|
Blue Pencil Doctrine
The blue pencil doctrine is a legal concept in common law countries in which a court finds that portions of a contract are void or unenforceable, but other portions of the contract are enforceable. The blue pencil rule allows the legally valid enforceable provisions of the contract to stand despite the nullification of the legally void unenforceable provisions. However, the revised version must represent the original meaning. The rule may not be invoked, for example, to delete the word "not" and thereby change a negative to a positive. Etymology The term refers to the traditional practice of using a blue pencil to edit written copy. In United Kingdom The principle was established by the House of Lords in the case of '' Nordenfelt v Maxim, Nordenfelt Guns and Ammunition Co'' (1894), in which the court struck unenforceable non-compete clauses. Other statutory provisions such as the Sale of Goods Act 1979 and the Unfair Terms in Consumer Contracts Regulations 1999 have established ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Stationery Office
The Stationery Office (TSO) is a British publishing company created in 1996 when the publishing arm of Her Majesty's Stationery Office was privatised. It is the official publisher and the distributor for legislation, command and house papers, select committee reports, ''Hansard'', and the London, Edinburgh and Belfast Gazettes, the UK government's three official journals of record. With more than 9,000 titles in print and digital formats published every year, it is one of the UK's largest publishers by volume. TSO provides services, consultancy, and infrastructure to deliver all aspects of the information lifecycle. TSO developed the website legislation.gov.uk with The National Archives, providing full access to the statute book as open data. The TSO OpenUp platform is a collection of integrated services available as software as a service (SaaS), with the aim of providing a scalable and resilient platform that allows organisations to store, query, and enrich their data. His ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Severability
In law, severability (sometimes known as salvatorius, from Latin) refers to a provision in a contract or piece of legislation which states that if some of the terms are held to be illegal or otherwise unenforceable, the remainder should still apply. Sometimes, severability clauses will state that some provisions to the contract are so essential to the contract's purpose that if they are illegal or unenforceable, the contract as a whole will be voided. However, in many legal jurisdictions, a severability clause will not be applied if it changes the fundamental nature of the contract, and that instead the contract will be void; thus, often this is not explicitly stated in the severability clause. Severable contract In contract law, a severable contract (or "divisible contract") is a contract that is composed of several separate contracts concluded between the same parties, such that failing ( breaching) one part of such a 'severable' contract does not breach the whole contract. Theref ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rectification (law)
Rectification is a remedy whereby a court orders a change in a written document to reflect what it ought to have said in the first place. It is an equitable remedy,Walker MorrisDo you know who you’re dealing with? published November 29, 2013, accessed June 13, 2021 and so the circumstances on which it can be applied are limited. In the United States, the remedy is commonly referred to as reformation. England In English law, the rule was summarised in ''Fowler v Fowler'' (1859) 4 DeG & J 250 at 264: :"Only after the court has been satisfied by evidence which leaves no 'fair and reasonable doubt' that the deed impeached does not embody the final intention of the parties. This evidence must make it clear that the alleged intention to which the plaintiff asks that the deed be made to conform, continued concurrently in the minds of all the parties down to the time of its execution; and the plaintiff must succeed in showing also the precise form in which the instrument will express th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Israel
Israel, officially the State of Israel, is a country in West Asia. It Borders of Israel, shares borders with Lebanon to the north, Syria to the north-east, Jordan to the east, Egypt to the south-west, and the Mediterranean Sea to the west. Israeli-occupied territories, It occupies the Occupied Palestinian territories, Palestinian territories of the West Bank in the east and the Gaza Strip in the south-west. Israel also has a small coastline on the Red Sea at its southernmost point, and part of the Dead Sea lies along its eastern border. Status of Jerusalem, Its proclaimed capital is Jerusalem, while Tel Aviv is the country's Gush Dan, largest urban area and Economy of Israel, economic center. Israel is located in a region known as the Land of Israel, synonymous with the Palestine (region), Palestine region, the Holy Land, and Canaan. In antiquity, it was home to the Canaanite civilisation followed by the History of ancient Israel and Judah, kingdoms of Israel and Judah. Situate ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nebraska Law Review
