications for contracts made for the benefit of third parties who are unable to enforce the obligations of the contracting parties. In England and Wales, the doctrine has been substantially weakened by the Contracts (Rights of Third Parties) Act 1999, which created a statutory exception to privity (enforceable third party rights). Third party rights Privity of contract occurs only between the parties to the contract, most commonly contract of sale of goods or services. Horizontal privity arises when the benefits from a contract are to be given to a third party. Vertical privity involves a contract between two parties ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Consideration Under English Law
Consideration is an English common law concept within the law of contract, and is a necessity for simple contracts (but not for special contracts by deed). The concept of consideration has been adopted by other common law jurisdictions, including the US. Consideration can be anything of value (such as any goods, money, services, or promises of any of these), which each party gives as a quid pro quo to support their side of the bargain. Mutual promises constitute consideration for each other. If only one party offers consideration, the agreement is a "bare promise" and is unenforceable. Value According to ''Currie v Misa'', consideration for a particular promise exists where some ''right'', ''interest'', ''profit'' or ''benefit'' accrues (''or will accrue'') to the promisor as a direct result of some ''forbearance'', ''detriment'', ''loss'' or ''responsibility'' that has been given, suffered or undertaken by the promisee. Forbearance to act amounts to consideration only if one is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Shanklin Pier
Shanklin Pier was a pleasure pier in the town of Shanklin on the Isle of Wight, England. Opened in August 1890 at a length of , the pier saw several attractions added during its first few years, such as a bandstand and bathing stage. A pavilion was added in 1901. As part of the war effort in 1940, the pier was sectioned to prevent an enemy invasion and later restored using concrete piles. During the Great storm of 1987, the pier suffered significant damage and was ultimately demolished in 1993 at an estimated cost of £250,000 (). History Planning The earliest known proposal for a pier was in 1864 when a Board of Trade order for a pier was received by the Shanklin Bay Pier Company, although they swiftly folded without any business being undertaken. In 1877, the Shanklin Pier Company also made an attempt in planning to build a pier with also did not materialise. On 22 December 1885, the Shanklin Esplanade & Pier Company, with a £12,000 () share capital, were successful in ge ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sir John Holt
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's ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crosse V Gardner
Crosse is a surname, and may refer to: * Andrew Crosse (1784–1855), British amateur scientist * Charles Crosse, British rugby * Charles G. Crosse, American physician and politician * Edmond Francis Crosse (1858-1941), first Archdeacon of Chesterfield * John Crosse (announcer) (born 1939), English radio DJ, presenter and continuity announcer * John Crosse (antiquary) (1786–1833), British antiquary and music writer * John Green Crosse (1790-1850), English surgeon * Joseph Charles Hippolyte Crosse (1826-1898), a French conchologist * Lavinia Crosse, founder of the Community of All Hallows religious order * Roger Crosse, character in James Clavell's novel '' Noble House'' * Rupert Crosse (1927–1973), American television and film actor * Victoria Crosse, a pseudonym of novelist Annie Sophie Cory (1868–1952) See also * Crosse Baronets, title in the Baronetage of Great Britain * Lacrosse stick, sometimes known as a ''crosse'' * Cross (surname) * Cross (other) A cross ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Medina V Staughton
Medina,, ', "the radiant city"; or , ', (), "the city" officially Al Madinah Al Munawwarah (, , Turkish: Medine-i Münevvere) and also commonly simplified as Madīnah or Madinah (, ), is the Holiest sites in Islam, second-holiest city in Islam, and the capital of the Medina Province (Saudi Arabia), Medina Province of Saudi Arabia. , the estimated population of the city is 1,488,782, making it the List of cities and towns in Saudi Arabia, fourth-most populous city in the country. Located at the core of the Medina Province in the western reaches of the country, the city is distributed over , of which constitutes the city's urban area, while the rest is occupied by the Hijaz Mountains, Hejaz Mountains, empty valleys, Agriculture in Saudi Arabia, agricultural spaces and older dormant volcanoes. Medina is generally considered to be the "cradle of Islamic culture and civilization". The city is considered to be the second-holiest of three key cities in Islamic tradition, with Mecca and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Privity In English Law
Privity is a doctrine in English contract law that covers the relationship between parties to a contract and other parties or agents. At its most basic level, the rule is that a contract can neither give rights to, nor impose obligations on, anyone who is not a party to the original agreement, i.e. a "third party". Historically, third parties could enforce the terms of a contract, as evidenced in '' Provender v Wood'', but the law changed in a series of cases in the 19th and early 20th centuries, the most well known of which are ''Tweddle v Atkinson'' in 1861 and '' Dunlop Pneumatic Tyre v Selfridge and Co Ltd'' in 1915. The doctrine was widely seen as unfair, for various reasons – it made no exception for cases where the parties to a contract obviously intended for it to be enforced by a third party, and it was so inconsistently applied that it provided no solid rule and was therefore "bad" law. The doctrine attracted criticism from figures such as Lord Scarman, Lord Denning, ... [...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] |
English Privity 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] |
