Colin Blackburn, Baron Blackburn
Colin Blackburn, Baron Blackburn of Killearn in the County of Stirling PC ( born May 18, 1813 in Selkirkshire, † January 8, 1896 in Ayrshire ) was a British lawyer who most recently as one of the first two Lord of Appeal in Ordinary, due to the Appellate jurisdiction Act 1876 as a Life peer was also a member of the House of Lords.
Life
Study, Lord Justice and the House of Lords member
After visiting the Edinburgh Academy and of Eton College Blackburn studied mathematics at Trinity College, University of Cambridge and graduated in 1835 from. Then Blackburn graduated in Law in 1838 and received his legal approval to the Chamber of Lawyers ( Inns of Court ) of the Inner Temple. Subsequently, he was more than twenty years as a barrister.
In 1859, he joined the Judicial Service as a judge of the Chamber of Civil Cases (Queen 's Bench Division ) to the Commissioner for England and Wales High Court of Justice, and held this office of judge until 1876. At the same time he was in 1860 defeated Knight Bachelor and led since then the suffix " Sir ".
Last Blackburn was appointed by Letters patent dated October 16, 1876 due to the Appellate Jurisdiction Act 1876 as a Life peer with the title Baron Blackburn of Killearn in the County of Stirling as a member of the House of Lords to the nobility and worked until 1886 as Lord Justice (Lord of Appeal in Ordinary). He was next to Edward Gordon, Baron Gordon of Drumearn to the first two judges, Lord, in 1876 a member of the upper house were due to the Appellate Jurisdiction Act. In 1876 he was at the same time Privy Councillor.
His younger brother was the mathematician Hugh Blackburn, the professor held for thirty years at the Department of Mathematics at the University of Glasgow.
Significant judgments as Lord Justice
During his tenure as Lord Justice, he worked with some decision such as:
- Brogden v Metropolitan Railway Company (1877 ): In this procedure, from the English law of contract, it was decided that a contract may also be assumed by the parties' conduct. At this decision had next to Lord Chancellor Hugh Cairns, 1st Earl Cairns with the former Lord Chancellor Roundell Palmer, 1st Earl of Selborne, William Page Wood, 1st Baron Hatherley and Baron Gordon of Drumearn.
- Hughes v Metropolitan Railway Co ( 1877): In this method the first time on the forfeiture ( estoppel ) a promissory note has been decided. The judgment unfolded its effect over many years and was only renewed by the process Central London Property Trust Ltd v High Trees House Ltd (1947).
- Erlanger v New Sombrero Phosphate Co ( 1878): In this procedure, from the law of contract, it was also about issues Company Law ( Company Law ). It dealt with the withdrawal due to deception and the question of how the impossibility of reparation can be an opportunity to resign. It is also an important example of how are representative of a company in a fiduciary relationship ( Fiduziarität ) to customers and subscribers. Lord Blackburn represented in this process, the majority opinion.
- Speight v Gaunt (1884 ): In this procedure, from the English trust law dealt with the question of fiduciary duties of care.
- Foakes v Beer: In this procedure, from the law of contract, the question was whether the promise of a creditor not to make a remaining amount claimed, or whether it is effective for want of consideration is void and the full amount may be required in spite of the promise. The House of Lords decided under approval of the Rule of Pinnel 's Case, that such a promise is ineffective and the balance may be required. Lord Blackburn initially wanted to make a dissenting opinion, but ultimately joined in the majority opinion. Nevertheless, his judgment clear and oft-cited criticism is influenced in the decision.