LawTeacher

LawTeacher
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Articles Published

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Articles by LawTeacher

Swedish Central Railway Co Ltd v Thompson [1925]

Article. Published: March 7, 2018

A Case Summary of Swedish Central Railway Co Ltd v Thompson [1925] AC 495 (HL)….

R v Woollin

Article. Published: March 7, 2018

Case Summary of R v Woollin [1999] AC 82. The facts of Woollin comprised of the defendant throwing his three month old baby to the ground in frustration when it would not stop crying, leading to the baby dying from a fractured skull….

Sudbrook Trading Estate Ltd v Eggleton – 1983

Article. Published: March 7, 2018

Four separate leases were made in relation to adjacent industrial premises. Each lease expired on 24 December 1997….

Selmouni v France (2000) 29 EHRR 403

Article. Published: March 7, 2018

Case Summary of Selmouni v France (2000). European Court of Human Rights (ECHR), Article 3 (Prohibition on Torture) and Article 6 (Right to a Fair Trial)….

Thompson v Bridges – 1925

Article. Published: March 7, 2018

The appellant was a high school teacher and principal of his school. In 1922, a bitter campaign was fought for trusteeships……

Re Sharpe (A Bankrupt) – 1980

Article. Published: March 7, 2018

An aunt loaned Sharpe, her nephew, money for the purpose of buying a leasehold premises. This was a shop with living accommodation situated above it….

R v Williams and Davies – 1992

Article. Published: March 7, 2018

The defendants picked up a hitchhiker who was on his way to Glastonbury festival.  The defendants then attempted to rob the victim who became agitated and afraid and in this mental state jumped out of the moving vehicle which was travelling at 30 mph. …

Smith v Littlewoods – [1987]

Article. Published: March 7, 2018

The defendant purchased a disused cinema with the intention of turning it into a supermarket. Five weeks after the defendant entered the building for the first time, it was set on fire by intruders and destroyed. As a result, the adjacent buildings were also affected and damaged….

Smith v Eric S Bush – 1990

Article. Published: March 7, 2018

Reasonableness of exemption clauses for surveyor reports. The Defendant, Eric Bush was a surveyor who was employed by Abbey National to assess the value of a property which was to be purchased by the Claimant, Mrs Smith….

Scout Association v Barnes – 2010

Article. Published: March 7, 2018

The claimant was injured after chasing a block that had been accidentally kicked away by another player. The claimant sued the Scout Association….

Reilly v Booth – 1890

Article. Published: March 7, 2018

This case concerned a dispute as to the full extent of the rights conferred through an easement. The holder of an easement had……

Re F (Mental Patient Sterilisation)

Article. Published: March 7, 2018

Re: F – Whether medical practitioners are able to sterilise a mentally handicapped woman who is unable to consent on the basis that doing so is in her best interest….

Rookes v Barnard – 1964

Article. Published: March 7, 2018

The claimant was a skilled draughtsman and employee of the British Overseas Airways Corporation (BOAC), resigned his membership of the Association of Engineering and Shipbuilding Draughtsmen (AESD), a registered trade union….

Sky Petroleum v VIP Petroleum – 1974

Article. Published: March 7, 2018

The plaintiffs, Sky Petroleum, entered into a contract with the defendant, VIP Petroleum, and agreed to purchase at a fixed price their entire order……

Secretary of State For The Home Department v MN and KY

Article. Published: March 7, 2018

The Supreme Court in SSHD v MN and KY [2014] UKSC 30 were concerned with guidance provided in a previous case of the Upper Tribunal in RB (Somalia) v SSHD [2012] EWCA Civ 277 and how the immigration had applied the guidance in the case of MN and KY….

Sweet v Parsley – 1970

Article. Published: March 7, 2018

The appellant, Stephanie Sweet (S), was a sub-tenant of a farmhouse, where cannabis resin was found. S no longer lived in the house and had let out several rooms to tenants. She did retain a room but only returned occasionally to collect letters and rent….

Sadler v Imperial Life Assurance of Canada

Article. Published: March 7, 2018

The plaintiff was employed by the defendant for 17 years. As an insurance agent, he was reimbursed on a commission basis. When the……

Robertson v Wait – 1853

Article. Published: March 7, 2018

The plaintiffs brought a claim against the defendants for breaching their contract but did not establish the terms of the commission structure within……

St Helen’s Smelting Co v Tipping – 1865

Article. Published: March 7, 2018

The claimant was the owner of a large country house with over a thousand acres of land.  This land was close to a copper smelting factory which had long been in operation.  The smelting factory discharged noxious gases as a result of its operation, which were considered to be a normal part of the smelting operation….

Smith v Leech Brain & Co Ltd

Article. Published: March 7, 2018

The complainant was employed as a galvaniser of steel for the defendants, Leech Brain & Co Ltd. He had been working and operating a machine in the workplace, when a piece of molten metal burnt his lip, after he stepped out from behind the protective shield….

Ropaigealach v Barclays Bank

Article. Published: March 7, 2018

The plaintiff was not residing in the property at the time when the defendant took possession and sold the property at auction. The plaintiff sought the determination of the court on whether the defendant had been entitled to take possession without first having sought and obtained an order of the court….

S.A.S. v. France [2014] ECHR 695

Article. Published: March 7, 2018

Case Summary of SAS v France [2014] ECHR 695. The case concerned the rights of individuals to manifest their freedom of religion…

Re Hackney Pavilion Ltd – 1924

Article. Published: March 7, 2018

The case addresses the transfer of shares in situations where the board fails to reach a consensus in passing a resolution and where the articles state that board approval is required….

