|
Cooper V Phibbs
''Cooper v Phibbs'' 867UKHL 1is an English contract law case, concerning the doctrine of mistake. Facts Cooper's uncle, not intending to misrepresent anything, but being in fact in error, told Cooper that he (the uncle) was entitled to a fishery. Cooper, after his uncle's death, acting in the belief of the truth of what his uncle had told him, entered into an agreement to rent the fishery from the uncle's daughters. However, the fishery actually belonged to Cooper himself. After the uncle died, the lease was renewed through Cooper's aunt, via her three daughters, Cooper's cousins, and Mr Phibbs acting as their agent. The aunt, three sisters, and Cooper, had all assumed that they were entitled to the land through a right of inheritance. In fact, Cooper was truly entitled to an equitable residual interest, because the uncle in his will had granted Cooper a life tenancy. When the sisters asked for the next rental payment, this had transpired and Cooper sought a declaration that he ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 extant institutions in the world, its origins lie in the early 11th century and the emergence of bicameralism in the 13th century. In contrast to the House of Commons, membership of the Lords is not generally acquired by Elections in the United Kingdom, election. Most members are Life peer, appointed for life, on either a political or non-political basis. House of Lords Act 1999, Hereditary membership was limited in 1999 to 92 List of excepted hereditary peers, excepted hereditary peers: 90 elected through By-elections to the House of Lords, internal by-elections, plus the Earl Marshal and Lord Great Chamberlain as members Ex officio member, ''ex officio''. No members directly inherit their seats any longer. The House of Lords also includes ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fact
A fact is a truth, true data, datum about one or more aspects of a circumstance. Standard reference works are often used to Fact-checking, check facts. Science, Scientific facts are verified by repeatable careful observation or measurement by experiments or other means. For example, "This sentence contains words." accurately describes a linguistic fact, and "The Sun is a star" accurately describes an astronomical fact. Further, "Abraham Lincoln was the 16th President of the United States" and "Abraham Lincoln was assassinated" both accurately describe history, historical facts. Generally speaking, facts are independent of belief and of knowledge and opinion. Facts are different from inferences, theories, values, and Object (philosophy), objects. Etymology and usage The word ''fact'' derives from the Latin ''factum''. It was first used in English with the same meaning: "a thing done or performed"a meaning now obsolete outside the law."Fact" (1a). Oxford English Dictionary_2d_ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1867 In British Law
There were only 354 days this year in the newly purchased territory of Alaska. When the territory transferred from the Russian Empire to the United States, the calendric transition from the Julian to the Gregorian Calendar was made with only 11 days instead of 12 during the 19th century. This change was made due to the territorial and geopolitical shift from the Asian to the American side of the International Date Line. Friday, 6 October 1867 ''(Julian Calendar)'' was followed by Friday again on 18 October 1867 (instead of Saturday, 19 October 1867 in the Gregorian Calendar). Events January * January 1 – The Covington–Cincinnati Suspension Bridge opens between Cincinnati, Ohio, and Covington, Kentucky, in the United States, becoming the longest single-span bridge in the world. It was renamed after its designer, John A. Roebling, in 1983. * January 8 – African-American men are granted the right to vote in the District of Columbia. * January 11 – Benito Juárez be ... [...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: Culture, language and peoples * ''English'', an adjective for something of, from, or related to England * ''English'', an Amish term for non-Amish, regardless of ethnicity * English studies, the study of English language and literature Media * ''English'' (2013 film), a Malayalam-language film * ''English'' (novel), a Chinese book by Wang Gang ** ''English'' (2018 film), a Chinese adaptation * ''The English'' (TV series), a 2022 Western-genre miniseries * ''English'' (play), a 2022 play by Sanaz Toossi People and fictional characters * English (surname), a list of people and fictional characters * English Fisher (1928–2011), American boxing coach * English Gardner (born 1992), American track and field sprinter * English McConnell (1882–1928), Irish footballer * Aiden English, a ring name of Matthew Rehwoldt (born 1987), American former professional wrestle ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Great Peace
''Great Peace Shipping Ltd v Tsavliris (International) Ltd'' [2002EWCA Civ 1407(also known as ''The Great Peace'') is a case in English contract law which investigates when a mistake (contract law)#Common mistake, common mistake within a contractual agreement will render it void. It is notable for its Mechanisms of the English common law, "disapproval" of ''Solle v Butcher'', a 1950 Court of Appeal case in which Lord Denning had established a doctrine of "equitable mistake". ''Great Peace'' ruled that the thinking underlying ''Solle v. Butcher'' "could not stand in the face of the earlier decision of the House of Lords in '' Bell v. Lever Bros.''"Martin-Clark, D.'Great Peace' accessed 21 March 2023 Facts The defendants, Tsavliris, were professional salvors in the business of maritime salvage and rendering aid to ships in difficulty in the South Indian Ocean. Learning that a vessel named ''Cape Providence'' was in trouble, Tsavliris entered into a salvage agreement with the owner ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Solle V Butcher
''Solle v Butcher'' 9501 KB 671 is an English contract law case, concerning the right to have a contract declared voidable in equity. Denning LJ reaffirmed a class of "equitable mistakes" in his judgment, which enabled a claimant to avoid a contract. Denning LJ said, This would have essentially recognised a wider application of a duty of disclosure in most cases, triggered by actual knowledge of one party that another party was mistaken about terms. The case was doubted by a subsequent Court of Appeal case, '' The Great Peace''. Facts Mr Charles Butcher, the landlord, had leased a flat in Maywood House, Beckenham, to Mr Godfrey Solle, the tenant, at £250 a year, both parties believing that the Rent Acts did not apply to the property. Mr Solle later claimed that he should be repaid money over the regulated rent for the flat. Mr Butcher counterclaimed that their contract should be void because both were mistaken about rent regulation applying. The Increase of Rent and Mortgag ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Denning LJ
