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Lewis V Averay
''Lewis v Averay'' 971EWCA Civ 4 is a case in English contract law on fraudulent misrepresentation or "mistake" about identity. Facts Impersonating Richard Greene, a popular actor from ''The Adventures of Robin Hood (TV series)'', a rogue gave this false name to the plaintiff who had advertised the sale of his car, and offered to buy it for the advertised price, £450. Subsequently, the rogue appended his signature that clearly displayed "R. A. Greene" on a cheque which he presented to the seller. As a result, he was granted the chance of taking away the car. The cheque bounced and the buyer was indeed not Richard Greene. The rogue sold the car to Averay, a third party who purchased the car in good faith. An action was brought against Averay for conversion. Judgment The Court of Appeal, following ''Phillips v Brooks'' held that despite his mistake, the plaintiff had completed a contract with the rogue. Lord Denning MR held there was no operative mistake and the property had pas ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordi ... [...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] |
Fraudulent Misrepresentation
The tort of deceit is a type of legal injury that occurs when a person intentionally and knowingly deceives another person into an action that damages them. Specifically, deceit requires that the tortfeasor * makes a factual representation, * knowing that it is false, or reckless or indifferent about its veracity, * intending that another person relies on it, * who then acts in reliance on it, to that person's own detriment. Deceit dates in its modern development from ''Pasley v. Freeman''. Here the defendant said that a third party was creditworthy to the claimant, knowing he was broke. The claimant loaned the third party money and lost it. He sued the defendant successfully. Relationship with negligence The leading case in English law is ''Derry v. Peek'', which was decided before the development of the law on negligent misstatement. In '' Hedley Byrne & Co Ltd v. Heller & Partners Ltd'' it was decided that people who make statements which they ought to have known were untrue ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mistake In English Contract Law
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" (Moby song), 2009 * "Mistake" (Stephanie McIntosh song), 2006 * "Mistake" (Mike Oldfield song), 1982 * "Mistakes" (Brian McFadden song), a 2010 song featuring Delta Goodrem * "Mistakes" (Tove Styrke song), 2017 * "Mi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Richard Greene
Richard Marius Joseph Greene (25 August 1918 – 1 June 1985) was a noted English film and television actor. A matinée idol who appeared in more than 40 films, he was perhaps best known for the lead role in the long-running British TV series ''The Adventures of Robin Hood'', which ran for 143 episodes from 1955 to 1959. Early life Greene of Irish and Scottish ancestry, and was born in Plymouth, Devon, England. He was raised Roman Catholic, attending Cardinal Vaughan Memorial School ( Kensington, London), which he left at age 18. His aunt was actress Evie Greene. His father, Richard Abraham Greene and his mother, Kathleen Gerrard, were both actors with the Plymouth Repertory Theatre. He was the grandson of Richard Bentley Greene and a descendant of four generations of actors. It has been stated elsewhere that he was the grandson of the inventor William Friese-Greene, (credited by some as the inventor of cinematography) but this was found to be false, as a result of two parall ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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