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McCutcheon V David MacBrayne Ltd
''McCutcheon v David MacBrayne Ltd'' 9641 WLR 125 is a Scottish contract law case, concerning the incorporation of a term through a course of dealings. Facts On 8 October 1960 the MV Lochiel, a ferry operated by David MacBrayne Ltd, struck rocks and sunk between Islay and the mainland resulting in the loss of McCutcheon's car. Usually David MacBrayne Ltd would have asked its customers to sign a risk note which included conditions for accepting goods for carriage that exempted the company from liability for loss of the goods. The claimant's brother-in-law (Mr. McSporran) had made the shipping arrangements, and he did not sign a risk note. McCutcheon had signed a risk note on four occasions in the past and McSporran had also done so on occasion. Both said they knew notes contained conditions but not what the conditions were. David MacBrayne Ltd argued that even though it was not signed, the terms had been incorporated into their contract through a course of dealing. Judgment The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Islay
Islay ( ; , ) is the southernmost island of the Inner Hebrides of Scotland. Known as "The Queen of the Hebrides", it lies in Argyll and Bute just south west of Jura, Scotland, Jura and around north of the Northern Irish coast. The island's capital is Bowmore where the distinctive round Kilarrow Parish Church and a distillery are located. Port Ellen is the main port. Islay is the fifth-largest Scottish island and the eighth-largest List of islands of the British Isles, island of the British Isles, with a total area of almost . There is ample evidence of the prehistoric settlement of Islay and the first written reference may have come in the first century AD. The island had become part of the Gaelic Kingdom of Dál Riata during the Scotland in the Early Middle Ages, Early Middle Ages before being absorbed into the Norse Kingdom of the Isles. The later medieval period marked a "cultural high point" with the transfer of the Hebrides to the Kingdom of Scotland and the emergence of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Harris V Great Western Railway Company
Harris may refer to: Places Canada * Harris, Ontario * Northland Pyrite Mine (also known as Harris Mine) * Harris, Saskatchewan * Rural Municipality of Harris No. 316, Saskatchewan Scotland * Harris, Outer Hebrides (sometimes called the Isle of Harris), part of Lewis and Harris, Outer Hebrides * Harris, Rùm, a place on Rùm, Highland United States * Harris, Indiana * Harris, Iowa * Harris, Kansas * Harris Township, Michigan * Harris, Minnesota * Harris, Missouri * Harris, New York * Harris, North Carolina * Harris, Wisconsin Elsewhere * Harris, Montserrat Other places with "Harris" in the name * Harrisonburg, Louisiana * Harrisonburg, Virginia * Harris County (other) * Harris Lake (other) * Harris Mountain (other) * Harris Township (other) * Harrisburg (other) * Harrison (other) * Harrisville (other) People * Kamala Harris, 49th vice president of the United States from 2021 to 2025, and candidate in the 20 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1964 In Case Law
Events January * January 1 – The Federation of Rhodesia and Nyasaland is dissolved. * January 5 – In the first meeting between leaders of the Roman Catholic and Orthodox churches since the fifteenth century, Pope Paul VI and Patriarch Athenagoras I of Constantinople meet in Jerusalem. * January 6 – A British firm, the Leyland Motors, Leyland Motor Corp., announces the sale of 450 buses to the Cuban government, challenging the United States blockade of Cuba. * January 9 – ''Martyrs' Day (Panama), Martyrs' Day'': Armed clashes between United States troops and Panamanian civilians in the Panama Canal Zone precipitate a major international crisis, resulting in the deaths of 21 Panamanians and 4 U.S. soldiers. * January 11 – United States Surgeon General Luther Terry reports that smoking may be hazardous to one's health (the first such statement from the U.S. government). * January 22 – Kenneth Kaunda is inaugurated as the first Prime Minister of Northern Rhodesi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
House Of Lords Cases
A house is a single-unit residential building. It may range in complexity from a rudimentary hut to a complex structure of wood, masonry, concrete or other material, outfitted with plumbing, electrical, and heating, ventilation, and air conditioning systems.Schoenauer, Norbert (2000). ''6,000 Years of Housing'' (rev. ed.) (New York: W.W. Norton & Company). Houses use a range of different roofing systems to keep precipitation such as rain from getting into the dwelling space. Houses generally have doors or locks to secure the dwelling space and protect its inhabitants and contents from burglars or other trespassers. Most conventional modern houses in Western cultures will contain one or more bedrooms and bathrooms, a kitchen or cooking area, and a living room. A house may have a separate dining room, or the eating area may be integrated into the kitchen or another room. Some large houses in North America have a recreation room. In traditional agriculture-oriented societie ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Contract Case Law
English usually refers to: * English language * English people English may also refer to: Culture, language and peoples * ''English'', an adjective for something of, from, or related to England * ''English'', an Amish term for non-Amish, regardless of ethnicity * English studies, the study of English language and literature Media * ''English'' (2013 film), a Malayalam-language film * ''English'' (novel), a Chinese book by Wang Gang ** ''English'' (2018 film), a Chinese adaptation * ''The English'' (TV series), a 2022 Western-genre miniseries * ''English'' (play), a 2022 play by Sanaz Toossi People and fictional characters * English (surname), a list of people and fictional characters * English Fisher (1928–2011), American boxing coach * English Gardner (born 1992), American track and field sprinter * English McConnell (1882–1928), Irish footballer * Aiden English, a ring name of Matthew Rehwoldt (born 1987), American former professional wrestle ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Henry Kendall Ltd V William Lillico Ltd
