LawTeacher

LawTeacher
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Articles Published

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Articles by LawTeacher

Roe v Kingerlee

Article. Published: March 7, 2018

Kingerlee was charged with criminal damage having placed mud graffiti on the wall of a police cell. The graffiti cost £7 to clean away….

Shell UK v Lostock Garage Ltd

Article. Published: March 7, 2018

The defendant was a small garage which was tied to Shell along with two other neighbouring garages, by way of a solus agreement….

Reffel v Surrey County Council

Article. Published: March 7, 2018

A 12-year-old female student at a grammar school was injured while, walking down a corridor towards the cloakroom, the cloakroom’s glass doors swung……

Shaw v DPP – 1962

Article. Published: March 7, 2018

Conspiracy to Corrupt Public Morals – Prostitution – Public Morals – Court’s Ability to Create New Offence. The defendant created magazines, which contained personal adverts for prostitutes. This included their personal contact details, photographs and descriptions of their services….

R v Watson – 1989

Article. Published: March 7, 2018

Mr Watson and another person threw a brick through the elderly and seriously ill victim’s house. Unaware of the victim’s condition and age, they……

Smith v Land and House Property Corp

Article. Published: March 7, 2018

Whether a statement is one of opinion of a representation. The claimant put up a hotel for sale with the particulars stating that it was currently leased to a most desirable tenant. …

Re Ransomes Plc [1999] 2 BCLC 591 CA Case Summary

Article. Published: March 7, 2018

A Case Summary of Re Ransomes Plc [1999] 2 BCLC 591 CA. Cancellation of share premium account during the reduction of capital process….

Rickards v Lothian – 1913

Article. Published: March 7, 2018

Natural versus non-natural use of land, domestic water supply, malicious act of third party. The claimant rented premises on the second floor of a building which was used for commercial purposes and ran a business from the premises he was renting….

Thomas v Thomas – 1842

Article. Published: March 7, 2018

Consideration need only be legally not economically adequate.. A valid contract must be supported by consideration. That is, the promisee must promise to do something in return for the promise of the other party….

Sayers v Harlow Urban DC

Article. Published: March 7, 2018

The plaintiff visited a public lavatory, owned by the defendant – a local authority. She locked the door, but when she tried to get out, she could not as the lock was stuck. The plaintiff unsuccessfully tried to attract attention for 15 minutes….

Speight v Gosnay

Article. Published: March 7, 2018

The defendant uttered certain words creating a false (unfavourable) impression regarding the claimant’s virginity when the claimant’s mother was present….

Thomas Witter Ltd v TBP Industries Ltd

Article. Published: March 7, 2018

The defendant was a conglomerate organisation that negotiated to sell a carpet company to the plaintiff. During the negotiation of the sale of the company……

Shogun Finance Ltd v Hudson [2003] UKHL 62

Article. Published: March 7, 2018

Contract – Hire-Purchase agreement – Title to goods. A car dealer sold a car to a fraudster, who produced a stolen license as his own. The dealer wrote out the hire-purchase contract in the name written on the license. …

Smith v Hughes

Article. Published: March 7, 2018

Contract – Mistake – Breach of Contract – buyer beware – Caveat Emptor. The complainant, Mr Smith, was a farmer and the defendant, Mr Hughes, was a racehorse trainer. …

R v Wenton

Article. Published: March 7, 2018

A window was smashed by a brick at a property which was occupied by a family with three children. Shortly afterwards, a canister……

Saadi v Italy and Chahal v UK

Article. Published: March 7, 2018

Case Summary of Saadi v Italy (2008) 24 BHRC 123, 125 -142 and Chahal v United Kingdom (1996) 23 EHRR 413, 74. Article 3 ECHR…

Raffles v Wichelhaus – 1864

Article. Published: March 7, 2018

There had been no consensus ad idem or meeting of the minds between the parties to form a binding contract. The objective test made it clear that a reasonable person would not have been able to identify with certainty what ship had been agreed on….

Theaker v Richardson

Article. Published: March 7, 2018

The defendant (R) wrote to the plaintiff (T) accusing her of, amongst other things, being “a very dirty whore.” T’s husband opened the letter thinking……

Scott v Shepherd – 1773 (Famous Squib)

Article. Published: March 7, 2018

Scott v Shepherd has become known as the Famous Squib case. The court dismissed the appeal; the injury to the complainant was the direct and unlawful act of the defendant who originally threw and intended to throw the squib….

St Martins Property Corporation v Sir Robert McAlpine

Article. Published: March 7, 2018

St Martins, the first plaintiff, began working on a development which included shops, offices and flats. A 150-year leasehold was granted……

Rodway v Landy

Article. Published: March 7, 2018

Two doctors jointly purchased a property for the purposes of running a medical practice from it. The doctors contributed to the purchase……

Rudge v Richens

Article. Published: March 7, 2018

The plaintiff lender took possession of mortgaged premises and sold them after a default in mortgage payments. The defendant borrower pleaded……

Re Polemis and Furness, Withy & Co

Article. Published: March 7, 2018

The extent of liability where the injuries resultant from tortious negligence are entirely unforeseeable. Employees of the defendant had been loading cargo into the underhold of a ship when they negligently dropped a large plank of wood….

Sim v Stretch – 1936

Article. Published: March 7, 2018

Libel; telegram; words capable of defamatory meaning. The claimant had a housemaid for a limited period of time, who re-entered the service of the defendant. Upon the maid’s arrival, the defendant sent the following telegram to the claimant:…

R v Watson – 2015

Article. Published: March 7, 2018

The defendant was convicted of two counts of rape and two counts of assault by penetration. The defendant fathered a child……

Shaw v Director of Public Prosecutions – 1962

Article. Published: March 7, 2018

Shaw published a booklet containing (mostly) the names and addresses of prostitutes, indicating that such ladies were open to being……

Re McArdle – 1951

Article. Published: March 7, 2018

Past consideration is no consideration.. Mrs McArdle had already performed the work before she asked for payment. Her consideration was in the past. Past consideration is not good consideration….

