See also
Termination cases | |
|---|---|
Boone v Eyre (1777) 1 H Bl 273 | |
The Alaskan Trader [1984] 1 All ER 129 | |
Rice v Great Yarmouth BC (2001) 3 LGLR 4 | |
| Boone v Eyre | |
|---|---|
| Citation(s) | (1777) 1 H Bl 273 |
| Keywords | |
| Slavery, forced labour, contract | |
Boone v Eyre (1777) 1 H Bl 273 is an English contract law case concerned with substantial performance and conditions precedent. [1] [2]
The plaintiff sued the defendant for not paying a £160 annuity (for life) for a plantation in the West Indies that came with a group of slaves, after an initial payment of £500. The defendant contended that when the plaintiff made the deed, the plaintiff did not lawfully possess the slaves, and therefore had no good title. Therefore, the defendant was arguing he had the right to terminate the agreement and cease performance.
Lord Mansfield said the following:
The distinction is very clear. Where mutual covenants go to the whole of the consideration on both sides they are mutual conditions, the one precedent to the other. But where they go only to a part, where a breach may be paid for in damages, there the defendant has a remedy on his covenant and shall not plead it as a condition precedent. If this plea were to be allowed, any one negro not being the property of the plaintiff would bar the action.
Termination cases | |
|---|---|
Boone v Eyre (1777) 1 H Bl 273 | |
The Alaskan Trader [1984] 1 All ER 129 | |
Rice v Great Yarmouth BC (2001) 3 LGLR 4 | |
Robert Joseph Pothier was a French jurist.
Carlill v Carbolic Smoke Ball Company [1892] EWCA Civ 1 is an English contract law decision by the Court of Appeal, which held an advertisement containing certain terms to get a reward constituted a binding unilateral offer that could be accepted by anyone who performed its terms. It is notable for its curious subject matter and how the influential judges developed the law in inventive ways. Carlill is frequently discussed as an introductory contract case, and may often be the first legal case a law student studies in the law of contract.
Assumpsit, or more fully, action in assumpsit, was a form of action at common law used to enforce what are now called obligations arising in tort and contract; and in some common law jurisdictions, unjust enrichment. The origins of the action can be traced to the 14th century, when litigants seeking justice in the royal courts turned from the writs of covenant and debt to the trespass on the case.
Raffles v Wichelhaus [1864] EWHC Exch J19, often called "The Peerless" case, is a leading case on mutual mistake in English contract law. The case established that where there is latent ambiguity as to an essential element of the contract, the Court will attempt to find a reasonable interpretation from the context of the agreement before it will void it.
Forum non conveniens (FNC) is a mostly common law legal doctrine through which a court acknowledges that another forum or court where the case might have been brought is a more appropriate venue for a legal case, and transfers the case to such a forum. A change of venue might be ordered, for example, to transfer a case to a jurisdiction within which an accident or incident underlying the litigation occurred and where all the witnesses reside.
Economic torts, which are also called business torts, are torts that provide the common law rules on liability which arise out of business transactions such as interference with economic or business relationships and are likely to involve pure economic loss.
Geoffrey Chevalier Cheshire, was a British barrister, scholar, and influential writer on law. He was the father of Leonard Cheshire, the British war hero and founder of the Cheshire Foundation Homes for the Sick.
Loss of chance in English law refers to a particular problem of causation, which arises in tort and contract. The law is invited to assess hypothetical outcomes, either affecting the claimant or a third party, where the defendant's breach of contract or of the duty of care for the purposes of negligence deprived the claimant of the opportunity to obtain a benefit and/or avoid a loss. For these purposes, the remedy of damages is normally intended to compensate for the claimant's loss of expectation. The general rule is that while a loss of chance is compensable when the chance was something promised on a contract it is not generally so in the law of tort, where most cases thus far have been concerned with medical negligence in the public health system.
Paradine v Jane [1647] EWHC KB J5 is an English contract law case which established absolute liability for contractual debts.
Peevyhouse v. Garland Coal & Mining Co., 382 P.2d 109, is a US contract law case decided by the Supreme Court of Oklahoma. It concerns the question of when specific performance of a contractual obligation will be granted and the measure of expectation damages.
Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1962] 2 QB 26 [1961] EWCA Civ 7 is a landmark English contract law case. It introduced the concept of innominate terms, a category between "warranties" and "conditions".
Cutter v Powell (1795) 101 ER 573 is an English contract law case, concerning substantial performance of a contract.
Intention to create legal relations', otherwise an "intention to be legally bound", is a doctrine used in contract law, particularly English contract law and related common law jurisdictions.
Incorporation of terms in English law is the inclusion of terms in contracts formed under English law in such a way that the courts recognise them as valid. For a term to be considered incorporated it must fulfil three requirements. Firstly, notice of the terms should be given before or during the agreement of the contract. Secondly, the terms must be found in a document intended to be contractual. Thirdly, "reasonable steps" must be taken by the party who forms the term to bring it to the attention of the other party. The rules on incorporating terms in English law are almost all at a common law level.
Capacity in English law refers to the ability of a contracting party to enter into legally binding relations. If a party does not have the capacity to do so, then subsequent contracts may be invalid; however, in the interests of certainty, there is a prima facie presumption that both parties hold the capacity to contract. Those who contract without a full knowledge of the relevant subject matter, or those who are illiterate or unfamiliar with the English language, will not often be released from their bargains.
Bettini v Gye (1876) 1 QBD 183 is an English contract law case, concerning the right to terminate performance of a contract.
Wrotham Park Estate Co Ltd v Parkside Homes Ltd [1974] 1 WLR 798 is an English land law and English contract law case, concerning the measure and availability of damages for breach of negative covenant in circumstances where the court has confirmed a covenant is legally enforceable and refused as it may find, as unconscionable, to issue an order for specific performance or an injunction.
Cecil Herbert Stuart Fifoot, FBA was a British legal scholar. A fellow of Hertford College, Oxford from 1924 to 1959, he was known for his works on English legal history and for his textbook on English contract law, commonly known as Cheshire and Fifoot's Law of Contract, now in its seventeenth edition.
Kingston v Preston (1773) 2 Doug KB 689 is an English contract law case, concerning the right to withhold performance for a contract.
Power of acceptance is a concept of contract law. It refers to the power vested in the offeree by the offeror through the offer being made. It is used to determine whether the acceptance of an offer is valid.
