Richard Baggallay

For the cricketer, see Richard Baggallay (cricketer).

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 (1888-11-14) (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. 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. 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 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.
• 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• Redgrave v Hurd (1881) 20 Ch D 1 - Contract law concerning misrepresentation and holding that a contract can be rescinded for innocent misrepresentation, even where the represent had the chance to verify the false statement; Baggallay concurring with Jessel MR.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.

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

Attribution

 This article incorporates text from a publication now in the public domain: Rigg, James McMullen (1901). "Baggallay, Richard". In Lee, Sidney (ed.). Dictionary of National Biography (1st supplement). London: Smith, Elder & Co.

Sources

• Obituary, The Times, 14 November 1888

External links

• Hansard 1803–2005: contributions in Parliament by Sir Richard Baggallay