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Thornton V Shoe Lane Parking Ltd
is a leading English contract law case. It provides a good example of the rule that a clause cannot be incorporated after a contract has been concluded, without reasonable notice before. Also, it was held that an automatic ticket machine was an offer, rather than an invitation to treat, that the insertion of money was an acceptance, therefore, specifically, any (additional) conditions on the ticket were post-acceptance and invalid. Although the case is important for these two propositions, today any exclusion of negligence liability for personal injury by businesses is prohibited by the Unfair Contract Terms Act 1977 s 2(1) and the Unfair Terms in Consumer Contracts Regulations 1999 Sch 2, para(a). Facts Francis Thornton, "a free lance trumpeter of the highest quality", drove to the entrance of the multi-storey car park on Shoe Lane, before attending a performance at Farringdon Hall with the BBC. He took a ticket from the ticket machine and parked his car. It said "This tic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Denning MR
Alfred Thompson Denning, Baron Denning, (23 January 1899 – 5 March 1999), was an English barrister and judge. He was called to the Bar of England and Wales in 1923 and became a King's Counsel in 1938. Denning became a judge in 1944 when he was appointed to the Probate, Divorce and Admiralty Division of the High Court of Justice, and transferred to the King's Bench Division in 1945. He was made a Lord Justice of Appeal in 1948 after less than five years in the High Court. He became a Lord of Appeal in Ordinary in 1957 and after five years in the House of Lords returned to the Court of Appeal as Master of the Rolls in 1962, a position he held for twenty years. In retirement he wrote several books and continued to offer opinions on the state of the common law through his writing and his position in the House of Lords. Margaret Thatcher said that Denning was "probably the greatest English judge of modern times". One of Lord Denning's successors as Master of the Rolls, Lord Bing ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Thompson V London, Midland And Scottish Railway Co
''Thompson v London, Midland and Scottish Railway Co Ltd'' 9301 KB 41 is an English contract law case, concerning the exclusion of liability. It was described by Lord Denning MR in ''George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd'' as part of "a bleak winter for our law of contract."982EWCA Civ 5 Although the same decision would not be reached today because of the application of the Unfair Contract Terms Act 1977, English courts continue to assess on an objective basis whether reasonable notice has been given of terms and conditions so as to incorporate them in the contract. Facts Mrs Thompson slipped on a ramp while disembarking a train operated by London, Midland and Scottish Railway at 10pm, from Manchester to Darwen, and was injured. The train had pulled up just past the platform, and so the ramp she stepped out on was slippery. A special jury found the railway to have been negligent, and so Mrs Thompson sought damages for personal injury. She had been given an excu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Denning Cases
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 judg ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
George Mitchell V Finney Lock Seeds Ltd
''George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd'' is a case concerning the sale of goods and exclusion clauses. It was decided under the Unfair Contract Terms Act 1977 and the Sale of Goods Act 1979. Facts Finney Lock Seeds Ltd agreed to supply George Mitchell (Chesterhall) Ltd with 30 lb of Dutch winter cabbage seed for £201.60. An invoice sent with the delivery was considered part of the contract and limited liability to replacing 'any seeds or plants sold' if defective (clause 1) and excluding all liability for loss or damage or consequential loss or damage from use of the seed (clause 2). of crops failed, and £61,513 was claimed for loss of production. The two main issues in the case were whether the limitation clause should be interpreted to cover the seeds actually sold, given that the seeds were wholly defective and so did not do a seed's job at all and whether, under the Unfair Contract Terms Act 1977, s 2(2) the limitation was reasonable (s 11). Judgmen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Interfoto Picture Library Ltd V Stiletto Visual Programmes Ltd
''Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd'' 987EWCA Civ 6is an English contract law case on onerous clauses and the rule of common law that reasonable notice of them must be given to a contracting party in order that they be effective. It also addressed, but did not decide, the position of onerous clauses as disguised penalties (which are ineffective under common law). Facts Interfoto delivered 47 photographic transparencies to Stiletto in a jiffy bag. Stiletto was planning to use them for a presentation, but in the event it did not. It never opened the transparency bag or read Interfoto's standard terms and conditions, which were inside the bag. Condition 2 said there was a holding fee of £5 per transparency for each day over fourteen days. After around a month, Interfoto sent a bill for £3,783.50. Judgment The Court of Appeal held that the holding fee was ineffective. Dillon LJ said that a "particularly onerous or unusual" term must have special not ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Olley V Marlborough Court Hotel
''Olley v Marlborough Court Hotel'[1949] 1 KB 532is an English contract law case on exclusion clauses in contract law. The case stood for the proposition that a representation made by one party cannot become a term of a contract if made after the agreement was made. The representation can only be binding where it was made at the time the contract was formed. Facts Mrs Olley was a long-staying resident of the Marlborough Court Hotel, Lancaster Gate, London. As usual she left her room key on a rack behind the reception one day, but when she came back it was gone. Inside her room, her fur coat had been stolen. A witness called Colonel Crerer, who was sitting in the lounge, saw a person go in and come out again with a parcel fifteen minutes later. The porter had apparently been cleaning a bust of the Duke of Marlborough and failed to notice. Mrs Olley asked to be repaid for the cost of the coat. The hotel pointed to an exclusion clause on a notice behind a door in the bedro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chapelton V Barry UDC
