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Articles by LawTeacher
Taylor v Caldwell – 1863
Article. Published: March 7, 2018
Case Summary of Taylor V Caldwell [1863] 3 B&S 826. Contract frustrations and implied terms. The case of Taylor v Caldwell[1] is a fundamental case in the area of frustration with regards to contract law….
Sandiford v The Secretary of State For Foreign Affairs
Article. Published: March 7, 2018
This appeal is concerning a British national, aged 57, whom is imprisoned in Bali, Indonesia, awaiting execution by firing squad following her conviction for drug offences. Mrs Sandiford was arrested in May 2012 and admitted to the offences she was accused of….
Robbery Case Summaries
Article. Published: March 7, 2018
Robbery. A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force….
Storer v MCC 1974
Article. Published: March 7, 2018
In this case the defendant had made clear by their conduct and language that they intended to be bound upon the acceptance of the offer despite the fact that some terms remained to be agreed….
The Six Carpenters Case
Article. Published: March 7, 2018
Trespass – Stolen goods. Six carpenters (S) were served with wine and bread at a tavern which they paid for. S requested more wine and bread afterwards, of which they were served, by this time they refused to pay….
Savage and Parmenter
Article. Published: March 7, 2018
The foreseeability of the level of physical harm and subjective intent required for the crime of grievous bodily harm. In the first case, Ms. Savage threw beer over her husband’s ex-girlfriend in a bar. …
R v Turner (No 2) – 1971
Article. Published: March 7, 2018
Theft of a car which was in the possession and control of a garage. The Defendant (T) took his car to a garage for repairs. The repairs were completed by the garage and the car was left outside the garage on the road….
Damages and Remedies Case Summaries
Article. Published: March 7, 2018
A shipowner was held liable to a charterer in damages for loss of a cargo which had been caused by a combination of perils of the sea and the unseaworthiness of the ship….
Spurling v Bradshaw – 1956
Article. Published: March 7, 2018
Bradshaw alleged Spurling were negligent, and in breach of an implied term to take reasonable care of the barrels because they had left them……
Spartan Steel v Martin & Co
Article. Published: March 7, 2018
The Court of Appeal held that even where a plaintiff is clearly owed a duty in respect of physical damage to property, any ‘pure’ economic loss suffered in addition to physical damage are unrecoverable as either too remote, or outside the scope of the duty of care….
Shanshal v Al-Kishtaini
Article. Published: March 7, 2018
The claimant transferred 700,000 DM to the defendant in connection with a proposed business venture. Around $500,000 was returned by the……
Routledge v Grant 1828
Article. Published: March 7, 2018
The court held that the original letter did not bind the defendant to keep the offer open for a full six weeks, and as such it had been validly withdrawn by the defendant, and the claimant’s purported acceptance was ineffective….
R v Wood – 2008
Article. Published: March 7, 2018
The appellant, Woods, was an alcoholic who drank on average 4 to 5 litres of strong cider daily. After having drunk 2-3 litres of cider……
The Post Chaser – 1982
Article. Published: March 7, 2018
The sellers agreed to sell a quantity of palm-oil to the buyers who had contracted to sell this onto sub-buyers. A clause in the contract required the……
Scruttons Ltd v Midland Silicones Ltd – 1962
Article. Published: March 7, 2018
A drum filled with chemicals was shipped from the United States to the United Kingdom, as agreed by a bill of lading which included a clause……
Theft Case Summaries
Article. Published: March 7, 2018
Summaries of theft cases covering appropriation, property, belonging to another, the mens rea of theft, intention to permanently deprive, and intention to use or dispose of goods….
Re Farnol Eades Irvine & Co Ltd
Article. Published: March 7, 2018
The plaintiff was a debenture-holder who claimed, inter alia, forpayment of the amount secured, foreclosure or sale and appointment of a receiver and……
Stabilad Ltd v Stephens & Carter Ltd
Article. Published: March 7, 2018
S and SC began negotiations for the sale of rights in a device which stabilised ladders. SC sent S a document which provided……
SABIC UK Petrochemicals Ltd v Punj Lloyd Ltd – 2013
Article. Published: March 7, 2018
The legal relationship in this case was between SABIC and a company owned by Punj Lloyd Ltd – namely, Simon Carves Ltd. The latter had been contracted……
Taylor v Bowers – 1876
Article. Published: March 7, 2018
The defendant was a creditor of the plaintiff. The plaintiff made over all his stock-in-trade to a third party on the basis of fictitious bills of……
Scott v London St Katherine’s Dock
Article. Published: March 7, 2018
The claimant was a dockworker who was injured when large, heavy bags of sugar fell from the defendant’s crane and hit him. The claimant sued the defendant in the tort of negligence….
Smith & Snipes Hall Farm v River Douglas Catchment
Article. Published: March 7, 2018
The defendant was a catchment board and covenanted with the owner of land, which was subject to flooding. It did so on the basis that……
Stovin v Wise – 1996
Article. Published: March 7, 2018
The availability of a private law claim in negligence in respect of a failure of a local authority to comply with a public law discretion. A local authority was aware that a bank of land was obstructing the view at a junction where three accidents had occurred in the previous twelve years….
R v Warbuton
Article. Published: March 7, 2018
The facts of the victim’s death were disputed, however an expert witness gave evidence that he had died as a result of knife wounds, blunt force……
Scott v Avery – Arbitration
Article. Published: March 7, 2018
The respondent, Avery, took out a policy of insurance on a ship from the appellant. A clause in the policy stated that in the case of any……
Secretary of State for the Home Department v Rehman
Article. Published: March 7, 2018
The applicant was a Pakistani national who had been granted entry to the UK in order to work as a religious minister. After five years…….
