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Fundamental Breach
Fundamental breach of contract, is a controversial concept within the common law of contract. The doctrine was, in particular, nurtured by Lord Denning, Master of the Rolls from 1962 to 1982, but it did not find favour with the House of Lords. Whereas breach of condition is a serious breach that "denies the plaintiff the main benefit of the contract", fundamental breach was supposed to be even worse, with the result that any exclusion clause limiting the defendant's liability would automatically become void and ineffective. Also, whereas breach of condition gives the plaintiff the option to repudiate, fundamental breach automatically discharges the entire contract. Although the concept caused some excitement in the 1950s and 1960s, the concept was regarded as flawed by the Law Lords, whose decision in the '' Suisse Atlantique'' case substantially curtailed the doctrine, which has now been effectively abandoned in England and Canada. The relevant concept in English Law, where a fu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract
A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of those at a future date. The activities and intentions of the parties entering into a contract may be referred to as contracting. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or equitable remedies such as specific performance or rescission. A binding agreement between actors in international law is known as a treaty. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Like other areas of private law, contract law varies between jurisdictions. In general, contract law is exercised and governed either under common law jurisdictions, civil law jurisdictions, or mixed-law jurisdictions that combine elem ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Glynn V Margetson
''Glynn v Margetson'' is an English case on the law of carriage of goods by sea which established the "Main Purpose Rule" in relation to deviation. Facts A vessel, the ''Zena'', was chartered to carry a perishable cargo of Seville oranges from Málaga to a marmalade factory in Liverpool. The bill of lading provided that the master was "at liberty to visit any ports in any order". Although a carrier has a duty to "proceed with reasonable despatch" and not to deviate from the agreed course, the ship visited other ports in Spain and North Africa before heading for Liverpool. The deviation caused delays in delivering the cargo, during which time both the cargo and the market for oranges had deteriorated. The cargo-owner sued. Judgment The House of Lords held that the "liberty clause" was in effect an exemption clause which sought to limit the carrier's liability for loss caused through unjustifiable deviation. The court went on to establish the "Main Purpose Rule" which prov ... [...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 of Nations, Commonwealth (such as Australian contract law, Australia, Canadian contract law, Canada, Indian contract law, 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 Voluntariness, voluntary Law of obligations, obligation, contrasting to the duty to not violate others rights in English tort law, tort or English unjust enrichment law, 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 UK human rights law, human rights. Generally a contract forms w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tate & Lyle V Hain Steamship Company
Tate is an institution that houses, in a network of four art galleries, the United Kingdom's national collection of British art, and international modern and contemporary art. It is not a government institution, but its main sponsor is the UK Department for Culture, Media and Sport. The name "Tate" is used also as the operating name for the corporate body, which was established by the Museums and Galleries Act 1992 as "The Board of Trustees of the Tate Gallery". The gallery was founded in 1897 as the National Gallery of British Art. When its role was changed to include the national collection of modern art as well as the national collection of British art, in 1932, it was renamed the Tate Gallery after sugar magnate Henry Tate of Tate & Lyle, who had laid the foundations for the collection. The Tate Gallery was housed in the current building occupied by Tate Britain, which is situated in Millbank, London. In 2000, the Tate Gallery transformed itself into the current-day Tate ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Exemption Clause
Exclusion clauses and limitation clauses are terms in a contract which seek to restrict the rights of the parties to the contract. Traditionally, the district courts have sought to limit the operation of exclusion clauses. In addition to numerous common law rules limiting their operation, in England and Wales Consumer Contracts Regulations 1999. The Unfair Contract Terms Act 1977 applies to all contracts, but the Unfair Terms in Consumer Contracts Regulations 1999, unlike the common law rules, do differentiate between contracts between businesses and contracts between business and consumer, so the law seems to explicitly recognize the greater possibility of exploitation of the consumer by businesses. Types of exclusion clause There are various methods by which a party may seek to exclude or mitigate liability by use of a contractual term: * True exclusion clause: The clause recognizes a potential breach of contract, and then excuses liability for the breach. Alternatively, the c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Liverpool