Tarleton v McGawley

Article. Published: March 7, 2018

Tarleton was a ship trading off the coast of West Africa with Cameroon locals. The Bannister ship, directed by M’Gawley, shot a cannon from the water……

Breach of Statutory Duty Cases

Article. Published: March 7, 2018

Breach of Statutory Duties. A motor lorry, being a light locomotive within the meaning of the Locomotives on Highways Act 1896 and a motor car within the meaning of the Motor Cars……

Thomas v National Union of Mineworkers

Article. Published: March 7, 2018

During a set of strikes organised by the National Union of Miners (NUM – the Defendant), the Claimant, who was a miner, wanted to continue working in……

R v Wilson 1984

Article. Published: March 7, 2018

The defendant nearly hit a pedestrian, the victim, with their vehicle and an altercation between the two subsequently ensued….

Saunders v Anglia Building Society – 1971

Article. Published: March 7, 2018

A widow was induced by a fraudster to sign her leasehold interest in her house over to him. He then mortgaged her property to the Anglia……

Smith v Chadwick – 1884 – Case Summary

Article. Published: March 7, 2018

The prospectus of a company, which was created for the purposes of a takeover of an ironworks enclosed the following statement……

Smith v Mawhood – 1845

Article. Published: March 7, 2018

The plaintiff, a London tobacconist entered into a contract to sell a quantity of tobacco to the defendant. Under the relevant Excise Act any……

Sharneyford Supplies Ltd v Edge

Article. Published: March 7, 2018

In this case, the complainant had entered into a contract to purchase land from the defendant. In this contract, it was expressly stated that there……

Ryan v Mutual Tontine Westminster Chambers

Article. Published: March 7, 2018

This case involved a residential flat, in which the flats were leased to several tenants. The leases contained a covenant that agreed that the premises……

The Mahkutai – 1996

Article. Published: March 7, 2018

A cargo owner contracted with a charterer to organize for the transportation and delivery of their cargo with a bills of lading which contained a……

Rahman v Arearose Ltd – 2001

Article. Published: March 7, 2018

Mr Rahman was a manager of a fast food restaurant when he was violently assaulted at work. His employer, the first defendant……

Raja v Lloyds TSB Bank plc

Article. Published: March 7, 2018

In 1986 the Appellant (R) was granted overdraft facilities which were secured by legal charges over four properties he owned….

Simpkins v Pays – 1955

Article. Published: March 7, 2018

Intention to create legal relations in the formation of contracts in a domestic context..Ms. Simpkins was a paying boarder at Ms. Pays house, who lived with her granddaughter. Ms. Simpkins habitually entered into newspaper competitions….

Ready Mixed Concrete v Minister of Pensions

Article. Published: March 7, 2018

A driver contracted with a mixed concrete company for the delivery of concrete.  The contract declared him an “independent contractor” and set out wages and expenses….

Strict Liability Case Summaries

Article. Published: March 7, 2018

Cases on Strict Liability. The defendant ran off with an under-age girl. He was charged with an offence of taking a girl under the age of 16 out of the possession of her parents contrary to s55 of the Offences Against the Person Act 1861 (now s20 of the Sexual Offences Act 1956)….

Royal Bank of Scotland v Etridge (No 2)

Article. Published: March 7, 2018

Undue influence; married couple; notice of risk; protection of wife and lender. The case concerned eight joined appeals in which homeowners had mortgaged their houses to secure loans used by the husbands for their respective businesses. …

St John Shipping v Joseph Rank Ltd – Summary

Article. Published: March 7, 2018

The plaintiff, St John Shipping Corporation, owned a ship that was to sail from a port in the United States to the United Kingdom….

Re Bond Worth Ltd – 1980

Article. Published: March 7, 2018

The case of Re Bond Worth Ltd should be considered in the context of the law relating to the passing of property, and also in relation to the pari passu principles of recovery in insolvency….

Robinson v Balmain New Ferry Co. Ltd

Article. Published: March 7, 2018

Robinson (R) paid a penny to cross on a ferry, however he narrowly missed the ferry and changed his mind about crossing. R attempted to leave through the gate he came through, however it required another penny to be paid to leave….

Sumpter v Hedges – 1898

Article. Published: March 7, 2018

A builder contracted to build two houses and stables for the lump sum of £565. The builder only completed part of the work, after which he abandoned the contract. The completed works amounted to a value of £333….

South Wales Miners Federation v Glamorgan Coal Company

Article. Published: March 7, 2018

The federation was a trade union, formed to consider trade and wages, to protect the workmen and regulate relations. The wages were paid on a sliding scale agreement in accordance with the rising and falling price of coal….

Equitable Remedies Case Summaries

Article. Published: March 7, 2018

The court refused specific performance to a buyer of a set of Hepplewhite chairs saying that they were ‘ordinary articles of commerce and of no special value or interest’. Note: the buyer was contracting with a view to resale and for personal use….

Sharp v Harrison – 1922

Article. Published: March 7, 2018

The plaintiff and defendant lived next door to one another and were separated by a passageway which belonged to the plaintiff. The defendant bought her……

Self Defence Case Summaries

Article. Published: March 7, 2018

Self Defence. At common law the defence of self-defence operates in three spheres. It allows a person to use reasonable force to: (a) Defend himself from an attack……

R v Williams; R v Davis

Article. Published: March 7, 2018

The victim was a hitchhiker picked up by Mr Williams; Mr Davis and Mr Bobat were passengers in the car. After a few miles, the victim jumped out……

Speed v Thomas Swift & Co Ltd – 1943

Article. Published: March 7, 2018

Mr Speed was a dock labourer employed by the defendant stevedores working on the loading of a ship from an adjacent barge….

Tenax Steamship Co v Owners of the Motor Vessel Brimnes

Article. Published: March 7, 2018

It was held that the withdrawal was effective when it Telex message was received, not when the message was read….