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Central London Property Trust Ltd v High Trees House Ltd [1947] KB 130 is a famous English contract law decision in the High Court. It reaffirmed and extended the doctrine of promissory estoppel in contract law in England and Wales. However, the most significant part of the judgment is obiter dicta as it relates to hypothetical facts; that is, the landlord did not seek repayment of the full wartime rent.
Restitution and unjust enrichment is the field of law relating to gains-based recovery. In contrast with damages, restitution is a claim or remedy requiring a defendant to give up benefits wrongfully obtained. Liability for restitution is primarily governed by the "principle of unjust enrichment": A person who has been unjustly enriched at the expense of another is required to make restitution.
William Baliol Brett, 1st Viscount Esher, PC, 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.
Consideration is an English common law concept within the law of contract, and is a necessity for simple contracts. The concept of consideration has been adopted by other common law jurisdictions, including the US.
Foakes v Beer[1884] UKHL 1 is an English contract law case, which applied the controversial pre-existing duty rule in the context of part payments of debts. It is a leading case from the House of Lords on the legal concept of consideration. It established the rule that prevents parties from discharging an obligation by part performance, affirming Pinnel's Case (1602) 5 Co Rep 117a. In that case it was said that "payment of a lesser sum on the day [i.e., on or after the due date of a money debt] cannot be any satisfaction of the whole."
William Watson, Baron Watson, was a Scottish lawyer and Conservative Party politician. He was Lord Advocate, the most senior Law Officer in Scotland, from 1876 to 1880, and was then appointed a Lord of Appeal in Ordinary.
Pinnel's Case [1602] 5 Co. Rep. 117a, also known as Penny v Cole, is an important case in English contract law, on the doctrine of part performance. In it, Sir Edward Coke opined that a part payment of a debt could not extinguish the obligation to pay the whole.
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Sir Edward Fry, was an English Lord Justice of Appeal (1883–1892) and an arbitrator on the Permanent Court of Arbitration.
Charles Christopher James Mitchell KC (Hon) is a British legal scholar acknowledged as one of the leading common-law experts on the English law of restitution of unjust enrichment and the law of trusts. He is the author of two leading textbooks and one practitioner's book. He is currently Professor of Law at University College London and Senior Associate Research Fellow at the Institute of Advanced Legal Studies.
The English law of unjust enrichment is part of the English law of obligations, along with the law of contract, tort, and trusts. The law of unjust enrichment deals with circumstances in which one person is required to make restitution of a benefit acquired at the expense of another in circumstances which are unjust.
The English law of Restitution is the law of gain-based recovery. Its precise scope and underlying principles remain a matter of significant academic and judicial controversy. Broadly speaking, the law of restitution concerns actions in which one person claims an entitlement in respect of a gain acquired by another, rather than compensation for a loss.
Collier v P & MJ Wright (Holdings) Ltd[2007] EWCA Civ 1329 is an English contract law case, concerning the doctrine of consideration and promissory estoppel in relation to "alteration promises".
In re Selectmove Ltd[1993] EWCA Civ 8 is an English contract law case, concerning the doctrine of consideration, and part payments of debt.
HBF Dalgety Ltd v Morton [1987] 1 NZLR 411 is a leading case in New Zealand regarding accord and satisfaction; it reinforces the English case of Foakes v Beer in New Zealand.
Landmark Cases in Equity (2012) is a book edited by Charles Mitchell and Paul Mitchell, which outlines the key cases in English trusts law and equity.
Landmark Cases in the Law of Tort (2010) is a book edited by Charles Mitchell and Paul Mitchell, which outlines the key cases in English tort law.
Landmark Cases in the Law of Restitution (2006) is a book edited by Charles Mitchell and Paul Mitchell, which outlines the key cases in English unjust enrichment law and restitution.
Landmark Cases in Family Law (2011) is a book of chapters contributed by various authors, which outlines the key cases in English family law.
Landmark cases may refer to:
References
- ↑ Foakes v Beer [1884] UKHL 1 , 9 App Cas 605, (1883-84) LR 9 App Cas 605, (1884) 9 App Cas 605(16 May 1884)
- ↑ Goh, Yihan (2009). "Reviewed work: Landmark Cases in the Law of Contract, Charles Mitchell, Paul Mitchell". Singapore Journal of Legal Studies: 296–300. JSTOR 24870296.
- ↑ Campbell, David (2009). "Book Review" . The Journal of Legal History. 30: 107–110. doi:10.1080/01440360902774789. S2CID 219627643.
- ↑ Descheemaeker, E. (2015). "Review of Charles Mitchell and Paul Mitchell (Eds.), Landmark Cases in the Law of Restitution (Oxford, 2006), Landmark Cases in the Law of Contract (Oxford, 2008), Landmark Cases in the Law of Tort (Oxford, 2010), and Landmark Cases in Equity (Oxford, 2012)". Revue Trimestrielle de Droit Civil. 114.
- ↑ "Landmark Cases in the Law of Contract".