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List Of Cases Involving Lord Denning
This is a partial list of legal cases involving Lord Denning, who during his career delivered around 2000 reported judgments. After serving as a barrister, 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, establishes the doctrine of incorporation by signature *'' Regal (Hastings) Ltd v Gulliver ''942UKHL 1; 1942 1 All ER 378; 9672 AC 134, trustees cannot make profit from office even when the opportunity is not available to their beneficiaries 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 while only a judge in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judgment (law)
In law, a judgment is a Decision-making, decision of a court regarding the rights and liabilities of parties in a legal action or proceeding. Judgments also generally provide the court's explanation of why it has chosen to make a particular court order.''Black’s Law Dictionary'' 970 (10th ed. 2014). Speakers of British English tend to use the term at the appellate level as synonymous with judicial opinion. American English speakers prefer to maintain a clear distinction between the ''opinion'' of an appellate court (setting forth reasons for the disposition of an appeal) and the ''judgment'' of an appellate court (the pronouncement of the disposition itself). In Canadian English, the phrase "reasons for judgment" is often used interchangeably with "judgment," although the former refers to the court's justification of its judgment while the latter refers to the final court order regarding the rights and liabilities of the parties. Spelling Judgment is considered a "free var ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Laches (equity)
In common-law legal systems, laches ( , ; Law French: , , from ) is a lack of diligence and activity in making a legal claim, or moving forward with legal enforcement of a right, particularly in regard to equity (law), equity. It is an unreasonable delay that can be viewed as prejudicing the opposing party. When asserted in litigation, it is an equity defense, that is, a defense to a claim for an equitable remedy. It is often understood in comparison to a statute of limitations, a statutory defense, which traditionally is a defense to a claim "at law". The person invoking laches is asserting that an opposing party has "slept on its rights", and that, as a result of this delay, circumstances have changed (witnesses or evidence may have been lost or no longer available, etc.), such that it is no longer a just resolution to grant the plaintiff's claim. Laches is associated with the maxim of equity: "Equity aids the vigilant"not those who sleep on their rights. Put another way, f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Entores Ltd V Miles Far East Corporation
''Entores Ltd v Miles Far East Corporation'' [1955EWCA Civ 3is a landmark English Court of Appeal of England and Wales, Court of Appeal decision in contract law relating to the moment of offer and acceptance, acceptance of a contract agreed over telex. Lord Denning, Denning LJ found that the regular postal rule did not apply for instantaneous means of communications such as a telex. Instead, acceptance occurs when and where the message of acceptance is received. Facts Entores was a London-based trading company that sent an offer by telex for the purchase of copper cathodes from a company based in Amsterdam. The Dutch company sent an acceptance by telex. The contract was not fulfilled and so Entores attempted to sue the owner of the Dutch company for damages. The controlling company, Entores, was based in the UK, and under English law Entores could only bring the action in the UK (serve notice of writ outside the jurisdiction) if it could prove that the contract was formed within ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ladd V Marshall
''Ladd v Marshall'' [1954] 1 WLR 1489; [1954] 3 All ER 745 is an English Court of Appeal of England and Wales, Court of Appeal judgment, which established the criteria for the Court to accept fresh evidence in a case on which a judgment has already been delivered. Facts Mr Marshall, the defendant, owned a piece of land in Ashford, Middlesex, consisting of a bungalow attached to a pig holding. The bungalow had been built under a licence from the local authority, who had imposed a condition that the maximum price for which Marshall could sell the bungalow was approximately £1,500. In 1952, despite the licence condition, Marshall offered the property for sale with an asking price of £3,600, and Mr Ladd, the plaintiff, expressed an interest in buying it. Marshall told Ladd that the sale price was limited to £2,500 (presumably £1,500 for the bungalow and £1,000 for the land, although Marshall did not make this explicit), and a document was drawn up for a sale at this price, w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roe V Minister Of Health
''Roe v Minister of Health'' 9542 All ER 131 is an English tort law decision of the Court of Appeal of England and Wales which has had a significant influence on the common law throughout the common law world. Facts Roe and Woolley underwent surgery on 13 October 1947 at the Chesterfield Hospital. It was managed under the general supervision of the Minister of Health. Before entering the operating theatre, an anaesthetic consisting of Nupercaine was administered by means of a lumbar puncture. The spinal anaesthetics had been given by Dr.Malcolm Graham. At that time, it was common practice to store such anaesthetic in glass ampoules immersed in a phenol solution to reduce the risk of infection. Unknown to the staff, the glass had a number of micro-cracks which were invisible to the eye but which allowed the phenol to penetrate. When used, the phenol-contaminated anaesthetic caused permanent paraplegia. A later analysis suggests that the most probable cause of the paralyses was a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rectification (law)
