LawTeacher

LawTeacher
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Articles Published

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Articles by LawTeacher

R v Dica – 2004

Article. Published: March 7, 2018

Criminal – Assault Inflicting Grievous bodily harm – Transmitting disease through consensual sexual intercourse. The defendant, Mohamed Dica was charged with inflicting two counts of grievous bodily harm under s 20 of the Offences against the Person Act 1861….

R v Braham – 2013

Article. Published: March 7, 2018

The appellant, Braham, had been convicted of the rape and assault of the victim, who was his partner at the time. It was alleged that……

Manuel v Attorney General [1983] Ch 77

Article. Published: March 7, 2018

The Canada Act 1982 provides for a new procedure for amending the constitution of Canada under which the UK Parliament no longer has any role….

Metropolitan Police Commissioner v Charles

Article. Published: March 7, 2018

The defendant’s bank account was overdrawn and he had been warned by his bank manager not to write more than one cheque a day for more than £30….

R v Adomako – 1995

Article. Published: March 7, 2018

Dismissing Mr Adomako’s appeal, it was held that in cases of manslaughter by criminal negligence involving a breach of duty the ordinary principles of the law of negligence applied to ascertain whether the defendant had been in breach of a duty of care to the victim….

Nicolene v Simmonds – Summary

Article. Published: March 7, 2018

Nicolene Ltd ordered 3,000 tonnes of steel bars from Simmonds. The two parties had never done business before. The written agreement between……

Mason v Provident Clothing & Supply Co Ltd

Article. Published: March 7, 2018

The appellant was employed as a canvasser by the respondent. A restrictive covenant in the employment contract provided that the appellant could not……

Nunn v Dalrymple

Article. Published: March 7, 2018

The Dalyrymples contended they were protected tenants of the lodge. They argued they were paying rent, and held exclusive possession……

Parker v Clark – 1960

Article. Published: March 7, 2018

The Clarks were an elderly married couple. Mrs Parker was Mrs Clark’s niece, and Mr Clark suggested she and her husband move into their home with them. Mr Parker supported the idea but expressed concern that it would mean their selling their own house….

Pankhania v Hackney LBC

Article. Published: March 7, 2018

P brought a claim for damages for the misrepresentation at the point of sale by H, of commercial property that was used as a car park by NCP….

Merritt v Merritt – 1970

Article. Published: March 7, 2018

Husband agreed to transfer home to wife on separation; whether intention to create legal relations. Mr Merritt contended the agreement was a domestic arrangement between husband and wife and there was no intention to create legal relations……

R v ABCD – 2010

Article. Published: March 7, 2018

The defendants participated in an attack against a victim in the victim’s home. The attack was organised by an individual other than the ones who……

Lynch v Knight – Case Brief

Article. Published: March 7, 2018

Mr Lynch told Mr Knight that his wife was a liar, who took pleasure in causing disturbances, had been involved in immoral conduct before marriage……

OBG v Allan [2007] UKHL 21

Article. Published: March 7, 2018

OBC got into financial difficulties. The defendants were appointed as joint receivers. The receivers took control of the……

Pennyfeathers Ltd v Pennyfeathers Property

Article. Published: March 7, 2018

The key issues were whether the obligations of the second and third defendants as directors of the first claimant were superseded by the buy-out agreement AND……

London County Council v Cattermoles

Article. Published: March 7, 2018

A man was employed as a garage as a general garage hand, during which he would assist in moving cars out of the way of other cars……

Pinnel’s Case – 1602

Article. Published: March 7, 2018

Whether part payment of a debt can be good consideration. The defendant, Cole, owed the plaintiff, Pinnel, the sum of £8 10s. Pinnel sued Cole for recovery of the debt….

Pritchard v Briggs

Article. Published: March 7, 2018

The plaintiff was a tenant of the vendors. His lease contained an option to purchase the retained lands upon the death of both vendors….

Mohamud v WM Morrison Supermarkets plc

Article. Published: March 7, 2018

Mohamud had used a petrol station kiosk and approached a member of staff with a question. The employee responded in an aggressive manner and demanded that Mohamud leave immediately. …

R v B [2007] 1 WLR 1567

Article. Published: March 7, 2018

The defendant was accused of raping a victim outside of a nightclub. After his arrest, the defendant informed the custody officer……

Negligence in Public Policy Case Summaries

Article. Published: March 7, 2018

According to the ILEx Part 2 syllabus, candidates need to be aware of the continuing trend to restrict liability particularly for public bodies eg X v Bedfordshire County Council……

Pullman v Hill – 1891

Article. Published: March 7, 2018

The plaintiffs were two members of a partnership firm. They owned property in Borough Road, London which they had contracted to sell….

Miles v Forest Rock Granite

Article. Published: March 7, 2018

The defendant had brought some explosives onto his land and used them to blast rocks which had already been naturally occurring on his land….