''Chapelton v Barry Urban District Council'' 9401 KB 532, the "deckchair case", is an English contract law case on offer and acceptance and exclusion clauses. It stands for the proposition that a display of goods can be an offer and a whole offer, rather than an invitation to treat An invitation to treat (or invitation to bargain in the United States) is a concept within contract law which comes from the Latin phrase ''invitatio ad offerendum'', meaning "inviting an offer". According to Professor Andrew Burrows, an invita ..., and serves as an example for how onerous exclusion clauses can be deemed to not be incorporated in a contract. Facts David Chapelton went to a beach with his friend, Miss Andrews, at Cold Knap, a district of Barry in south Wales. There was a pile of deckchairs. A notice next to them said, It also said tickets should be obtained from attendants. Mr Chapelton took two chairs from an attendant, paid the money and received two tickets. He put them i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parker V South Eastern Railway Company
''Parker v South Eastern Railway'' [1877] 2 CPD 416 is a famous England, English contract law case on exclusion clauses where the court held that an individual cannot escape a contractual term by failing to read the contract but that a party wanting to rely on an exclusion clause must take reasonable steps to bring it to the attention of the customer. Facts Mr Parker left a bag in the cloakroom of Charing Cross railway station, run by the South Eastern Railway (England), South Eastern Railway Company. On depositing his bag and paying two pence he received a ticket. On the front it said "see back". On its back, it stated that the railway was excluded from liability for items worth £10 or more. Mr Parker failed to read the clause as he thought the ticket was only a receipt of payment. However, he admitted that he knew the ticket contained writing. Mr Parker's bag, which was worth more than £10, was lost. He sued the company. The question of law put to the court was whether the cla ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Megaw
Sir John Megaw, (16 September 1909 – 27 December 1997) was a British judge who eventually rose to Lord Justice of Appeal and Irish international rugby union player. Early life and career Born in Dublin, Megaw was the son of Irish (later Northern Irish) politician and judge Robert Megaw and the brother of the crystallographer Helen Megaw. After the creation of the Irish Free State, his father, a strong Protestant, relocated the family to Belfast. He was educated at the Royal Academical Institution in Belfast, before being elected to an open scholarship in Classics at St John's College, Cambridge. After gaining a first in Part I of the classical tripos, he switched to Law, gaining a first in Part II of the law tripos and in the LLB (which, at the time was a postgraduate law degree). He then attended Harvard Law School on a Choate fellowship. He also played rugby union internationally for Ireland, delaying his call to the bar for a term to take part in a match. Megaw was c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Reports
A or is a compilation of judicial opinions from a selection of case law decided by courts. These reports serve as published records of judicial decisions that are cited by lawyers and judges for their use as precedent in subsequent cases. Historically, the term "reporter" was used to refer to the individuals responsible for compiling, editing, and publishing these opinions. For example, the Reporter of Decisions of the Supreme Court of the United States is the person authorized to publish the Court's cases in the bound volumes of the ''United States Reports''. Today, in American English, "reporter" also refers to the books themselves. In Commonwealth English, these are described by the plural term "law reports", the title that usually appears on the covers of the periodical parts and the individual volumes. In common law jurisdictions, such as the United States, the doctrine of '' stare decisis'' ("to stand by things decided") requires courts to follow precedent by applying ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Marble Arch
The Marble Arch is a 19th-century white marble-faced triumphal arch in London, England. The structure was designed by John Nash in 1827 as the state entrance to the cour d'honneur of Buckingham Palace; it stood near the site of what is today the three-bayed, central projection of the palace containing the well-known balcony. In 1851, on the initiative of architect and urban planner Decimus Burton, a one-time pupil of John Nash, the arch was relocated to its current site, near the northeast corner of Hyde Park, so that expansion of Buckingham Palace could proceed. The arch gives its name to the area surrounding it, particularly the southern portion of Edgware Road and also to the underground station. The arch is not part of the Royal Parks and is maintained by Westminster City Council. Design and construction Nash's three-arch design is based on that of the Arch of Constantine in Rome and the Arc de Triomphe du Carrousel in Paris. The triumphal arch is faced with Carrara ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
J Spurling Ltd V Bradshaw
is an English contract law and English property law case on exclusion clauses and bailment. It is best known for Denning LJ's "red hand rule" comment, where he said, Facts J Spurling Ltd had a warehouse in East London. Mr Andrew Bradshaw had seven barrels of orange juice. He asked Spurling Ltd to store them. In the contract was the "London lighterage clause" which exempted warehousemen from liability due to their negligence. When the barrels were collected, they were damaged. When Bradshaw refused to pay Spurling Ltd, the company sued for the cost. Bradshaw counterclaimed for damages for breach of an implied term of a contract of bailment to take reasonable care. Judgment Denning LJ, Morris LJ and Parker LJ held that although the warehouse employees were negligent, the clause effectively exempted them. Denning LJ's judgment went as follows. Note that his reference to the concept of a fundamental breach precluding an exclusion of liability was rejected by the House of Lords ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
