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Carlill V Carbolic Smoke Ball Co
''Carlill v Carbolic Smoke Ball Company'is an English contract law decision by the Court of Appeal, which held an advertisement containing certain terms to get a reward constituted a binding unilateral offer that could be accepted by anyone who performed its terms. It is notable for its treatment of contract and of puffery in advertising, for its curious subject matter associated with medical quackery, and how the influential judges (particularly Lindley and Bowen) developed the law in inventive ways. ''Carlill'' is frequently discussed as an introductory contract case, often one of the first cases a law student studies in the law of contract. The case concerned a purported flu remedy called the "carbolic smoke ball". The manufacturer advertised that buyers who found it did not work would be awarded £100, a considerable amount of money at the time. The company was found to have been bound by its advertisement, which was construed as an offer which the buyer, by using the sm ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of England And Wales
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lady Chief Justice and the Master of the Rolls respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court, High Court of Justice and Family Court. Permission to appeal is normally required from either the lower court or the Court of Appeal itself; and with permission, further appeal may lie to the Supreme Court. Its decisions are binding on all courts, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Vapour
In physics, a vapor (American English) or vapour (Commonwealth English; see spelling differences) is a substance in the gas phase at a temperature lower than its critical temperature,R. H. Petrucci, W. S. Harwood, and F. G. Herring, ''General Chemistry'', Prentice-Hall, 8th ed. 2002, p. 483–86. which means that the vapor can be condensed to a liquid by increasing the pressure on it without reducing the temperature of the vapor. A vapor is different from an aerosol. An aerosol is a suspension of tiny particles of liquid, solid, or both within a gas. For example, water has a critical temperature of , which is the highest temperature at which liquid water can exist at any pressure. In the atmosphere at ordinary temperatures gaseous water (known as water vapor) will condense into a liquid if its partial pressure is increased sufficiently. A vapor may co-exist with a liquid (or a solid). When this is true, the two phases will be in equilibrium, and the gas-partial pressure will ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Colin Blackburn, Baron Blackburn
Colin Blackburn, Baron Blackburn, (18 May 1813 – 8 January 1896) was a British lawyer and judge. The son of a Scottish clergyman, he was educated in Scotland and England, before joining the English bar. He was little known to the legal world before he was elevated from the junior bar to a puisne judgeship in the Court of King's Bench (England), Court of Queen's Bench by John Campbell, 1st Baron Campbell, Lord Campbell in 1859, a position he held until 1876, when he was appointed to the Court of Appeal (England and Wales), Court of Appeal. In October of that year, he was the first person to be appointed as a law lord under the provisions of the newly enacted Appellate Jurisdiction Act 1876, Appellate Jurisdiction Act. He retired in 1886 and died ten years later. Life Colin Blackburn was the second son of John Blackburn of Killearn, Stirlingshire, and Rebecca, daughter of the Rev. Colin Gillies. He was born on 18 May 1813. His elder brother, Peter Blackburn (MP), Peter Blackbur ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Williams V Carwardine
''Williams v Carwardine'' 833EWHC KB J44is an English contract law case which concerns how a contract comes about through the offer of a reward. It also raises interesting questions about the necessity of reliance on an offer in the formation of a contract. Facts Mrs Mary Anne Williams claimed a reward of £20 from Mr Carwardine for giving information that led to the arrest of her husband, Mr William Williams, for murdering Mr Carwardine's brother. Walter Carwardine was murdered near a pub in Hereford in March 1831, and his body was found in the River Wye in April. The plaintiff, Mrs Williams, gave evidence at the Hereford assizes against two suspects, but did not say all she knew between 13 and 19 April. The suspects were acquitted. On 25 April 1831 the victim's brother and defendant, Mr Carwardine, published a handbill, stating there would be a £20 for... "whoever would give such information as would lead to the discovery of the murder of Walter Carwardine." Shortly after, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Latin
Latin ( or ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area around Rome, Italy. Through the expansion of the Roman Republic, it became the dominant language in the Italian Peninsula and subsequently throughout the Roman Empire. It has greatly influenced many languages, Latin influence in English, including English, having contributed List of Latin words with English derivatives, many words to the English lexicon, particularly after the Christianity in Anglo-Saxon England, Christianization of the Anglo-Saxons and the Norman Conquest. Latin Root (linguistics), roots appear frequently in the technical vocabulary used by fields such as theology, List of Latin and Greek words commonly used in systematic names, the sciences, List of medical roots, suffixes and prefixes, medicine, and List of Latin legal terms ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Puffery
