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Dutton V Poole (1678)
''Dutton v Poole'' (1678) is a landmark decision in the Court of Chancery. It established the rule that privity of contract coupled with lack of consideration preclude third-party suit for breach of a contract and an exception to the rule in appropriate close family relationships. The exception it stated was, having been shunned in run-of-the-mill contract cases for around a century, in 1999 reinstatated and broadened by the Contracts (Rights of Third Parties) Act 1999. Facts In this case a son contracted with his father not to fell and sell the timber from their oak wood which the son would then inherit, and in exchange, he would pay £1000 to his sister on her marriage. The sister married after the father's death, and the son refused to make good the promised sum (). Decision of court of law and of the court of equity In this case Scroggs C.J. with strong reasons permitted the sister to appeal from the decision of a more junior judge of his court despite the legal prohi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William Scroggs
Sir William Scroggs (c. 162325 October 1683) was Lord Chief Justice of England from 1678 to 1681. He is best remembered for presiding over the Popish Plot trials, where he was accused of showing bias against the accused. Youth and early career Scroggs was the son of an Oxford landowner; the story of him being the son of a butcher of sufficient means to give his son a university education is merely a rumour, although one which was widely believed. He spent his youth in Stifford. He went to Oriel College, and later to Pembroke College, Oxford, where he graduated in 1640, having acquired a fair knowledge of the classics. There is some evidence that he fought on the royalist side during the Civil War; certainly, his loyalty to the Crown was never doubted in later years. In 1653 he was called to the bar, and soon gained a good practice in the courts. He was appointed a judge of the Common Pleas in 1676. Two years later he was promoted to the office of Lord Chief Justice on the re ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Committee Of The House Of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, it for many centuries had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England. Appeals were technically not to the House of Lords, but rather to the King-in-Parliament. In 1876, the Appellate Jurisdiction Act devolved the appellate functions of the House to an Appellate Committee, composed of Lords of Appeal in Ordinary (informally referred to as Law Lords). They were then appointed by the Lord Chancellor in the same manner as other judges. During the 20th and early 21st century, the judicial functions were gradually removed. Its final trial of a peer was in 1935, and in 1948, the use of special courts for such trials was abolished. The procedure of impeachment became seen as obsolete. In 2009, t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Privity 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 * Eng ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Denning Cases
A list of cases involving Lord Denning is bound to be incomplete, since he delivered around 2000 reported judgments. Lord Denning served as a judge for nearly 40 years, from 1944 to 1982. He often played a decisive role in developing the law and was influential around the Commonwealth and common law world. Counsel *''L'Estrange v F Graucob Ltd'' 9342 KB 394 High Court *'' Fletcher v Fletcher'' 9451 All ER 582, 61 TLR 354, Denning approves the divorce of a husband who deserted wife by withdrawing sexual intercourse and joining a religious community. *''Central London Property Trust Ltd v High Trees House Ltd'' 947KB 130, Denning resurrects the lost doctrine of promissory estoppel. Court of Appeal *'' Hain Steampship Co Ltd v Minister of Food'' 9491 All ER 444 (C.A.) *''Olley v Marlborough Court Hotel'' 9491 KB 532, on exclusion clauses in contract law. *'' Metropolitan Borough and the Town Clerk of Lewisham v Roberts'' 9492 K.B. 608 (C.A.) — Dissenting, an executive body sh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Physicians Case
A physician (American English), medical practitioner (Commonwealth English), medical doctor, or simply doctor, is a health professional who practices medicine, which is concerned with promoting, maintaining or restoring health through the study, diagnosis, prognosis and treatment of disease, injury, and other physical and mental impairments. Physicians may focus their practice on certain disease categories, types of patients, and methods of treatment—known as specialities—or they may assume responsibility for the provision of continuing and comprehensive medical care to individuals, families, and communities—known as general practice. Medical practice properly requires both a detailed knowledge of the academic disciplines, such as anatomy and physiology, underlying diseases and their treatment—the ''science'' of medicine—and also a decent competence in its applied practice—the art or ''craft'' of medicine. Both the role of the physician and the meaning of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gray's Inn
The Honourable Society of Gray's Inn, commonly known as Gray's Inn, is one of the four Inns of Court (professional associations for barristers and judges) in London. To be called to the bar in order to practise as a barrister in England and Wales, an individual must belong to one of these inns. Located at the intersection of High Holborn and Gray's Inn Road in Central London, the Inn is a professional body and provides office and some residential accommodation for barristers. It is ruled by a governing council called "Pension," made up of the Masters of the Bench (or "benchers,") and led by the Treasurer, who is elected to serve a one-year term. The Inn is known for its gardens (the “Walks,”) which have existed since at least 1597. Gray's Inn does not claim a specific foundation date; none of the Inns of Court claims to be any older than the others. Law clerks and their apprentices have been established on the present site since at latest 1370, with records dating from ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sprat V Agar