Liverpool is a port City status in the United Kingdom, city and metropolitan borough in Merseyside, England. It is situated on the eastern side of the River Mersey, Mersey Estuary, near the Irish Sea, north-west of London. With a population of (in ), Liverpool is the administrative, cultural and economic centre of the Liverpool City Region, a combined authority, combined authority area with a population of over 1.5 million. Established as a borough in Lancashire in 1207, Liverpool became significant in the late 17th century when the Port of Liverpool was heavily involved in the Atlantic slave trade. The port also imported cotton for the Textile manufacture during the British Industrial Revolution, Lancashire textile mills, and became a major departure point for English and Irish emigrants to North America. Liverpool rose to global economic importance at the forefront of the Industrial Revolution in the 19th century and was home to the Liverpool and Manchester Railway, firs ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Seville Orange
The bitter orange, sour orange, Seville orange, bigarade orange, or marmalade orange is the hybrid citrus tree species ''Citrus'' × ''aurantium'', and its fruit. It is native to Southeast Asia and has been spread by humans to many parts of the world. It is a cross between the pomelo, ''Citrus maxima'', and the wild type mandarin orange, ''Citrus reticulata''. The bitter orange is used to make essential oil, used in foods, drinks, and pharmaceuticals. The Seville orange is prized for making British orange marmalade. Definition In some proposed systems, the species ''Citrus'' × ''aurantium'' includes not only the bitter orange proper, but all other Hybrid (biology), hybrids between the pomelo and the wild type mandarin orange, mandarin, namely the sweet orange, the grapefruit, and all cultivated mandarin orange, mandarins. p. 69–70 This article only deals with the bitter orange proper. History The bitter orange, like many cultivated ''Citrus'' species, is a hybrid, i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hague–Visby Rules
The Hague–Visby Rules is a set of international rules for the international carriage of goods by sea. They are a slightly updated version of the original Hague Rules which were drafted in Brussels in 1924. The premise of the Hague–Visby Rules (and of the earlier English common law from which the Rules are drawn) was that a carrier typically has far greater bargaining power than the shipper, and that to protect the interests of the shipper/cargo-owner, the law should impose some minimum affreightment obligations upon the carrier. However, the Hague and Hague–Visby Rules were hardly a charter of new protections for cargo-owners; the English common law prior to 1924 provided more protection for cargo-owners, and imposed more liabilities upon "common carriers". The official title of the Hague Rules the "International Convention for the Unification of Certain Rules of Law relating to Bills of Lading". After being amended by the Brussels Amendments (officially the "Protocol ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bill Of Lading
A bill of lading () (sometimes abbreviated as B/L or BOL) is a document issued by a common carrier, carrier (or their Law of agency, agent) to acknowledge receipt of cargo for shipment. Although the term is historically related only to Contract of carriage, carriage by sea, a bill of lading may today be used for any type of carriage of goods. Bills of lading are one of three crucial documents used in international trade to ensure that exporters receive payment and importers receive the merchandise. The other two documents are a insurance policy, policy of insurance and an invoice. Whereas a bill of lading is negotiable, both a policy and an invoice are assignment (law), assignable. In international trade outside the United States, bills of lading are distinct from waybills in that the latter are not transferable and do not confer title. Nevertheless, the UK Carriage of Goods by Sea Act 1992 grants "all rights of suit under the contract of carriage" to the lawful holder of a bill ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parol Evidence Rule
The parol evidence rule is a rule in common law jurisdictions limiting the kinds of evidence parties to a contract dispute can introduce when trying to determine the specific terms of a contract and precluding parties who have reduced their agreement to a final written document from later introducing other evidence, such as the content of oral discussions from earlier in the negotiation process, as evidence of a different intent as to the terms of the contract. The rule provides that "extrinsic evidence is inadmissible to vary a written contract". The term "parol" derives from the Anglo-Norman French ''parol'' or ''parole'', meaning "word of mouth" or "verbal", and in medieval times referred to oral pleadings in a court case. The rule's origins lie in English contract law, but it has been adopted in other common law jurisdictions; however there are now some differences between application of the rule in different jurisdictions. For instance, in the US, a common misconception is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Clyde Estuary
The River Clyde (, ) is a river that flows into the Firth of Clyde, in the west of Scotland. It is the eighth-longest river in the United Kingdom, and the second longest in Scotland after the River Tay. It runs through the city of Glasgow. The River Clyde estuary has an upper tidal limit located at the tidal weir next to Glasgow Green. Historically, it was important to the British Empire because of its role in shipbuilding and trade. To the Romans, it was , and in the early medieval Cumbric language, it was known as or . It was central to the Kingdom of Strathclyde (). Etymology The exact etymology of the river's name is unclear, though it is known that the name is ancient. In 50AD, the Egyptian mathematician, astronomer and geographer Claudius Ptolemy wrote of the river as "Klōta", It was called or by the Britons and by the Romans. It is therefore likely that the name comes from a Celtic language—most likely Old British. But there is more than one old Celtic word ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
