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Articles by LawTeacher
Stevenson Jacques & Co v Mclean
Article. Published: March 7, 2018
The defendant, Mclean, offered to sell iron to the complainant, Stevenson Jaques & Co. This was for the price of 40s and the offer would remain open until Monday….
Re Casey’s Patents – 1892
Article. Published: March 7, 2018
The defendant, Casey, managed some patents owned by the plaintiffs, Stewart and Charlton. The plaintiffs later signed a document that read: ‘In consideration of your services… we hereby agree to give you one-third share of the patents’….
The Moorcock (1889)
Article. Published: March 7, 2018
Ship damaged at defendant’s jetty; whether implied term to take reasonable care. Ship-owners contracted with the defendant wharfingers to discharge a ship at their jetty. The jetty extended into the River Thames where the ship must necessarily ground at low water. …
Robinson v Kilvert – 1889
Article. Published: March 7, 2018
Nuisance – Sensitivity of the Claimant. The defendants operated a factory which made paper boxes. This required the factory to be continually warm and dry to ensure that the paper boxes were in good condition….
Shirlaw v Southern Foundries Ltd
Article. Published: March 7, 2018
Shirlaw was appointed managing director of Southern Foundries (SF) for a fixed term of ten years. SF was taken over by another company who altered the pre-existing articles of association empowering two directors and a secretary to remove a director, irrespective of the terms of his contract….
Re Buchanan-Wollaston’s Conveyance – Summary
Article. Published: March 7, 2018
Four owners of property with views of the ocean decided to jointly purchase the piece of land which was between their respective houses……
R v Windle – 1952
Article. Published: March 7, 2018
The appellant (W) was convicted of murdering his wife. His wife had regularly spoke of committing suicide and doctors suggested……
Redgrave v Hurd – 1881
Article. Published: March 7, 2018
Contract law – Misrepresentation – Specific performance. The plaintiff was a solicitor who constructed an advertisement titled ‘Law Partnership’ where he sought a successor who he would take as a Partner on the basis that the individual purchased the plaintiff’s property….
Schawel v Reade
Article. Published: March 7, 2018
Emphasised the significance of a party’s expertise in determining whether their statements constitute representation or a contractual promise….
Theft of property and fraud by misrepresentation
Article. Published: March 7, 2018
Theft of property and fraud by misrepresentation. According to the facts of the case study, it is apparent that the legal issues concerning Kezia’s case are in relation to the Theft Act and Fraud, Kazia has been charged with Theft of the death certificate and with Fraud by misrepresentation….
Re Mahmoud and Ispahani
Article. Published: March 7, 2018
Under the Defence of the Realm Act 1914 an Order was made, titled the Seeds, Oils and Fats Order 1919 that said “a person shall not… buy or sell or……
Sirros v Moore – 1975
Article. Published: March 7, 2018
Sirros, the plaintiff, was an alien, who visited the UK, who was fined and recommended for deportation for breach of Aliens Order 1953……
Salmon v Seafarer Restaurants – Summary
Article. Published: March 7, 2018
The plaintiff was a fireman who had attended to a fire that had broken out at the defendant’s fish and chip shop. This has been caused by the defendant……
Taylor v Laird
Article. Published: March 7, 2018
The claimant was employed as the captain of a ship which was owned by the defendants. Whilst in a foreign port during the course of the voyage, he voluntarily gave up his position as captain, and worked as an ordinary crew member during his passage back to Britain….
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….