''Henry Kendall Ltd v William Lillico Ltd'' 9692 AC 31 is an English contract law case concerning the incorporation of contract terms through a course of dealings. Facts Animal food was sold by merchants to a farmer. It was defective. The merchants brought in suppliers, and they in turn brought in their suppliers, a long chain. (hence also '' Hardwick Game v Suffolk Agricultural Poultry Producers Association''). Purchases three or four times a month had happened for three or so years, and each time, a sold note followed, which said the buyer took responsibility for any latent defects. The buyers had never read the note. Judgment The House of Lords held that a reasonable seller in the circumstances would have had good cause to assume that the buyer agreed to the term, hence rejecting Lord Devlin’s ''McCutcheon'' dicta that previous dealings needed to prove actual knowledge. See also *English contract law English contract law is the body of law that regulates legally bind ... [...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] |
L'Estrange V Graucob
''L'Estrange v F Graucob Ltd'' 9342 KB 394 is a leading English contract law case on the incorporation of terms into a contract by signature. There are exceptions to the rule that a person is bound by his or her signature, including fraud, misrepresentation and '' non est factum''. Lord Denning, as a young barrister, represented the company in this action, but later - for instance, speaking in Parliament in 1977 - made clear that he regarded the decision as wrong. Facts Miss Harriet Mary L'Estrange had a cafe in Great Ormes Road, Llandudno. Two travelling salesmen, Mr Page and Mr Berse, representing Mr Graucob's slot machine business in City Road, London, came to visit her. She was persuaded to purchase a cigarette machine and signed a document entitled 'Sales Agreement', which stated: "Please forward me as soon as possible: One Six Column Junior Ilam Automatic Machine ... which I agree to purchase from you on the terms stated below...." Further along, in small print, an exc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Freeman V Cooke
Freeman, free men, Freeman's or Freemans may refer to: Places United States * Freeman, Georgia, an unincorporated community * Freeman, Illinois, an unincorporated community * Freeman, Indiana, an unincorporated community * Freeman, South Dakota, a city * Freeman, Virginia, an unincorporated community * Freeman, Washington, an unincorporated community * Freeman, Wisconsin, a town * Freeman, Langlade County, Wisconsin, an unincorporated community * Freeman Island, an island in the state of Washington * Freeman Peak, a mountain in Idaho * Freeman Township, Michigan * Freeman Township, Freeborn County, Minnesota Norway * Freeman Strait (Freemansundet), a body of water People and fictional characters * Freeman (surname), includes a list of people and fictional characters * Freeman (given name), includes a list of people and fictional characters * A member of the Third Estate in medieval society (commoners) * Freeman, a member or an apprentice who has been granted freedom ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Negligence
Negligence ( Lat. ''negligentia'') is a failure to exercise appropriate care expected to be exercised in similar circumstances. Within the scope of tort law, negligence pertains to harm caused by the violation of a duty of care through a negligent act or failure to act. The concept of negligence is linked to the obligation of individuals to exercise reasonable care in their actions and to consider foreseeable harm that their conduct might cause to other people or property. The elements of a negligence claim include the duty to act or refrain from action, breach of that duty, actual and proximate cause of harm, and damages. Someone who suffers loss caused by another's negligence may be able to sue for damages to compensate for their harm. Such loss may include physical injury, harm to property, psychiatric illness, or economic loss. Elements of negligence claims To successfully pursue a claim of negligence through a lawsuit, a plaintiff must establish the " elements" of neg ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
James Reid, Baron Reid
James Scott Cumberland Reid, Baron Reid, (30 July 1890 – 29 March 1975) was a Scottish Unionist politician and judge. His reputation is as one of the most outstanding judges of the 20th century. Life He was born on 30 July 1890 in Drem, East Lothian, the son of James Reid, a Solicitor of the Supreme Courts (SSC), and his wife, Kate Scott. Educated at Edinburgh Academy, he then studied law at Jesus College, Cambridge, graduating BA in 1910 and LLB in 1911. He was admitted as an advocate in 1914. He was commissioned into the 8th battalion Royal Scots in World War I and was seconded to the Machine Gun Corps in 1916, serving in Mesopotamia and reaching the rank of Major. He resigned his commission in 1921. He was appointed a King's Counsel in 1932. He was Member of Parliament (MP) for Stirling and Falkirk from October 1931 until his defeat in November 1935, and for Glasgow Hillhead from June 1937 until September 1948. He served as Solicitor General for Scotland ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Good Faith
In human interactions, good faith () is a sincere intention to be fair, open, and honest, regardless of the outcome of the interaction. Some Latin phrases have lost their literal meaning over centuries, but that is not the case with , which is still widely used and interchangeable with its generally accepted modern-day English translation of ''good faith''. It is an important concept within law and business. The opposed concepts are bad faith, (duplicity) and perfidy (pretense). is a Latin phrase meaning "good faith". Its ablative case is , meaning "in good faith", which is often used in English as an adjective to mean "genuine". While may be translated as "faith", it embraces a range of meanings within a core concept of "reliability", in the sense of a trust between two parties for the potentiality of a relationship. For the ancient Romans, ''bona fides'' was to be assumed by both sides, with implied responsibilities and both legal and religious consequences if bro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
