| 翻訳と辞書 |
| Belchier v Parsons ： ウィキペディア英語版 |
Belchier v Parsons
''Belchier v Parsons'' (1754) 96 ER 908 is an English trusts law case, which stands as one of the earliest formulations of the prudent person rule.
==Facts==
Mr Holden had gone bankrupt, owing money to a range of creditors. Mrs Parsons was chosen as an assignee of the bankrupt estate, and she employed a broker, Mr Wigan, to sell off the assets (including a large quantity of tobacco) at public auction, and recover money for them. Mr Wigan did recover money, however fell sick and died ten days afterwards. It transpired that he was also bankrupt, and not enough to repay his own creditors. He had only paid over a small share of the proceeds from the tobacco sale to Mrs Parsons. The creditors of Mr Holden therefore sued Mrs Parsons, alleging that she should be liable for negligence in employing such a broker.
The Attorney General, Solicitor General, Mr Wilbraham speaking for Mrs Parsons pleaded that she should only be liable for the money that she had received, because Mr Wigan had been in good credit when he was employed, and so she had not been negligent. Nor was there any pretence of collusion or fraud. As the report read, he submitted,
Counsel for the creditors argued that Mrs Parsons nevertheless ought to have been deemed negligent, because it should have been usual practice for her to have collected the money from the auction at the latest a day or two after.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
■ウィキペディアで「Belchier v Parsons」の詳細全文を読む
スポンサード リンク
| 翻訳と辞書 : 翻訳のためのインターネットリソース |
Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.
|
|