Alfred Thompson Denning, Baron Denning, (23 January 1899 – 5 March 1999), was an English barrister and judge. He was called to the Bar of England and Wales in 1923 and became a King's Counsel in 1938. Denning became a judge in 1944 when he was appointed to the Probate, Divorce and Admiralty Division of the High Court of Justice, and transferred to the King's Bench Division in 1945. He was made a Lord Justice of Appeal in 1948 after less than five years in the High Court. He became a Lord of Appeal in Ordinary in 1957 and after five years in the Judicial functions of the House of Lords, House of Lords returned to the Court of Appeal (England and Wales), Court of Appeal as Master of the Rolls in 1962, a position he held for twenty years. In retirement he wrote several books and continued to offer opinions on the state of the common law through his writing and his position in the House of Lords. Margaret Thatcher said that Denning was "probably the greatest English judge of mode ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mistake In Equity
Mistake(s) may refer to: * An error Law * Mistake (contract law), an erroneous belief, at contracting, that certain facts are true ** Mistake in English contract law, a specific type of mistake, pertaining to England * Mistake (criminal law), or ''mistake of fact'', a defense to criminal charges on the grounds of ignorance of a fact * Mistake of law, a defense to criminal charges on the grounds of ignorance of law * Error (law) Places * Mistake Bay, a bay in Canada * Mistake Crag, a crag in Antarctica * Mistake Creek, Queensland, an Australian locality * Mistake Peak, a mountain in Antarctica * Mistake Peak (Arizona), a mountain in the U.S. state of Arizona * Mistake River, a river in New Zealand Music * ''Mistake'' (album), a 2002 album by D+ * "Mistake" (Mike Oldfield song), 1982 * "Mistake", by Shinhwa from '' Winter Story'', 2003 * "Mistake", by Big Wreck from the album ''The Pleasure and the Greed'', 2001 * "Mistake" (Stephanie McIntosh song), 2006 * "Mistake" (Mob ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lien
A lien ( or ) is a form of security interest granted over an item of property to secure the payment of a debt or performance of some other obligation. The owner of the property, who grants the lien, is referred to as the ''lienee'' and the person who has the benefit of the lien is referred to as the ''lienor'' or ''lien holder''. The etymological root is Anglo-French ''lien'' or ''loyen'', meaning "bond", "restraint", from the Latin ''ligamen'', from ''ligare'' "to bind". In the United States, the term lien generally refers to a wide range of encumbrances and would include other forms of Mortgage law, mortgage or charge. In the US, a lien characteristically refers to ''Nonpossessory interest in land, nonpossessory'' security interests (see generally: ). In other common-law countries, the term lien refers to a very specific type of security interest, being a passive right to retain (but not sell) property until the debt or other obligation is discharged. In contrast to the usag ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Raffles V Wichelhaus
''Raffles v Wichelhaus'' [1864EWHC Exch J19 often called "The ''Peerless''" case, is a leading case on mutual mistake in English contract law. The case established that where there is latent ambiguity as to an essential element of the contract, the Court will attempt to find a reasonable interpretation from the context of the agreement before it will void it. The case's fame is bolstered by the ironic coincidence contained within: each party had in mind a particular ship, with no knowledge of the other's existence, yet each ship was named ''Peerless''. Facts *Raffles is the cotton supplier. *Wichelhaus is the cotton purchaser. *There is a steep drop in prices between October and December. *Wichelhaus does not want the December cotton delivery because of the drop in cotton prices. The claimant (Raffles) entered into a contract to sell 125 bales of Surat cotton at fair market price to the defendant (Wichelhaus) at the rate of d. per pound. The contract specified that the cot ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mistake (contract Law)
In contract law, a mistake is an erroneous belief, ''at contracting'', that certain facts are true. It can be argued as a defense, and if raised successfully, can lead to the agreement in question being found void ''ab initio'' or voidable, or alternatively, an equitable remedy may be provided by the courts. Common law has identified three different types of mistake in contract: the 'unilateral mistake', the 'mutual mistake', and the 'common mistake'. The distinction between the 'common mistake' and the 'mutual mistake' is important. Another breakdown in contract law divides mistakes into four traditional categories: unilateral mistake, mutual mistake, mistranscription, and misunderstanding. The law of mistake in any given contract is governed by the law governing the contract. The law from country to country can differ significantly. For instance, contracts entered into under a relevant mistake have not been voidable in English law since '' Great Peace Shipping Ltd v Tsavlir ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Equity
A court of equity, also known as an equity court or chancery court, is a court authorized to apply principles of Equity (law), equity rather than principles of law to cases brought before it. These courts originated from petitions to the Lord Chancellor, Lord Chancellor of England and primarily heard claims for relief other than damages, such as specific performance and Prerogative writ, extraordinary writs. Over time, most equity courts merged with courts of law, and the adoption of various Acts granted courts combined jurisdiction to administer common law and equity concurrently. Courts of equity are now recognized for complementing the common law by addressing its shortcomings and promoting justice. In the early years of the United States, some states followed the English law, English tradition of maintaining separate courts for law and equity. Others combined both types of jurisdiction in their courts, as the United States Congress, US Congress did for Federal judiciary of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
