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Articles by LawTeacher
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….
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….
