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The Satanita
''The Satanita'' [1897] AC 59 is an English contract law case, decided in the Court of Appeal (England and Wales), Court of Appeal, which concerned the formation of a contract. It is notable because it stands as an example of a case which does not fit the typical pattern of offer and acceptance that English law purports to require to find agreement. Facts Windham Wyndham-Quin, 4th Earl of Dunraven and Mount-Earl, Lord Dunraven, owner of the ''Valkyrie II'', and A.D. Clarke, owner of the American vessel ''Satanita'', each entered their yachts in a race in the Firth of Clyde organised by the Mudhook Yacht Club. Each agreed to the rules, one of which was that rule breakers were liable for all Consequential damages, consequential damage, displacing the statutory position that a defendant's liability is limited. On 5 July 1894, the ''Satanita'' collided with Lord Dunraven's yacht, injuring a crewmember ("The unfortunate man was a seaman named Brown, one of whose legs was broken") and c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Functions Of The House Of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, for many centuries it had a judicial function. It functioned as a court of first instance for the trials of peers and for Impeachment in the United Kingdom, impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England. Appeals were technically not to the House of Lords, but rather to the King-in-Parliament. In Appellate Jurisdiction Act 1876, 1876, the Appellate Jurisdiction Act devolved the appellate functions of the House to an Appellate Committee, composed of Lord of Appeal in Ordinary, Lords of Appeal in Ordinary (informally referred to as Law Lords). They were then appointed by the Lord Chancellor in the same manner as other judges. During the 20th and early 21st century, the judicial functions were gradually removed. Its final trial of a peer was in 1935, and the use of special courts for ... [...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] |
Court Of Appeal (England And Wales)
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lady Chief Justice and the Master of the Rolls respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court, High Court of Justice and Family Court. Permission to appeal is normally required from either the lower court or the Court of Appeal itself; and with permission, further appeal may lie to the Supreme Court. Its decisions are binding on all courts, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Offer And Acceptance
Offer and acceptance are generally recognized as essential requirements for the formation of a contract (together with other requirements such as consideration and legal Capacity (law), capacity). Analysis of their operation is a traditional approach in contract law. This classical approach to contract formation has been modified by developments in the law of estoppel, misleading conduct, misrepresentation, unjust enrichment, and power of acceptance. Offer Guenter Treitel, Treitel defines an offer as "an expression of willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed", the "offeree". An offer is a statement of the terms on which the offeror is willing to be bound. The expression of an offer may take different forms, and which form is acceptable varies by jurisdiction. Offers may be presented in a letter, newspaper advertisement, fax, email verbally or even conduct, as long ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Windham Wyndham-Quin, 4th Earl Of Dunraven And Mount-Earl
Windham Thomas Wyndham-Quin, 4th Earl of Dunraven and Mount-Earl, (12 February 1841 – 14 June 1926), styled Viscount Adare between 1850 and 1871, was an Anglo-Irish journalist, landowner, soldier, sportsman and Conservative politician. He served as Under-Secretary of State for the Colonies under Lord Salisbury from 1885 to 1886 and 1886 to 1887. He also successfully presided over the 1902 Land Conference and was the founder of the Irish Reform Association. He recruited two regiments of sharpshooters, leading them in the Boer War and later establishing a unit in Ireland. He held the office of a Senator of the Irish Free State from 1922 to 1926. A big game hunter, in 1874 Dunraven claimed 15,000 acres in Estes Park, Colorado, United States, determined to make the area a game park. He built a tourist hotel there but sold the land in the early 20th century, as he was under continuous pressure from settlers trying to encroach on his holdings. Early years Lord Dunraven was born a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Valkyrie II
''Valkyrie II'', officially named ''Valkyrie'', was a British racing yacht that was the unsuccessful challenger of the 1893 America's Cup race against American defender ''Vigilant''. Design ''Valkyrie II'' was a gaff-rigged cutter. She was designed by George Lennox Watson and built alongside '' HMY ''Britannia'''' at the D&W Henderson shipyard, Meadowside, Partick on the River Clyde, Scotland in 1893 for owner Lord Dunraven of the Royal Yacht Squadron. ''Valkyrie II'' had a steel frame, a wooden hull, and a pine deck. Career ''Valkyrie II'' was launched on April 29, 1893, a week after ''Britannia'', and sailed to the U.S. that October to compete in the eighth America's Cup where she faced ''Vigilant'' in a best three out of five races format sailed on alternating courses. The races were sailed October 7, 9, and 13, 1893 off Sandy Hook, NJ just south of New York. The first and third races were 15 miles to windward off Scotland Lightship and return to leeward, the second r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Firth Of Clyde
