Search results
Results from the WOW.Com Content Network
J Spurling Ltd v Bradshaw [1956] EWCA Civ 3 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, I quite agree that the more unreasonable a clause is, the greater the notice which must be given of it.
Sub-bailment, duty of care, theft Morris v CW Martin & Sons Ltd [1966] 1 QB 716 is an English tort law case, establishing that sub-bailees are liable for the theft or negligence of their staff. Both Lord Denning and Diplock LJ rejected the idea that a contract need exist for a relationship of bailor and bailee to be found.
Bailment is distinguished from a contract of sale or a gift of property, as it only involves the transfer of possession and not its ownership.To create a bailment, the bailee must both intend to possess, and actually physically possess, the bailable chattel for example a car mechanic business when a car has been dropped off for repair.
Bailment, negligence, strict liability, common carrier Coggs v Bernard (1703) 2 Ld Raym 909 (also Coggs v Barnard ) is a landmark case both for English property law and contract law , decided by Sir John Holt , Chief Justice of the King's Bench .
A contract of carriage is a contract between a carrier of cargo or passengers and the consignor, consignee or passenger. [1] [2] Contracts of carriage define the rights, duties and liabilities of parties to the contract, addressing topics such as acts of God and including clauses such as force majeure (removing liability for extraordinary occurrences beyond control of the parties).
A pledge is a bailment that conveys title to property owned by a debtor (the pledgor) to a creditor (the pledgee) to secure repayment for some debt or obligation and to the mutual benefit of both parties. [1] [2] The term is also used to denote the property which constitutes the security. [3] The pledge is a type of security interest.
Within a contract, an exculpatory clause is a statement that aims to prevent one party from holding the other party liable for damages. [1] An exculpatory clause is generally only enforceable if it does not conflict with existing public policy. [2]
Voidable contract 2(i): An agreement is a voidable contract if it is enforceable by Law at the option of one or more of the parties there to (i.e. the aggrieved party), and it is not enforceable by Law at the option of the other or others. 11. Void contract 2(j): A contract becomes void when it ceases to be enforceable by law.