Search results
Results From The WOW.Com Content Network
In Manifest Shipping Co Ltd v Uni-Polaris Shipping Co Ltd [1] John Hobhouse, Baron Hobhouse of Woodborough said, . As Lord Mustill points out, Lord Mansfield was at the time attempting to introduce into English commercial law a general principle of good faith, an attempt which was ultimately unsuccessful and only survived for limited classes of transactions, one of which was insurance.
The principles underlying this rule were stated by Lord Mansfield in the leading and often-quoted case of Carter v Boehm (1766) 97 ER 1162, 1164, Insurance is a contract of speculation...
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 European principle was based on the assumption of good faith on the part of the merchants, or uberrima fides, something completely lacking in English law. [47] In Carter v Boehm (1746) 3 Burr 1905, 96 ER 342, Mansfield got a chance to reform the law relating to the
Over the late 17th and 18th centuries Sir John Holt, [19] and then Lord Mansfield actively incorporated the principles of international trade law and custom into English common law as they saw it: principles of commercial certainty, good faith, [20] fair dealing, and the enforceability of seriously intended promises. [21]
The law of misrepresentation is an amalgam of contract and tort; and its sources are common law, equity and statute. In England and Wales, the common law was amended by the Misrepresentation Act 1967. The general principle of misrepresentation has been adopted by the United States and other former British colonies, e.g. India.
The law is heralded as a significant driver in producing a robust and successful women’s athletic movement in the United States and on the world stage at the Olympics.
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.