The Firth of Clyde, is the estuary of the River Clyde, on the west coast of Scotland. The Firth has some of the deepest coastal waters of the British Isles. The Firth is sheltered from the Atlantic Ocean by the Kintyre, Kintyre Peninsula. The Firth lies between West Dunbartonshire in the north, Argyll and Bute in the west and Inverclyde, North Ayrshire and South Ayrshire in the east. The Kilbrannan Sound is a large arm of the Firth, separating the Kintyre Peninsula from the Isle of Arran. The Kyles of Bute separates the Isle of Bute from the Cowal, Cowal Peninsula. The Sound of Bute separates the islands of Bute and Arran. The Highland Boundary Fault crosses the Firth. The Firth also played a vital military role during World War II. The Firth is sometimes called the Clyde Waters or Clyde Sea, and is customarily considered to be part of the Irish Sea. Geography At the north of the Firth, Loch Long and the Gare Loch join the Firth; these lochs are separated by the Rosneat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Consequential Damages
Consequential damages, otherwise known as special damages, are damages that can be proven to have occurred because of the failure of one party to meet a contractual obligation, a breach of contract. From a legal standpoint, an enforceable contract is present when it is: expressed by a valid offer and acceptance, has adequate consideration, mutual assent, capacity, and legality. Consequential damages go beyond the contract itself and into the actions that arise from the failure to fulfill. The type of claim giving rise to the damages, such as whether it is a breach of contract action or tort claim, can affect the rules or calculations associated with a given type of damages. For example, consequential damages are a potential type of expectation damages that arise in contract law. When a contract is breached, the recognized remedy for an owner is recovery of damages that result directly from the breach (also known as "compensatory damages"). Damages may include the cost to repa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Esher MR
William Baliol Brett, 1st Viscount Esher, PC (13 August 181524 May 1899), known as Sir William Brett between 1868 and 1883, was a British lawyer, judge, and Conservative politician. He was briefly Solicitor-General under Benjamin Disraeli and then served as a justice of the Court of Common Pleas between 1868 and 1876, as a Lord Justice of Appeal between 1876 and 1883 and as Master of the Rolls. He was raised to the peerage as Baron Esher in 1885 and further honoured when he was made Viscount Esher on his retirement in 1897. Background and education Brett was a son of the Reverend Joseph George Brett, of Chelsea, London, by Dorothy, daughter of George Best, of Chilston Park, Boughton Malherbe, Kent. He was educated at Westminster School, King's College London and at Gonville and Caius College, Cambridge. Brett rowed for Cambridge University Boat Club against Leander Club in 1837 and 1838, then in the victorious Cambridge crew against Oxford University in the 1839 Boat Race. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lopes LJ
Henry Charles Lopes, 1st Baron Ludlow, (3 October 1828 – 25 December 1899) was a British judge and Conservative Party politician. Background and education Ludlow was a younger son of Sir Ralph Lopes, 2nd Baronet, and the uncle of Henry Lopes, 1st Baron Roborough. He was educated at Winchester and Balliol College, Oxford, and was called to the Bar, Inner Temple, in 1852. Political and legal career Ludlow sat as Member of Parliament for Launceston from 1868 to 1874 and for Frome from 1874 to 1876. He was also a Recorder of Exeter from 1867 to 1876 and became a Queen's Counsel in 1868. In 1876, he was appointed a Justice of the Common Pleas Division of the High Court of Justice, a post he held until 1880, and then served as a Lord Justice of Appeal from 1885 to 1897. Lopes was knighted in 1876 and sworn of the Privy Council in 1885. In 1897, he was raised to the peerage as Baron Ludlow, of Heywood in the County of Wiltshire. Judgments *'' Learoyd v Whiteley'' 887UKHL 1, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rigby LJ
Sir John Rigby, PC (8 January 1834 – 26 July 1903), was a British judge and Liberal politician who sat in the House of Commons between 1885 and 1894. Background and education Rigby was born in Runcorn, Cheshire, the son of Thomas Rigby of Halton, Cheshire, and his wife Elizabeth Kendal. He attended Liverpool College before going to Trinity College, Cambridge in 1853. He graduated as Second Wrangler in 1856, also being placed second for the Smith's Prize. He became a fellow of Trinity in 1856 and was called to the Bar at Lincoln's Inn in 1860. Legal career The story of how Rigby came to the Bar may be found on pg. 120 of the 1958 memoir “B-berry and I Look Back”, by Dornford Yates. In 1875 Rigby was appointed junior counsel to the Treasury. In 1881 he "took silk", becoming a Queen's Counsel. He distinguished himself as an advocate, and was frequently involved in bringing appeals to the judicial committee of the House of Lords. Rigby was twice briefly a Liberal Party M ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Yacht Racing Association
The Royal Yachting Association (RYA) is a United Kingdom national governing body for sailing, dinghy sailing, yacht and motor cruising, sail racing, RIBs and sportsboats, windsurfing and personal watercraft and a leading representative for inland waterways cruising. History The ''Yacht Racing Association'' was founded in November 1875. Its initial purpose was to standardize the rules of measurement to different racing yachts so that boats of different classes could compete fairly against each other. Membership at the time cost two guineas and was available to "former and present owners of racing yachts of and above 10 tons Thames measurement and such other gentlemen as the committee may elect". In 1921 the YRA incorporated the independent Sailing Boat Association and the Boat Racing Association into its body. In 1952 the YRA became the Royal Yachting Association (RYA). The RYA remains constituted as a membership association, with a Council of elected volunteers as its sup ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
