The capacity of mercantile agents1 or factors to enter into a contract of pawn is regulated by statute2. At common law, a mercantile agent cannot bind his principal to a contract of pawn without the principal's authority3.
Where, with the owner's consent, a mercantile agent is in possession4 of goods5 or of the documents of title6 to goods, any pledge7 of the goods made by him when acting in the ordinary course of business of a mercantile agent is as valid as if he were expressly authorised by the owner of the goods to make the pledge, provided that the
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Codicils may be used for making any alteration in a Will such as to alter the executors or make changes in legacies, whether by addition or deletion but that is by no means their only use. As a general rule, substantial changes are best achieved by means of a new Will and codicils are more
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus
What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by
Deceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that party.The elements of a claim in deceit are:•a clear false representation of fact or law•fraud by the maker, in the sense that they knew that the
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