Contract, Tort and Restitution Statutes 2012-2013

James Devenney, Howard Johnson

• Publisher: Routledge
• Year: 2012
• ISBN:
  9781135876036
• Edition: 4
• Topic: Law
• Subtopic: Law Theory & Practice
• Index: Law

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Statutes

STATUTE OF FRAUDS 1677

(c.3)

IV NO ACTION AGAINST EXECUTORS, &C. UPON A SPECIAL PROMISE, OR UPON ANY AGREEMENT, OR CONTRACT FOR SALE OF LANDS, &C. UNLESS AGREEMENT, &C. BE IN WRITING AND SIGNED

No Action shall be brought… whereby to charge the Defendant upon any special promise to answer for the debt default or miscarriages of another person… unless the Agreement upon which such Action shall be brought or some Memorandum or Note thereof shall be in Writing and signed by the partie to be charged therewith or some other person thereunto by him lawfully authorized.

As amended by Law of Property Act 1925, sch. 7; Law Reform (Enforcement of Contracts) Act 1954, s. 1.

FIRES PREVENTION (METROPOLIS) ACT 1774

(c.78)

86 NO ACTION SHALL LIE AGAINST A PERSON WHERE THE FIRE ACCIDENTALLY BEGINS

No action to lie against a person where the fire accidentally begins.

And no action, suit or process whatever shall be had, maintained or prosecuted against any person in whose house, chamber, stable, barn or other building, or on whose estate any fire shall,… accidentally begin, nor shall any recompence be made by such person for any damage suffered thereby, any law, usage or custom to the contrary notwithstanding;… provided that no contract or agreement made between landlord and tenant shall be hereby defeated or made void.

LIBEL ACT 1843

(c.96)

1 OFFER OF AN APOLOGY ADMISSIBLE IN EVIDENCE IN MITIGATION OF DAMAGES

In any action for defamation it shall be lawful for the defendant (after notice in writing of his intention so to do, duly given to the plaintiff at the time of filing or delivering the plea in such action), to give in evidence, in mitigation of damages, that he made or offered an apology to the plaintiff for such defamation before the commencement of the action, or as soon afterwards as he had an opportunity of doing so, in case the action shall have been commenced before there was an opportunity of making or offering such apology.

2 IN AN ACTION AGAINST A NEWSPAPER FOR LIBEL, THE DEFENDANT MAY PLEAD THAT IT WAS INSERTED WITHOUT MALICE AND WITHOUT NEGLECT, AND MAY PAY MONEY INTO COURT AS AMENDS

In an action for libel contained in any public newspaper or other periodical publication it shall be competent to the defendant to plead that such libel was inserted in such newspaper or other periodical publication without actual malice, and without gross negligence, and that before the commencement of the action, or at the earliest opportunity afterwards, he inserted in such newspaper or other periodical publication a full apology for the said libel, or, if the newspaper or periodical publication in which the said libel appeared should be ordinarily published at intervals exceeding one week, had offered to publish the said apology in any newspaper or periodical publication to be selected by the plaintiff in such action;… and to such plea to such action it shall be competent to the plaintiff to reply generally, denying the whole of such plea.

LIBEL ACT 1845

(c.75)

2 DEFENDANT NOT TO FILE SUCH PLEA WITHOUT PAYING MONEY INTO COURT BY WAY OF AMENDS

It shall not be competent to any defendant in such action, whether in England or in Ireland, to file any such plea, without at the same time making a payment of money into court by way of amends… but every such plea so filed without payment of money into court shall be deemed a nullity, and may be treated as such by the plaintiff in the action.

OFFENCES AGAINST THE PERSON ACT 1861

(c.100)

44 IF THE MAGISTRATES DISMISS THE COMPLAINT, THEY SHALL MAKE OUT A CERTIFICATE TO THAT EFFECT

If the justices, upon the hearing of any…. case of assault or battery upon the merits, where the complaint was preferred by or on behalf of the party aggrieved… shall deem the offence not to be proved, or shall find the assault or battery to have been justified, or so trifling as not to merit any punishment, and shall accordingly dismiss the complaint, they shall forthwith make out a certificate […] stating the fact of such dismissal, and shall deliver such certificate to the party against whom the complaint was preferred.

45 CERTIFICATE OR CONVICTION SHALL BE A BAR TO ANY OTHER PROCEEDINGS

If any person against whom any such complaint as is mentioned in section 44 of this Act shall have been preferred by or on the behalf of the party aggrieved shall have obtained such certificate, or, having been convicted, shall have paid the whole amount adjudged to be paid, or shall have suffered the imprisonment… awarded, in every such case he shall be released from all further or other proceedings, civil or criminal, for the same cause.

LAW OF LIBEL AMENDMENT ACT 1888

(c.64)

5 CONSOLIDATION OF ACTIONS

It shall be competent for a judge or the court, upon an application by or on behalf of two or more defendants in actions in respect to the same, or substantially the same, libel brought by one and the same person, to make an order for the consolidation of such actions, so that they shall be tried together; and after such order has been made, and before the trial of the said actions, the defendants in any new actions instituted in respect of the same, or substantially the same, libel shall also be entitled to be joined in a common action upon a joint application being made by such new defendants and the defendants in the actions already consolidated.

In a consolidated action under this section the jury shall assess the whole amount of the damages (if any) in one sum, but a separate verdict shall be taken for or against each defendant in the same way as if the actions consolidated had been tried separately; and if the jury shall have found a verdict against the defendant or defendants in more than one of the actions so consolidated, they shall proceed to apportion the amount of damages which they shall have so found between and against the said last-mentioned defendants; and the judge at the trial, if he awards to the plaintiff the costs of the action, shall thereupon make such order as he shall deem just for the apportionment of such costs between and against such defendants.

FACTORS ACT 1889

(c.45)

Preliminary

1 DEFINITIONS

For the purposes of this Act—

(1) The expression “mercantile agent” shall mean a mercantile agent having in the customary course of his business as such agent authority either to sell goods, or to consign goods for the purpose of sale, or to buy goods, or to raise money on the security of goods:

(2) A person shall be deemed to be in possession of goods or of the documents of title to goods, where the goods or documents are in his actual custody or are held by any other person subject to his control or for him or on his behalf:

(3) The expression “goods” shall include wares and merchandise:

(4) The expression “document of title” shall include any bill of lading, dock warrant, warehouse-keeper’s certificate, and warrant or order for the delivery of goods, and any other document used in the ordinary course of business as proof of the possession or control of goods, or authorising or purporting to authorise, either by endorsement or by delivery, the possessor of the document to transfer or receive goods thereby represented:

(5) The expression “pledge” shall include any contract pledging, or giving a lien or security on, goods, whether in consideration of an original advance or of any further or continuing advance or of any pecuniary liability:

(6) The expression “person” shall include any body of persons corporate or unincorporate.

Dispositions by Mercantile Agents

2 POWERS OF MERCANTILE AGENT WITH RESPECT TO DISPOSITION OF GOODS

(1) Where a mercantile agent is, with the consent of the owner, in possessi...

Table of contents

• Cover Page
• Half Title Page
• Series Page
• Title Page
• Copyright Page
• Contents
• Guide to the Companion Website
• Alphabetical Index
• Chronological Index
• Statutes
• Statutory Instruments
• Proposed Legislation
• EU Materials
• Appendix
• Thematic Index