Rectification is a remedy whereby a court orders a change in a written document to reflect what it ought to have said in the first place. It is an equitable remedy,Walker MorrisDo you know who you’re dealing with? published November 29, 2013, accessed June 13, 2021 and so the circumstances on which it can be applied are limited. In the United States, the remedy is commonly referred to as reformation. England In English law, the rule was summarised in ''Fowler v Fowler'' (1859) 4 DeG & J 250 at 264: :"Only after the court has been satisfied by evidence which leaves no 'fair and reasonable doubt' that the deed impeached does not embody the final intention of the parties. This evidence must make it clear that the alleged intention to which the plaintiff asks that the deed be made to conform, continued concurrently in the minds of all the parties down to the time of its execution; and the plaintiff must succeed in showing also the precise form in which the instrument will express th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Frederick E Rose (London) Ltd V William H Pim Junior & Co Ltd
''Frederick E Rose (London) Ltd v William H Pim Junior & Co Ltd'[1953] 2 QB 450is an English contract law case concerning the rectification of contractual documents and the interpretation of contracts in English law. Facts Frederick E Rose (London) Ltd was asked to supply ‘up to five hundred tons of Moroccan horsebeans described here as feveroles’ to an English firm in Egypt. So, Rose asked an Algerian supplier, William H Pim Junior & Co Ltd, what feveroles were. Pim replied ‘feveroles means just horsebeans’. They contracted for the supply of ‘horsebeans’. Both believed horsebeans were feveroles. However, little did Rose know, there are three bean sizes, feves, feveroles and fevettes. Rose got feves delivered, which are larger and cheaper. The English firm had a claim for the wrong beans being delivered, and Rose in turn brought a claim against Pim. Rose sought to rectify the contract to replace ‘horsebean’ with ‘feverole’. Judgment Denning LJ, Singl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hoenig V Isaacs
''Hoenig v Isaacs'' 952EWCA Civ 6is an English contract law case concerning substantial performance of an entire obligation. Facts Mr Hoenig was contracted to decorate and furnish Mr Isaacs' flat for £750. When the work was done, there were problems with a bookcase and wardrobe, which would cost £55 to fix. Mr Isaacs refused to pay the £350 outstanding. Judgment Somervell LJ upheld the decision of an Official Referee at first instance, His Honour Sir Lionel Leach, in finding there had been substantial compliance. He noted that each case turns on the construction of the contract. Where there is substantial performance of the contract, then money must be paid. The work was done, and then there was merely a damages claim in respect of the faulty parts. He noted the case was near the border line for substantial performance and disallowed the appeal. Denning LJ also disallowed the appeal and gave judgment as follows. See also *'' Jacob & Youngs v. Kent'', 230 N.Y. 239 (19 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Combe V Combe
A combe (; also spelled coombe or coomb and, in place names, comb) can refer either to a steep, narrow valley, or to a small valley or large hollow on the side of a hill; in any case, it is often understood simply to mean a small valley through which a watercourse ''does not'' run. The word "combe" derives from Old English ''cumb'' and is unrelated to the English word "comb". From Middle English coumbe, cumbe, from Old English cumb, ultimately from Proto-Germanic *kumbaz; compare Dutch kom (“bowl, basin”), German Kump (“vessel”). Related to Welsh cwm (“a hollow valley”), of identical meaning, through Proto-Indo-European *ḱumbʰ-. Today, the word is used mostly in reference to the combes of southern and southwestern England. Examples The following is a list places in the British Isles The British Isles are an archipelago in the Atlantic Ocean, North Atlantic Ocean off the north-western coast of continental Europe, consisting of the islands of Great Britain ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Equity (law)
In the field of jurisprudence, equity is the particular body of law, developed in the English Court of Chancery, with the general purpose of providing legal remedies for cases wherein the common law is inflexible and cannot fairly resolve the disputed legal matter. Conceptually, equity was part of the historical origins of the system of common law of England, yet is a field of law separate from common law, because equity has its own unique rules and principles, and was administered by courts of equity. Equity exists in domestic law, both in civil law and in common law systems, as well as in international law. The tradition of equity begins in antiquity with the writings of Aristotle (''epieikeia'') and with Roman law ('' aequitas''). Later, in civil law systems, equity was integrated in the legal rules, while in common law systems it became an independent body of law. Equity in common law jurisdictions (general) In jurisdictions following the English common law syste ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Errington V Wood
is an English contract law and English land law judicial decision of the Court of Appeal concerning agreement and the right to specific performance of an assurance that is relied on. Facts Mr Errington in 1936 bought a house in Milvain Avenue, Newcastle upon Tyne, for his son and daughter in law, paying £250, and the remaining £500 coming from a mortgage, paid off with 15 s a week by the newly weds. Mr Errington promised them they could stay in occupation as long as they paid the mortgage and that when all the instalments were paid it would be theirs. He gave her the building society book and said, ‘Don't part with this book. The house will be your property when the mortgage is paid.’ He died and the son left to move in with his mother. The mother sought possession from the daughter in law. The judge dismissed the claim for possession. Judgment The three-judge panel in the Court of Appeal unanimously held that the daughter in law did not have to move out of the house, b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hedley Byrne V Heller
''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 acquire 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] |