''Sprat v Agar'' is an early and landmark precedent and decision in third-party contract law, that is defeating privity of contract. It was one of a number of early cases in the development of how the writ of assumpsit came to allow third parties with no direct involvement to a contract could achieve standing to enforce benefits from a contract. Facts John Agar had promised certain lands to Henry Sprat, as consideration for the dowry of the daughter of a third man Sir Thomas Lockier. The land was, however, only payable on the owner's death and the promise was made to Lockier, not Sprat, the intended recipient. It is not known why Agar would have made such an undertaking, but it is possible that Sprat was a rival suitor for the hand of Miss Lockier. Sir Thomas pre-deceased Agar and when he died, Agar left the lands to his wife. The plaintiff Sprat appealed the will and was awarded £1300. Recently it has been argued that in this case the third party was enjoined (directly invol ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Resale Price Maintenance
Resale price maintenance (RPM) or, occasionally, retail price maintenance is the practice whereby a manufacturer and its distributors agree that the distributors will sell the manufacturer's product at certain prices (resale price maintenance), at or above a price floor (minimum resale price maintenance) or at or below a price ceiling (maximum resale price maintenance). If a reseller refuses to maintain prices, either openly or covertly (see grey market), the manufacturer may stop doing business with it. Resale price maintenance is illegal in many jurisdictions. Resale price maintenance prevents resellers from competing too fiercely on price, especially with regard to fungible goods. Otherwise, resellers worry it could drive down profits for themselves as well as for the manufacturer. Some argue that the manufacturer may do this because it wishes to keep resellers profitable, thus keeping the manufacturer profitable. Others contend that minimum resale price maintenance, f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dunlop Pneumatic Tyre Co Ltd V Selfridge & Co Ltd
, 915AC 847 is an English contract law case, with relevance for UK competition law, decided in the House of Lords. It established that an agreement for resale price maintenance was unenforceable as a matter of privity of contract. It should not be confused with ''Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd'', a separate decision of the House of Lords in the preceding year relating to substantially the same resale price maintenance agreement but ruling on the concept of liquidated damages. Under the modern law of the Competition Act 1998 or EU competition law an agreement like this would be regulated as an anticompetitive agreement. Facts Dunlop made tyres. It did not want them sold cheaply but to maintain a standard resale price. It agreed with its dealers (in this case, Dew & Co.) not to sell them below its recommended retail price. It also bargained for dealers to get the same undertaking from their retailers (in this case, Selfridge). If retailers did sell below ... [...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] |
Beswick V Beswick
was a landmark English contract law case on privity of contract and specific performance. The Lords, overruling the decision of Lord Denning in the Court of Appeal, ruled that a person who was not party to a contract had no independent standing to sue to enforce it, even if the contract was clearly intended for their benefit. Today the judicial precedent has been codified by statute in the United Kingdom, and Lord Denning's decision has largely been given effect by the Contracts (Rights of Third Parties) Act 1999. However the case remains good law in many other Commonwealth common law jurisdictions. Facts Lord Denning in the Court of Appeal started describing the facts of the case in the following way. The agreement was that Peter assign his business to his nephew in consideration of the nephew employing him for the rest of his life and then paying a weekly annuity to Mrs Beswick. Since the latter term was for the benefit of someone not party to the contract, the nephew ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tweddle V Atkinson
is an English contract law case concerning the principle of privity of contract and consideration. Its panel of appeal judges reinforced that the doctrine of privity meant that only those who are party to an agreement (outside of one of the well-established exceptional relationships such as agency, bailment or trusteeship) may sue or be sued on it and established the principle that "consideration must flow from the promisee". Facts John Tweddle and William Guy mutually agreed in writing to pay sums of money (£100 and £200, respectively) to Tweddle's son William (who was engaged to Guy's daughter). Guy then died before payment, and when the estate would not pay, William Tweddle then sued Mr Atkinson, the executor of Guy's estate, for the promised £200. Judgment The court held that the suit would not succeed as no stranger to the consideration may enforce a contract, although made for his benefit. The court ruled that a promisee cannot bring an action unless the considerati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
