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Customs And Excise Commissioners V Barclays Bank
''Her Majesty's Commissioners of Customs and Excise v Barclays Bank Plc'' 006UKHL 28is a leading English tort law case concerning negligent misstatement and pure economic loss. Facts HM Customs and Excise, Customs and Excise needed to freeze the bank account of a Barclays customer. By law, banks are required to comply with requests for freezing orders and are paid for the service. When it received the request, the bank replied that it would abide. But due to "operator error", the customer proceeded to empty all of the money from the account. Customs and Excise sued Barclays for the amount that was lost along with the interest. Barclays argued it had no duty of care, nor had it assumed responsibility. Judgment Court of Appeal Peter Gibson LJ, Longmore LJ, Lindsay LJ held that there was no duty and proposed that ''Hedley Byrne'' type assumption of responsibility should be subsumed into the threefold test from '' Caparo Industries plc v Dickman''. House of Lords The House of Lords ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Assumption Of Responsibility
Assumption, in Christianity, refers to the Assumption of Mary, a belief in the taking up of the Virgin Mary into heaven. Assumption may also refer to: Places * Assumption, Alberta, Canada * Assumption, Illinois, United States ** Assumption Township, Christian County, Illinois * Assumption Island, Seychelles ** Assumption Island Airport * Assumption, Minnesota, United States * Assumption, Nebraska, United States * Assumption, Ohio, United States * Assumption Parish, Louisiana, United States Arts, entertainment, and media * "Assumption" (short story), a 1929 story by Samuel Beckett * Assumption of Moses, a Jewish apocryphal pseudepigraphical work of uncertain date and authorship Churches * Assumption Chapel, Minnesota, United States * Assumption of the Blessed Virgin Mary Church, Michigan, United States * Assumption – St. Paul, New York, United States * Cathedral of the Assumption (other) * Church of the Assumption (other) Logic * Closed-world assu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Caparo
Caparo plc is a British company involved mainly in the steel industry, primarily in the design, manufacturing and marketing of steel and niche engineering products. Current affairs Caparo was founded by Lord Swraj Paul, in 1968. Sixteen companies within the group were put into administration in October 2015, leaving three to continue trading as normal. One month later, Sanjeev Gupta, head of Liberty House Group, announced that his family had bought a part of the business from the administrators. Liberty House bought Caparo Merchant Bar - one of the three solvent parts of the business that had continued trading - from the administrators in 2017. While CMB had remained solvent, its ability to develop had been restricted by its ties to a pension scheme of its former parent group. Numerous other deals by the administrators saw many companies within the group sold, with consequent savings in jobs. History The group was headed by Angad Paul, the son of Lord Paul, from 1996, unti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Tort Law
English tort law concerns the compensation for harm to people's rights to health and safety, a clean environment, property, their economic interests, or their reputations. A "tort" is a wrong in civil, rather than criminal law, that usually requires a payment of money to make up for damage that is caused. Alongside contracts and unjust enrichment, tort law is usually seen as forming one of the three main pillars of the law of obligations. In English law, torts like other civil cases are generally tried in front a judge without a jury. History Following Roman law, the English system has long been based on a closed system of nominate torts, such as trespass, battery and conversion. This is in contrast to continental legal systems, which have since adopted more open systems of tortious liability. There are various categories of tort, which lead back to the system of separate causes of action. The tort of negligence is however increasing in importance over other types of tort, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Negligent Misstatement
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 bec ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pure Economic Loss
Economic loss is a term of art which refers to financial loss and damage suffered by a person which is seen only on a balance sheet and not as physical injury to person or property. There is a fundamental distinction between pure economic loss and consequential economic loss, as pure economic loss occurs independent of any physical damage to the person or property of the victim. It has also been suggested that this tort should be called "commercial loss" as injuries to person or property can be regarded as "economic". Examples of pure economic loss include the following: *Loss of income suffered by a family whose principal earner dies in an accident. The physical injury is caused to the deceased, not the family.. *Loss of market value of a property owing to the inadequate specifications of foundations by an architect.. *Loss of production suffered by an enterprise whose electricity supply is interrupted by a contractor excavating a public utility. The latter case is exemplified by ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
