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Da Costa v Jones (1778) 2 Cowp 729; HIH Casualty and General Insurance Ltd v Chase Manhattan Bank Rix LJ stated, "I am conscious that in Carter v. Boehm itself Lord Mansfield does seem to have considered that there was a difference between the concealment which the duty of good faith prohibited and mere silence (‘Aliud est celare; aliud ...
Uberrima fides (sometimes seen in its genitive form uberrimae fidei) is a Latin phrase meaning "utmost good faith" (literally, "most abundant faith").It is the name of a legal doctrine which governs insurance contracts.
Carter v Boehm (1766) on good faith; Da Costa v Jones (1778) Hochster v De La Tour (1853) on anticipatory breach; Smith v Hughes (1871) on unilateral mistake and the objective approach to interpretation of contracts; Foakes v Beer [1] (1884) on part payments of debt (with a notable dissenting opinion by Lord Blackburn)
The concept of good faith was established in the insurance industry following the events of Carter v Boehm (1766), and is enshrined in the Insurance Contracts Act 1984 (ICA). [26] The act stipulates, in Section 13, obligations of all parties within a contract to act with utmost good faith.
Mansfield spent much time bringing the law of England on par with that of other countries, particularly in cases such as Pillans & Rose v Van Mierop & Hopkins [1765] 3 Burr 1663, and Carter v Boehm [1766] 3 Burr 1905. [98] As a result of his work, he was described by a later judge as "the founder of the commercial law of this country". [56] [66]
Jimmy Carter passed away on Dec. 29 in Plains, Ga., the Carter Center said.
Legal formalism is both a descriptive and normative theory of how judges should decide cases. [1] In its descriptive sense, formalists maintain that judges reach their decisions by applying uncontroversial principles to the facts; formalists believe that there is an underlying logic to the many legal principles that may be applied in different cases.
Amy Carter, the youngest child and only daughter of Jimmy Carter and his late wife, Rosalynn, spoke on her father's behalf during the former first lady's tribute service on Nov. 28, where she read ...