Scriven Bros v Hindley – 1913 3 KB 564

Article. Published: March 7, 2018

The complainants, Scriven Bros and Co, instructed an auctioneer to sell large bales of tow and hemp on behalf of them at an auction. The bales looked rather similar in the way they were packaged and the samples that were on display to potential bidders were not easily distinguishable….

Robshaw v United Lincolnshire Hospitals

Article. Published: March 7, 2018

The claimant suffered from severe cerebral palsy due to mismanagement of his birth. He required full time care for the remainder of his life….

R v Valderamma-Vega – 1985

Article. Published: March 7, 2018

Valderamma-Vega was a retired police officer who arrived at Gatwick Airport from Colombia when he was stopped by customs officers. They searched his suitcase and found almost two kilograms of cocaine hidden in a concealed compartment in his luggage….

Target Home Loans Ltd v Clothier – 1994

Article. Published: March 7, 2018

The respondents took a mortgage on their home. The appellant lender sought an order for possession after repayments were not made….

Shadwell v Shadwell

Article. Published: March 7, 2018

Performance of a duty imposed by a contract with a Third Party. The defendant was the plaintiff’s uncle. The uncle promised to pay his nephew £150 a year until the nephew’s income reached 600 guineas provided the nephew married his fiancée….

Spring v Guardian Assurance plc – 1994

Article. Published: March 7, 2018

The plaintiff was dismissed from his job as a company sales representative for the first defendant. Upon seeking employment with another company……

Samarenko v Dawn Hill House Ltd – 2011

Article. Published: March 7, 2018

A seller and buyer entered into a written contract for the sale of property, with Clause 16 of the contract requiring the payment of a deposit….

Thompson v Lohan – Case Summary

Article. Published: March 7, 2018

The defendant was a company which hired plant and machinery with operators if necessary. The claimant hired some machinery with two of……

Sterling Hydraulics v Dichtomatik

Article. Published: March 7, 2018

DL contended the acknowledgement of order documentation amounted to a counter-offer incorporating their own terms into the contract….

Ramsgate Victoria Hotel v Montefiore – 1866

Article. Published: March 7, 2018

The defendant, Mr Montefiore, wanted to purchase shares in the complainant’s hotel. He put in his offer to the complainant and paid a deposit to his bank account to buy them in June….

Robert Addie v Dumbreck

Article. Published: March 7, 2018

A four-year-old boy was killed as a result of being crushed by the wheel of a haulage system which belonged to a colliery company. The field in which the system was situated in was surrounded by a large hedge, which was essentially ineffective due to the large gaps in it…

Thoburn v Sunderland City Council

Article. Published: March 7, 2018

CONSTITUTIONAL LAW – DELEGATED LEGISLATION – DIRECTIVES – EC LEGISLATION – WEIGHTS AND MEASURES. The Units of Measurement Regulations 1994, which were brought into force pursuant to the exercise of powers conferred by section 2(2) and (4) of the European Communities Act 1972….

Sutton v Mishcon de Reya

Article. Published: March 7, 2018

The plaintiff, Sutton, was a male prostitute who entered into a sado-masochistic relationship with Staal, a wealthy Swedish businessman….

Rose and Frank v Crompton – 1923

Article. Published: March 7, 2018

Intention to create legal relations in the formation of contracts. An American company and English company entered into a sole agency agreement in 1913 for the sale of paper goods in the USA….

Smith v Baker – 1891

Article. Published: March 7, 2018

The plaintiff was employed by a railway company to drill holes in a rock, near a crane, operated by men employed by the railway company. The crane lifted stones and at times swung them over the plaintiff’s head without warning. …

Thompson v London, Midland and Scottish Railway

Article. Published: March 7, 2018

Thompson was unable to read and she travelled on a train with her daughter and niece. On the back of her ticket it was printed that the tickets were issued subject to the terms outlined in the company’s time tables. …

R (on the application of Ricketts) v Basildon Magistrates’ Court

Article. Published: March 7, 2018

The defendant, Ricketts, was arrested after taking bags from outside a charity shop and from the bins at the rear of the shop and……

R v White – 1910

Article. Published: March 7, 2018

The defendant put poison into the evening drink of the victim, his mother, with the intention of killing her. The victim drank a few sips of the drink and then fell asleep. …

Rice v Great Yarmouth Borough Council

Article. Published: March 7, 2018

A contractor concluded two contracts with a local council for leisure management and maintenance of sports facilities, parks, gardens, playgrounds and other……

Strickland v Turner – 1852

Article. Published: March 7, 2018

In this case, Strickland, the complainant, entered into a contract for annuity and life assurance on the life of Turner, with an insurance company….

Shanklin Pier v Detel Products – 1951

Article. Published: March 7, 2018

The Plaintiffs were owners of a pier in Shanklin on the Isle of Wight. They entered into a contract with contractors to have the pier repaired and painted. Under the contract the plaintiff had the express right to alter the contract….

Richmond Adult Community College v McDougall

Article. Published: March 7, 2018

Case Summary of Richmond Adult Community College v McDougall [2008] EWCA Civ 4 Disability discrimination. The assessment of disability and recurring disabilities…

Thompson v Foy

Article. Published: March 7, 2018

Thompson permitted her daughter, Foy, to build an extension to Thompson’s home. According to their informal agreement, the……