HM Customs And Excise
HM Customs and Excise (properly known as Her Majesty's Customs and Excise at the time of its dissolution) was a department of the British Government formed in 1909 by the merger of HM Customs and HM Excise; its primary responsibility was the collection of customs duties, excise duties, and other indirect taxes. The payment of customs dues has been recorded in Britain for over one thousand years and HMCE was formed from predecessor bodies with a long history. With effect from 18 April 2005, HMCE merged with the Inland Revenue (which was responsible for the administration and collection of direct taxes) to form a new department: HM Revenue and Customs (HMRC). Activities The three main functions of HMCE were revenue collection, assessment and preventive work, alongside which other duties were performed. Revenue collection On behalf of HM Treasury, officers of HM Customs and Excise levied customs duties, excise duties, and other indirect taxes (such as Air Passenger Duty ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hedley Byrne
''Hedley Byrne & Co Ltd v Heller & Partners Ltd'' 964AC 465 is an English tort law case on economic loss in English tort law resulting from a negligent misstatement. Prior to the decision, the notion that a party may owe another a duty of care for statements made in reliance had been rejected, with the only remedy for such losses being in contract law. The House of Lords overruled the previous position, in recognising liability for pure economic loss not arising from a contractual relationship, applying to commercial negligence the principle of "assumption of responsibility". Facts Hedley Byrne were a firm of advertising agents. A customer, Easipower Ltd, put in a large order. Hedley Byrne wanted to check their financial position, and creditworthiness, and so asked their bank, to get a report from Easipower’s bank, Heller & Partners Ltd., who replied in a letter that was headed, "without responsibility on the part of this bank" ...Easipower is, "considered good for ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Negligence
Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as a form of ''carelessness'' possibly with extenuating circumstances. The core concept of negligence is that people should exercise reasonable care in their actions, by taking account of the potential harm that they might foreseeably cause to other people or property. Someone who suffers loss caused by another's negligence may be able to sue for damages to compensate for their harm. Such loss may include physical injury, harm to property, psychiatric illness, or economic loss. The law on negligence may be assessed in general terms according to a five-part model which includes the assessment of duty, breach, actual cause, proximate cause, and damages. Elements of negligence claims Some things must be established by anyone who wants to sue i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
C Mitchell
Charles Christopher James Mitchell KC (Hon) (born 14 May 1965) is a British legal scholar acknowledged as one of the leading common-law experts on the English law of restitution of unjust enrichment and the law of trusts. He is the author of two leading textbooks and one practitioner's book. He is currently Professor of Law at University College London and Senior Associate Research Fellow at the Institute of Advanced Legal Studies. Career Mitchell completed his PhD at University College London and was supervised by Peter Birks. Until 2008 he worked at King's College London, before spending a year as Professor of Property Law at Jesus College, Oxford. Mitchell was also previously general editor of the ''King's Law Journal''. Personal life In April 1992, Mitchell married The Honourable Dr Charlotte Lennox-Boyd, daughter of Simon Lennox-Boyd, 2nd Viscount Boyd of Merton and the former Alice Clive. Dr Charlotte Mitchell is Honorary Senior Lecturer at UCL's Department of Englis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Quarterly Review
The ''Law Quarterly Review'' is a peer-reviewed academic journal covering common law throughout the world. It was established in 1885 and is published by Sweet & Maxwell. It is one of the leading law journals in the United Kingdom. History The ''LQR''s founding editor was Frederick Pollock, then Corpus Professor of Jurisprudence at the University of Oxford. Founded in 1885, it is one of the oldest law journals in the English-speaking world, after only the '' University of Pennsylvania Law Review'' and the '' South African Law Journal''. The editors' intention was that the journal would help to establish law as a worthy field of academic study. In this purpose it has "triumphed". In the first volume alone its contributors included, in addition to Pollock himself, Sir William Anson, Albert Venn Dicey, and Thomas Erskine Holland, each of whom had assisted in the founding of the journal, as well as Oliver Wendell Holmes, F. W. Maitland, T. E. Scrutton (later Lord Justice), Ja ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Tort 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] |