Ruxley v Forsyth – Case Brief
Article. Published: March 7, 2018
Pool not built to specified depth; whether cost of re-instatement recoverable. Ruxley agreed to build a swimming pool at Forsyth’s home. The contract specified the depth of the pool was to be seven feet and six inches….
Southwark London Borough Council v Williams
Article. Published: March 7, 2018
The defendants were in need of housing, both having been forced to leave their current lodgings. The defendants sought the assistance of a squatters……
Tabcorp v Bowen Investments
Article. Published: March 7, 2018
Bowen Investments Pty Ltd (BIPL) constructed a new office building and installed an expensive high quality foyer. A 10-year lease of the whole building……
Silven Properties v RBS
Article. Published: March 7, 2018
The claimant was a property company which had several mortgaged properties with the defendant bank. The claimants defaulted……
Storey v Ashton – Case Summary
Article. Published: March 7, 2018
The defendant in this case, was a wine merchant who, in the course of employment, sent his clerk and his car man off with a horse and cart to make a……
Smith v Austin Lifts
Article. Published: March 7, 2018
The plaintiff was a fitter who was employed by the first defendants, who had contracted the second defendants to maintain a lift on their premises….
Reynolds v Times Newspapersu
Article. Published: March 7, 2018
The plaintiff was a former Taoiseach (Prime Minister) of Ireland. He began proceedings against a British newspaper publisher in relation……
R v Wilson – 1996
Article. Published: March 7, 2018
Consensual bodily harm between husband and wife. Alan Wilson was charged under s 47 of the Offences Against the Person Act 1861 for assault. He branded his initials into his wife’s buttocks with a hot knife….
The Case of Proclamations
Article. Published: March 7, 2018
In what turned out to be a landmark case concerning the Royal Prerogative, Sir Edward Coke (the Chief Justice of Common Pleas) was asked to express his opinion as to whether the monarch could prohibit new buildings or the making of wheat….
S Pearson v Dublin Corporation
Article. Published: March 7, 2018
The defendant provided the plaintiff with plans, drawings and specifications for the construction of work on a sewage system….
Summit Investment v BSC – 1987
Article. Published: March 7, 2018
The defendants chartered a ship from the plaintiff on a New York Produce Exchange form of time charter. Clause 20 of this charter provided……
Smith v Superintendent of Woking Police
Article. Published: March 7, 2018
The defendant entered the grounds of a private enclosed garden at 11 pm. He stood and looked through the window of Miss M’s bedroom. Miss M saw the defendant staring at her through the window while she was in her night closes, causing her to jump and scream in fright….
Stewart Gill Ltd v Horatio Myer – Case Summary
Article. Published: March 7, 2018
The Claimant and Defendant had a contract under which the Defendant purchased an overhead conveyor system from the Claimant….
St Albans City and District Council v International Computers
Article. Published: March 7, 2018
The appellant was the defendant company which had supplied computer software to the respondent, and for which the respondent had been awarded £1.3 million….
Stevenson, Jordan Harrison Ltd v MacDonald & Evans
Article. Published: March 7, 2018
Definition of an employee under a ‘contract of service’ for the purposes of determining the copyright of a work. An engineer wrote a book that used knowledge that he acquired whilst he was working for a firm in different capacities….
Sturges v Bridgman – 1879
Article. Published: March 7, 2018
The claimant, a doctor, moved house and on the premises, he bought and built a shed in his garden to carry out his private practice within. His shed was on the boundary of the property and happened to be next door to a confectioner….
R v Dudley and Stephens – 1884
Article. Published: March 7, 2018
The availability to the defence of necessity for murder. The two defendants and a boy between the ages of seventeen and eighteen were cast away in an open boat at sea following a storm….
R v Flatt
Article. Published: March 7, 2018
Flatt had a drug addiction and fell in debt to his supplier to the value of £1,500. The supplier had told the appellant to take possession of some drugs……
R v JF Alford Transport
Article. Published: March 7, 2018
The first defendant was a lorry operator transport company; the second defendant was its managing director while the third was the……
R v M (J) and Another – 2012
Article. Published: March 7, 2018
JM and SM had been involved in a fight with a few doormen in a nightclub. One of the doormen, who had no signs of health problems, had a renal artery aneurysm and died. JM and SM were charged with affray and manslaughter caused by an unlawful act (affray being the unlawful act). …
R v Olugboja
Article. Published: March 7, 2018
The defendant and the co-accused met the complainant and her friend at a discotheque and offered to take them home. However, the defendant……
R v Bree 2007
Article. Published: March 7, 2018
The defendant, Bree (B), visited his brother at University and went for an evening out with him and others, including the complainant (C). Both B and C consumed considerable quantities of alcohol, before returning to B’s brother’s home…
R v Ghosh – 1982
Article. Published: March 7, 2018
Meaning of dishonesty under the Theft Act 1968. The defendant, Ghosh, was a locum consultant at a hospital who falsely claimed to have carried out a surgical operation in order to claim money when in fact that operation had been carried out by someone else under the NHS…
R v Hasan [2005] 2 AC 467
Article. Published: March 7, 2018
Criminal law – Defence of Duress – Association with known criminal – Whether statement was a confession. Hasan was charged with the crime of aggravated burglary. He was associated with a gang and relied on the defence of duress….
