|
Clarke V Dickson
''Clarke v Dickson'' (1858) EB & E 148 is an English contract law case concerning misrepresentation. It stands as an example of the restrictive approach common law courts took to rescission for misrepresentation before the leading case of ''Erlanger v New Sombrero Phosphate Co''(1878) 3 App Cas 1218 held only substantial counter restitution was needed. Facts Mr Clarke said he was induced by the three defendants’ statements to take shares in The Welsh Potosi Lead and Copper Mining Company, formed for working on a mine on the cost-book principle. Dividends were declared in 1854-6. Then Mr Clarke accepted fresh allotments in lieu of dividends. In 1857 the company's performance was poor and it was liquidated under the Winding-up Act 1855. Then Mr Clarke discovered that the representations about its cost-book practices were false and fraudulent. He sued to recover deposits for the shares. Judgment Crompton J held that the contract could not be rescinded, since the shares were now w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Misrepresentation
In common law jurisdictions, a misrepresentation is a false False or falsehood may refer to: * False (logic), the negation of truth in classical logic *Lie or falsehood, a type of deception in the form of an untruthful statement * false (Unix), a Unix command * ''False'' (album), a 1992 album by Gorefest * ... or misleading '' R v Kylsant'' 931/ref> statement of fact made during negotiations by one party to another, the statement then inducing that other party to enter into a contract. The misled party may normally rescind the contract, and sometimes may be awarded damages as well (or instead of rescission). The law of misrepresentation is an amalgam of contract and tort; and its sources are common law, equity and statute. In England and Wales, the common law was amended by the Misrepresentation Act 1967. The general principle of misrepresentation has been adopted by the United States and other former British colonies, e.g. India. Representation and contract terms A "represen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rescission (contract Law)
In contract law, rescission is an equitable remedy which allows a contractual party to cancel the contract. Parties may rescind if they are the victims of a vitiating factor, such as misrepresentation, mistake, duress, or undue influence. Rescission is the unwinding of a transaction. This is done to bring the parties, as far as possible, back to the position in which they were before they entered into a contract (the '' status quo ante''). Taxonomy Rescission is used throughout the law in a number of different senses. The failure to draw these crucial distinctions is productive of serious confusion. Although Judicature legislation has been enacted throughout the common law world, and jurisdictions vary in their recognition of a distinct body of law known as equity, reference to the jurisdictional origins is still important for the purposes of exposition. * ''"Rescission" in the sense of termination''. Rescission in this sense is not the focus of this article. Where a contr ... [...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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Misrepresentation In English Law
In common law jurisdictions, a misrepresentation is a false or misleading '' R v Kylsant'' 931/ref> statement of fact made during negotiations by one party to another, the statement then inducing that other party to enter into a contract. The misled party may normally rescind the contract, and sometimes may be awarded damages as well (or instead of rescission). The law of misrepresentation is an amalgam of contract and tort; and its sources are common law, equity and statute. In England and Wales, the common law was amended by the Misrepresentation Act 1967. The general principle of misrepresentation has been adopted by the United States and other former British colonies, e.g. India. Representation and contract terms A "representation" is a pre-contractual statement made during negotiations. If a representation has been incorporated into the contract as a term, then the normal remedies for breach of contract apply. Factors that determine whether or not a representation has be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Erlanger V New Sombrero Phosphate Co
''Erlanger v New Sombrero Phosphate Co'' (1878) 3 App Cas 1218 is a landmark English contract law, restitution and UK company law case. It concerned rescission for misrepresentation and how the impossibility of counter restitution may be a bar to rescission. It is also an important illustration of how promoters of a company stand in a fiduciary relationship to subscribers. Facts Frédéric Émile d'Erlanger was a Parisian banker. He bought the lease of the Anguilla island of Sombrero for phosphate mining for £55,000. He then set up the New Sombrero Phosphate Co. Eight days after incorporation, he sold the island to the company for £110,000 through a nominee. One of the directors was the Lord Mayor of London, who himself was independent of the syndicate that formed the company. Two other directors were abroad, and the others were mere puppet directors of Erlanger. The board, which was effectively Erlanger, ratified the sale of the lease. Erlanger, through promotion and a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Winding-up Act 1855
