Court : House of Lords
..... in april, 1942, the appellant was told at the labour exchange that she must work at the factory. .....
Tag this Judgment!Court : House of Lords
..... supplementary award that the footing of the contract was removed, and his reason for so finding is that both parties entered into the contract on the basis that adequate supplies of labour and materials would be available at the times required but that adequate supplies were not available with the result that the duration of the work was unavoidably extended from 8 months to 22 months. ..... . later he says: no one can tell how long a spell of commercial depression may last; no suspense can be more harrying than the vagaries of foreign exchanges, but contracts are made for the purpose of fixing the incidence of such risks in advance, and their occurrence only makes it the more necessary to uphold a contract and not ..... that the contract price was subject to an express overriding condition contained in a letter of the 18th march, 1946, that there should be adequate supplies of labour and material and (b) that the contract had been entered into on the footing that adequate supplies of labour and material would be available to complete the work within eight months, but, contrary to the expectation of both parties, there was not sufficient skilled ..... having been asked to state his own conclusions he further found that both parties entered into the contract on the basis that adequate supplies of labour and material would be available at the times required, that such supplies were not so available and that, as the duration of the work was unavoidably extended from a period of eight months to .....
Tag this Judgment!Court : House of Lords
..... in delivering the judgment of the court was careful to point out that the contract was substantially a contract for work and labour: and much work and labour had undoubtedly taken place before further performance of the contract became impossible. ..... in english law, an enforceable contract may be formed by an exchange of a promise for a promise, or by the exchange of a promise for an acti am excluding contracts under sealand thus, in the law relating to the formation of contract, the promise to do a thing may often be the consideration. .....
Tag this Judgment!Court : House of Lords
viscount simonds my lords, these consolidated appeals raise once more a question, which has so often caused doubt and difficulty in the courts of this country, whether certain trusts are charitable in the sense which the law accords to that word. it need cause no surprise, though it may cause regret, that this should be so. for while no comprehensive definition of legal charity has been given either by the legislature or in judicial utterance, there is no limit to the number and diversity of the ways in which man will seek to benefit his fellow-men. to determine whether the privileges, now considerable, which are accorded to charity in its legal sense, are to be granted or refused in a particular case, is often a matter of great nicety and i think that this house can perform no more useful function in this branch of the law than to discourage a further excess of refinement where already so many line distinctions have been made. in the present appeals the controversy is about the amount of stamp duty payable in respect of two deeds of conveyance, by which trusts were declared of certain property thereby respectively conveyed. if the trusts so declared were charitable the duty is smaller than if they were not charitable. the sums actually at stake are trifling, but the issue is an important one. it was decided in favour of the appellants, the commissioners of inland revenue, by mr. justice harman but against them by the court of appeal. hence the present appeal. i find it .....
Tag this Judgment!Court : House of Lords
..... i say could be because the ordinary courtesies and exchanges of life would become impossible if it were sought to attach legal obligation to every kindly and friendly act. .....
Tag this Judgment!Court : House of Lords
..... in the seventies and eighties text books cited norton tool as stating the law: rideout, principles of labour law, 1976, 2nd ed, pp 141-147; anderman, the law of unfair dismissal, 1978, pp 212, 217, 221, 222; hepple and o'higgins, employment law, 1979, 3rd ed, p 608; mead, unfair dismissal handbook, 1983, 2nd ed, pp 307- ..... for present purposes the re-enactment of section 116 by schedule 1, para 19, of the trade union and labour relations act 1974, by section 76 of the employment protection act 1975 and by section 74 of the employment protection (consolidation) act 1978 are not material. .....
Tag this Judgment!Court : House of Lords
lord hoffmann my lords, the proceedings 1. kirin-amgen inc ("amgen"), a californian pharmaceutical company, is the proprietor of a european patent (ep 0148605b2) relating to the production of erythropoietin ("epo") by recombinant dna technology. epo is a hormone made in the kidney which stimulates the production of red blood cells by the bone marrow. the discovery by amgen of a method of making epo artificially for use as a drug was a significant advance in the treatment of anaemia, particularly when associated with kidney failure. amgen market it under the name epogen and the patent (which will expire on 11 december 2004) has been very profitable. 2. these appeals arise out of a dispute concerning both the validity and infringement of the patent between amgen and two other pharmaceutical companies. transkaryotic therapies inc ("tkt") is a massachusetts corporation. it has also developed a method of making epo, which it markets under the name dynepo. it uses a process which it calls "gene activation" and the product been referred to in this appeal as "ga-epo". hoechst marion roussel ltd ("hoechst") is the english subsidiary of a well-known multinational pharmaceutical company which has been proposing to import ga-epo into the united kingdom. in three consolidated actions, amgen claims that ga-epo infringes the claims of the patent in suit and tkt and hoechst claim a declaration of non-infringement and revocation of the patent. i shall for convenience refer to both hoechst and .....
Tag this Judgment!Court : House of Lords
..... for writers on international law, however valuable their labours may be in elucidating and ascertaining the principles and rules of law, cannot make the law. .....
Tag this Judgment!Court : House of Lords
..... it permits service in the form of forced or compulsory labour to be exacted in case of an emergency or calamity "threatening the life or well-being of the community. .....
Tag this Judgment!Court : House of Lords
..... adverse opinion, the solicitors consented to an order made on 13 february 1997, whereby they were to furnish a schedule of special damages within 28 days and the parties were to be limited to one medical expert per side and were to exchange medical reports within three months. ..... in april 1997 the time for serving the schedule was extended by consent to 8 may and for exchange of medical reports to 8 july 1997. ..... there was also a claim for 25,000 for handicap in the labour market. .....
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