Richard Baggallay
| The Right Honourable Sir Richard Baggallay PC | |
|---|---|
|
Sir Richard Baggallay, 1876. | |
| Attorney-General for England and Wales | |
|
In office 20 April 1874 – 25 November 1875 | |
| Monarch | Victoria |
| Prime Minister | Benjamin Disraeli |
| Preceded by | Sir John Burgess Karslake |
| Succeeded by | Sir John Holker |
| Personal details | |
| Born | 13 May 1816 |
| Died | 13 November 1888 (aged 72) |
| Nationality | British |
| Political party | Conservative |
Sir Richard Baggallay PC (13 May 1816 – 13 November 1888), was a British Conservative politician and judge of the Court of Appeal.
Background and education
Baggallay was the son of Richard Baggallay, of Stockwell, a member of the Merchant Taylors' Company and a significant warehouseman of the City of London. He was called to the Bar, Lincoln's Inn, in 1843.
Political and legal career
Bagallay sat as a Conservative Party Member of Parliament (MP) for Hereford from 1865 to 1868.[1] He was knighted on 14 December 1868 after losing his seat, but was re-elected in 1870 as MP for Mid Surrey, holding the seat until 1875.[2] He served briefly as Solicitor-General under Benjamin Disraeli in 1868 and again in 1874, and as Attorney-General under Disraeli from 1874 to 1875. In 1875 he was sworn of the Privy Council[3] and appointed to the newly established Court of Appeal, where he served until his death in 1888.
Judgments
- Parker v South Eastern Railway [1877] 2 CPD 416 - English contract law on exclusion clauses holding that an individual cannot escape a contractual term by failing to read the contract, but that a party wanting to rely on an exclusion clause must take reasonable steps to bring it to the attention of the customer.
- The Household Fire and Carriage Accident Insurance Company (Limited) v Grant (1878–79) LR 4 Ex D 216 - Contract law] concerning the "postal rule", and containing an important dissenting judgment by Bramwell LJ, who wished to dispose of it.
- Tamplin v James (1880) 15 Ch D 215 (CA), upholding a decision of Baggallay in the first instance; contract law concerning the availability of specific performance for a breach of contract induced by mistake.[4]
- Re Hallett's Estate (1880) 13 Ch D 696 - English trusts law concerning asset tracing, Baggallay LJ concurring with Fry LJ.
- Redgrave v Hurd (1881) 20 Ch D 1 - Contract law concerning misrepresentation and holding that a contract can be rescinded for innocent misrepresentation, even where the representee had the chance to verify the false statement; Baggallay concurring with Jessel MR.
- Hutton v West Cork Rly Co (1883) 23 Ch D 654 - UK company law case concerning the limits of a director's discretion to spend company funds for the benefit of non-shareholders; Baggallay dissenting the decision of Cotton LJ and Bowen LJ.
- Smith v Land and House Property Corp (1884) LR 28 Ch D 7 - Contract law case, concerning misrepresentation and holding that a statement of opinion can represent that one knows certain facts, and can amount to misrepresentation; Baggallay LJ concurring with Bowen LJ
Personal life
He married, on 25 February 1847, Marianne, youngest daughter of Henry Charles Lacy of Withdean Hall, Sussex, by whom he left issue.[5]
In later years Baggallay suffered from poor health and died while convalescing in Hove, Sussex. He was buried at South Metropolitan Cemetery at Norwood.
References
- ↑ Craig, F. W. S. (1989) [1977]. British parliamentary election results 1832–1885 (2nd ed.). Chichester: Parliamentary Research Services. pp. 150, 467. ISBN 0-900178-26-4.
- ↑ Leigh Rayment's Historical List of MPs – Constituencies beginning with "S" (part 6)
- ↑ The London Gazette: no. 24271. p. 6033. 30 November 1875.
- ↑ "Contract - General Principles - Remedies - Specific Performance and Injunctions - Specific Performance". The Laws of Australia. Thomson Reuters. 31 August 2006. pp. [7.9.1450].
- ↑ Rigg 1901.
- Attribution
This article incorporates text from a publication now in the public domain: Rigg, James McMullen (1901). "Baggallay, Richard". In Sidney Lee. Dictionary of National Biography, 1901 supplement. London: Smith, Elder & Co.
Sources
- Obituary, The Times, 14 November 1888
External links
- Hansard 1803–2005: contributions in Parliament by Sir Richard Baggallay
| Parliament of the United Kingdom | ||
|---|---|---|
| Preceded by Henry Morgan-Clifford George Clive |
Member of Parliament for Hereford 1865 – 1868 With: George Clive |
Succeeded by John William Shaw Wylie George Clive |
| Preceded by William Brodrick Sir Henry Peek, Bt |
Member of Parliament for Mid Surrey 1870–1875 With: Sir Henry Peek, Bt |
Succeeded by Sir Trevor Lawrence, Bt Sir Henry Peek, Bt |
| Legal offices | ||
| Preceded by Sir William Baliol Brett |
Solicitor General for England and Wales September–December 1868 |
Succeeded by Sir John Coleridge |
| Preceded by Sir William Vernon Harcourt |
Solicitor General for England and Wales 1874 |
Succeeded by Sir John Holker |
| Preceded by Sir John Burgess Karslake |
Attorney General for England and Wales 1874–1875 |
Succeeded by Sir John Holker |