Liquidation is the process in accounting by which a company is brought to an end in Canada, United Kingdom, United States, Ireland, Australia, New Zealand, Italy, and many other countries. The assets and property of the company are redistributed. Liquidation is also sometimes referred to as winding-up or dissolution, although dissolution technically refers to the last stage of liquidation. The process of liquidation also arises when customs, an authority or agency in a country responsible for collecting and safeguarding customs duties, determines the final computation or ascertainment of the duties or drawback accruing on an entry. Liquidation may either be compulsory (sometimes referred to as a ''creditors' liquidation'' or ''receivership'' following bankruptcy, which may result in the court creating a "liquidation trust") or voluntary (sometimes referred to as a ''shareholders' liquidation'', although some voluntary liquidations are controlled by the creditors). The t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Charles John Crompton
Sir Charles John Crompton (12 June 1797 – 30 October 1865) was an English justice of the Queen's Bench. Life Crompton was born in Derby; he was the third son of Dr. Peter Crompton, and his second cousin Mary, daughter of John Crompton of Chorley Hall, Lancashire. Peter was a member of the Derby Philosophical Society and his father was a banker there. Crompton, having graduated with distinction at Trinity College, Dublin, was entered at the Inner Temple in 1817, after a short time spent in a Liverpool solicitor's office and, being called to the bar in 1821, went the northern circuit. Without having taken silk, he was raised to the bench in February 1852 by Lord Truro, and knighted. He proved an excellent judge, especially in banco, and was the author of many decisions still quoted. A strong Liberal in politics, like his father, he stood for parliament at Preston in 1832, and Newport (Isle of Wight) in 1847, but in both cases unsuccessfully. Family He married Caroline, fourt ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William Erle
William is a masculine given name of Norman French origin.Hanks, Hardcastle and Hodges, ''Oxford Dictionary of First Names'', Oxford University Press, 2nd edition, , p. 276. It became very popular in the English language after the Norman conquest of England in 1066,All Things William"Meaning & Origin of the Name"/ref> and remained so throughout the Middle Ages and into the modern era. It is sometimes abbreviated "Wm." Shortened familiar versions in English include Will, Wills, Willy, Willie, Liam, Bill, and Billy. A common Irish form is Liam. Scottish diminutives include Wull, Willie or Wullie (as in Oor Wullie or the play ''Douglas''). Female forms are Willa, Willemina, Wilma and Wilhelmina. Etymology William is related to the German given name ''Wilhelm''. Both ultimately descend from Proto-Germanic ''*Wiljahelmaz'', with a direct cognate also in the Old Norse name ''Vilhjalmr'' and a West Germanic borrowing into Medieval Latin ''Willelmus''. The Proto-Germanic n ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Campbell, 1st Baron Campbell
John Campbell, 1st Baron Campbell, PC, QC, FRSE (15 September 1779 – 23 June 1861) was a British Liberal politician, lawyer and man of letters. Background and education The second son of the Reverend George Campbell, D.D., and Magdalene Hallyburton, he was born a son of the manse at Cupar, Fife, Scotland, where his father was for fifty years parish minister. For seven years, from the age of 11, Campbell studied at the United College, St Andrews. When he was 18, he was offered the opportunity to leave home and see something of the world by becoming tutor to James Wedderburn-Webster. The family lived in Clapham, just south of London, with a summer house at Shenley, Hertfordshire. His employer was David Webster, London merchant of a sugar trading house, with family connections through the Wedderburn baronets to the slave plantations of Jamaica. Living in this wealthy household, the young Campbell saw a different world, and it didn't impress him: the commercial conversat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
UK Company Law
The United Kingdom company law regulates corporations formed under the Companies Act 2006. Also governed by the Insolvency Act 1986, the UK Corporate Governance Code, European Union Directives and court cases, the company is the primary legal vehicle to organise and run business. Tracing their modern history to the late Industrial Revolution, public companies now employ more people and generate more of wealth in the United Kingdom economy than any other form of organisation. The United Kingdom was the first country to draft modern corporation statutes, where through a simple registration procedure any investors could incorporate, limit liability to their commercial creditors in the event of business insolvency, and where management was delegated to a centralised board of directors. An influential model within Europe, the Commonwealth and as an international standard setter, UK law has always given people broad freedom to design the internal company rules, so long as the manda ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Misrepresentation 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] |
1858 In Case Law
Events January–March * January – **Benito Juárez (1806–1872) becomes Liberal President of Mexico. At the same time, conservatives install Félix María Zuloaga (1813–1898) as president. ** William I of Prussia becomes regent for his brother, Frederick William IV, who had suffered a stroke. * January 9 ** British forces finally defeat Rajab Ali Khan of Chittagong ** Anson Jones, the last president of the Republic of Texas, commits suicide. * January 14 – Orsini affair: Felice Orsini and his accomplices fail to assassinate Napoleon III in Paris, but their bombs kill eight and wound 142 people. Because of the involvement of French émigrés living in Britain, there is a brief anti-British feeling in France, but the emperor refuses to support it. * January 25 – The '' Wedding March'' by Felix Mendelssohn becomes a popular wedding recessional, after it is played on this day at the marriage of Queen Victoria's daughter Victoria, Princess Royal, to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
