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Kingston V Preston
''Kingston v Preston'' (1773) 2 Doug KB 689 is an English contract law case, concerning the right to withhold performance for a contract. Facts Kingston, a silk-mercer, sued Preston, a business owner for failing to convey the business to Kingston and his nephew after Kingston served for a year and a quarter. They had agreed Preston would convey the stock in trade over a period of time, in return for Kingston providing security. But Kingston never provided the security. Kingston sued. Judgment Lord Mansfield held that because the security was a condition precedent to Preston’s performance, Preston had been entitled to withhold conveyance. Lord Mansfield gave a judgment which was recorded as follows:2 Douglas 690-1. 99 Eng. Rep. 437-8 See also *United Kingdom enterprise law British enterprise law concerns the ownership and regulation of organisations producing goods and services in the UK, Law of the European Union, European and International law, international economy. ...
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Court Of King's Bench (England)
The Court of King's Bench, formally known as The Court of the King Before the King Himself, was a court of common law in the English legal system. Created in the late 12th to early 13th century from the '' curia regis'', the King's Bench initially followed the monarch on his travels. The King's Bench finally joined the Court of Common Pleas and Exchequer of Pleas in Westminster Hall in 1318, making its last travels in 1421. The King's Bench was merged into the High Court of Justice by the Supreme Court of Judicature Act 1873, after which point the King's Bench was a division within the High Court. The King's Bench was staffed by one Chief Justice (now the Lord Chief Justice of England and Wales) and usually three Puisne Justices. In the 15th and 16th centuries, the King's Bench's jurisdiction and caseload was significantly challenged by the rise of the Court of Chancery and equitable doctrines as one of the two principal common law courts along with the Common Pleas. To r ...
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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 ...
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Lord Mansfield
William Murray, 1st Earl of Mansfield, (2 March 1705 – 20 March 1793), was a British judge, politician, lawyer, and peer best known for his reforms to English law. Born in Scone Palace, Perthshire, to a family of Peerage of Scotland, Scottish nobility, he was educated in Perth, Scotland, Perth before moving to London at the age of 13 to study at Westminster School. Accepted into Christ Church, Oxford, in May 1723, Mansfield graduated four years later and returned to London, where he was called to the Bar by Lincoln's Inn in November 1730 and quickly gained a reputation as an excellent barrister. He became involved in British politics in 1742, beginning with his election to the House of Commons of Great Britain, House of Commons as a Member of Parliament (UK), Member of Parliament for Boroughbridge (UK Parliament constituency), Boroughbridge and appointment as Solicitor General for England and Wales, Solicitor General. In the absence of a strong Attorney General for England ...
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United Kingdom Enterprise Law
British enterprise law concerns the ownership and regulation of organisations producing goods and services in the UK, Law of the European Union, European and International law, international economy. Private enterprises are usually incorporated under the Companies Act 2006, regulated by United Kingdom company law, company law, European Union competition law, competition law, and United Kingdom insolvency law, insolvency law, while almost one third of the workforce and half of the UK economy is in enterprises subject to special regulation. Enterprise law mediates the rights and duties of investors, workers, consumers and the public to ensure efficient production, and deliver services that UK and international law sees as universal human rights. United Kingdom labour law, Labour, United Kingdom company law, company, competition and United Kingdom insolvency law, insolvency law create general rights for stakeholders, and set a basic framework for enterprise governance, but rules of go ...
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