Nebraska ( ) is a landlocked state in the Midwestern region of the United States. It borders South Dakota to the north; Iowa to the east and Missouri to the southeast, both across the Missouri River; Kansas to the south; Colorado to the southwest; and Wyoming to the west. Nebraska is the 16th-largest state by land area, with just over . With a population of over 2 million as of 2024, it is the 38th-most populous state and the eighth-least densely populated. Its capital is Lincoln, and its most populous city is Omaha, which is on the Missouri River. Nebraska was admitted into the United States in 1867, two years after the end of the American Civil War. The Nebraska Legislature is unlike any other American legislature in that it is unicameral, and its members are elected without any official reference to political party affiliation. Nebraska is one of only two states that divide electoral college votes by district, and is not winner-take-all. Nebraska is composed of two ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Non-compete Clause
In contract law, a non-compete clause (often NCC), restrictive covenant, or covenant not to compete (CNC), is a clause under which one party (usually an employee) agrees not to enter into or start a similar profession or trade in competition against another party (usually the employer). In the labor market, these agreements prevent workers from freely moving across employers, and weaken the bargaining leverage of workers. Non-compete agreements are rooted in the medieval system of apprenticeship whereby an older master craftsman took on a younger apprentice, trained the apprentice, and in some cases entered into an agreement whereby the apprentice could not compete with the master after the apprenticeship. Modern uses of non-compete agreements are generally premised on preventing high-skilled workers from transferring trade secrets or a customer list from one firm to a competing firm, thus giving the competing firm a competitive advantage. However, many non-compete clauses apply t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Covenant (law)
A covenant, in its most general and historical sense, is a solemn promise to engage in or refrain from a specified action. Under historical English common law, a covenant was distinguished from an ordinary contract by the presence of a seal. Because the presence of a seal indicated an unusual solemnity in the promises made in a covenant, the common law would enforce a covenant even in the absence of consideration. In United States contract law, an implied ''covenant'' of good faith is presumed. A covenant is an agreement like a contract. A covenantor makes a promise to a covenantee to perform an action ''(affirmative covenant'' in the United States or ''positive covenant'' in England and Wales) or to refrain from an action (negative covenant). In real property law, the term real covenants means that conditions are tied to the ownership or use of land. A "covenant running with the land", meeting tests of wording and circumstances laid down in precedent, imposes duties or restri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rose & Frank Co V JR Crompton & Bros Ltd
''Rose & Frank Co v JR Crompton & Bros Ltd'' 924is a leading decision on English contract law, regarding the intention to create legal relations in commercial arrangements. In the Court of Appeal, Atkin LJ delivered an important dissenting judgment which was upheld by the House of Lords The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext .... The case also is an example of the application of the Blue Pencil Rule. Facts Rose and Frank Co was the sole US distributor of JR Crompton's carbon paper products. In 1913, the parties signed a new document which included this clause: The relationship between the two parties broke down as JR Crompton refused to supply some of the orders of the plaintiff. Rose & Frank Co sued on enforcement of the agreement. Judgment At first instance, th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unfair Terms In Consumer Contracts Regulations 1999
Unfair may refer to: * The negative form of the adjective ''fair A fair (archaic: faire or fayre) is a gathering of people for a variety of entertainment or commercial activities. Fairs are typically temporary with scheduled times lasting from an afternoon to several weeks. Fairs showcase a wide range of go ...''; unfairness or injustice * ''Unfair'' (drama), Japanese television series * '' Unfair: The Movie'' * "Unfair" (song) by Exo * "Unfair, a song by Stray Kids from their mixtape '' Hop'' {{Disambig ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court
A court is an institution, often a government entity, with the authority to adjudicate legal disputes between Party (law), parties and Administration of justice, administer justice in Civil law (common law), civil, Criminal law, criminal, and Administrative law, administrative matters in accordance with the rule of law. Courts generally consist of Judge, judges or other judicial officers, and are usually established and dissolved through legislation enacted by a legislature. Courts may also be established by constitution or an equivalent constituting instrument. The practical authority given to the court is known as its jurisdiction, which describes the court's power to decide certain kinds of questions, or Petition, petitions put to it. There are various kinds of courts, including trial courts, appellate courts, administrative courts, international courts, and tribunals. Description A court is any person or institution, often as a government institution, with the authori ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