Puffery is undue or exaggerated praise. Puffery serves to "puff up" what is being described. In law, puffery is usually invoked as a defense argument: it identifies general praising speech, typically produced by a seller, which is not expected to be relied upon and does not give rise to legal liability. In a circular manner, legal explanations for this normative position describe the non-enforceable speech as a statement that no "reasonable person" would take seriously. Origin In a legal context, the term originated in the 1892 English Court of Appeal case '' Carlill v Carbolic Smoke Ball Company'', which centred on whether a monetary reimbursement should be paid when an influenza preventive device failed to work. The manufacturers had paid for advertising stating that £100 would be paid in such circumstances then failed to follow this promise. Part of their defence was that such a statement was "mere puff" and not meant to be taken seriously. While the defence ultimately los ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Henry Hawkins, 1st Baron Brampton
Henry Hawkins, 1st Baron Brampton, (14 September 1817 – 6 October 1907), known as Sir Henry Hawkins between 1876 and 1899, was an English judge. He served as a Judge of the High Court of Justice between 1876 and 1898. R. F. V. Heuston described him as "probably the worst judge on the English Bench in the nineteenth century." Background and education Born at Hitchin, Hertfordshire, Hawkins was the son of John Hawkins, a solicitor, and Susanna, daughter of Theed Pearse. Through his father he was early familiarised with legal principles. He was educated at Bedford School, and was called to the Bar, Middle Temple, in 1843. Legal career 1843–1876 Hawkins at once joined the old home circuit, and after enjoying a lucrative practice as a junior, was made Queen's Counsel in 1859. His name is identified with many of the famous trials of the reign of Queen Victoria. He was engaged in the Simon Bernard case, in that of '' Roupell v. Waite'', and in the Overend-Gurney prosecutions. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
King's Bench Division
The King's Bench Division (or Queen's Bench Division when the monarch is female) of the High Court of Justice deals with a wide range of common law cases and has supervisory responsibility over certain lower courts. It hears appeals on points of law from magistrates' courts and from the Crown Court. These are known as appeals by way of case stated, since the questions of law are considered solely on the basis of the facts found and stated by the authority under review. Specialised courts of the King's Bench Division include the Administrative Court, Technology and Construction Court, Commercial Court, and the Admiralty Court. The specialised judges and procedures of these courts are tailored to their type of business, but they are not essentially different from any other court of the King's Bench Division. Appeals from the High Court in civil matters are made to the Court of Appeal (Civil Division); in criminal matters appeal from the Divisional Court is made only to the S ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Breach Of Contract
Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance. Breach occurs when a party to a contract fails to fulfill its obligation(s), whether partially or wholly, as described in the contract, or communicates an intent to fail the obligation or otherwise appears not to be able to perform its obligation under the contract. Where there is breach of contract, the resulting damages have to be paid to the aggrieved party by the party breaching the contract. If a contract is rescinded, parties are legally allowed to undo the work unless doing so would directly charge the other party at that exact time. What constitutes a breach of contract There exists two elementary forms of breach of contract. The first is actual failure to perform the contract as and when specified constitutes ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Solicitor
A solicitor is a lawyer who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to practise there as such. For example, in England and Wales a solicitor is admitted to practise under the provisions of the Solicitors Act 1974. With some exceptions, practising solicitors must possess a practising certificate. There are many more solicitors than barristers in England; they undertake the general aspects of giving legal advice and conducting legal proceedings. In the jurisdictions of England and Wales and in Northern Ireland, in the Australian states of New South Wales, Victoria, and Queensland, Hong Kong, South Africa (where they are called '' attorneys'') and the Republic of Ireland, the legal profession is split between solicitors and barristers (called ''advocates'' in some countries, for example Scotland), and a lawye ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