Pitts v Hunt – 1991

Article. Published: March 7, 2018

The plaintiff was the pillion passenger on a motor cycle, involved in a collision with a vehicle driven by the second defendant……

Matthews v Ministry of Defence – Summary

Article. Published: March 7, 2018

Matthews was an electrical mechanic in the Royal Navy for some 13 years. Decades after his service ended he was diagnosed as having asbestos-related……

Mileform Ltd v Interserve Security Ltd

Article. Published: March 7, 2018

Mileform provided packaging, warehousing and the distribution of products for the defendant. M claimed that the parties had agreed……

Pharmaceutical Society v Boots – 1953

Article. Published: March 7, 2018

The defendant ran a self-service shop in which non-prescription drugs and medicines, many of which were listed in the Poisons List provided in the Pharmacy and Poisons Act 1933, were sold. …

Offord v Davies – 1862

Article. Published: March 7, 2018

The defendant, in this case, agreed to secure money to advance to a third party on discount for the space of twelve calendar months….

Nottingham Patent Brick v Butler – 1886

Article. Published: March 7, 2018

The owner of land divided it into thirteen plots and sold these to various buyers over a period of three years. The conveyances all contained covenants……

Luxor v Cooper – 1941

Article. Published: March 7, 2018

Luxor v Cooper assessed the agents right to remuneration where they have conducted work on behalf of the principal and there is either no formal contract or the contract is silent as to the level of remuneration to be paid….

Metropolitan Police Commissioner v Caldwell

Article. Published: March 7, 2018

The appellant had worked in a hotel and during this employment he developed a grudge against the hotel owner. This eventually came to the……

Murray v Ministry of Defence – 1988

Article. Published: March 7, 2018

Margaret Murray, M, was a suspect of aiding IRA, a prohibited organisation in Northern Ireland. D and five soldiers arrived at M’s house to arrest M at 7a. D ascertained M’s identity, assembled all the occupants of the house in one room, and searched the house….

McKew v Holland – 1969

Article. Published: March 7, 2018

In the course of his employment, the complainant had suffered injuries, which meant his left leg could give way underneath him. A few days after the incident and while in his recovery, the complainant tried to come down a set of steep steps, which did not have a handrail….

Lumley v Gye – 1853

Article. Published: March 7, 2018

Miss Wagner was an opera singer at Lumley’s theatre on a three month contract. Gye and Wagner made an agreement that Wagner would break her contract and refuse to sing at Lumley’s theatre….

Lonsdale v Howard & Hallam Ltd [2007] UKHL 32 HL

Article. Published: March 7, 2018

Case Summary of Lonsdale v Howard & Hallam Ltd [2007] UKHL 32 HL. Indemnity and compensation….

Malcolm Charles Contracts Ltd v Crispin

Article. Published: March 7, 2018

MCC, a contractor, submitted a tender to Crispin. The Parties undertook cost reduction exercises and proposed a JCT Standard Form of Building……

Price v Easton – 1883 – Case Summary

Article. Published: March 7, 2018

A declaration between the parties stated that X owed the plaintiff £3. As such, X agreed to complete work for the defendant in exchange for payment……

Phipps v Rochester Corporation – 1955

Article. Published: March 7, 2018

Two children passed across grassland which was part of a building site located on a housing estate that was in the process……

National Westminster Bank v Morgan – 1985

Article. Published: March 7, 2018

The defendants were a married couple who bought a house on mortgage. Their payments fell into arrears and the building society……

Nicklinson v Ministry of Justice 2014

Article. Published: March 7, 2018

This appeal is concerning the law in relation to assisted suicide and whether it contravenes with the European Convention on Human Rights (ECHR) Article 8 right to respect for private and family life. …

Musgrove v Pandelis

Article. Published: March 7, 2018

The Claimant rented rooms above a domestic garage in which the Defendant kept a car. The Defendant’s employee (his chauffeur) was instructed to clean the car and attempted to move it in order to carry out that instruction….

Massey v Midland Bank

Article. Published: March 7, 2018

Ms Massey owned a house. Her companion (although they did not live together), P, convinced to charge the house as security for an overdraft……

Phillips v Brooks Ltd – 1919

Article. Published: March 7, 2018

Phillips was a jeweller. The fraudster purchased a ring from the jeweller with a cheque and signed his name “Sir George Bullough” and provided this person’s address….

National Phonograph Company v Edison

Article. Published: March 7, 2018

The plaintiffs were manufacturers who sold wholesale goods to factors upon the terms of an agreement which provided that only factors…nati…

New Zealand Shipping v Satterthwaite – 1975

Article. Published: March 7, 2018

When performance of an existing duty to third party can be consideration. The appellants were stevedores engaged as independent contractors to unload machinery from a ship. The contract between the respondent machinery owners and the carriers contained a limitation clause….

Macarthys v Smith

Article. Published: March 7, 2018

The claimant, Ms Smith, was a factory employee of the defendants, Macarthys, for which she received a salary of £50 per week. She complained……

Market Investigations v Minister of Social Security

Article. Published: March 7, 2018

A woman was engaged by a market research company to act as an interviewer on a part-time basis. For each particular survey, she would conduct interviews……

New Hampshire Insurance v MGN

Article. Published: March 7, 2018

The dispute concerned a number of fidelity insurance contracts. The defendants were all insured companies within the Maxwell Group of companies….

Contract Law Misrepresentation Cases

Article. Published: March 7, 2018

The plaintiff purchased from the defendant two blocks of land for the purpose of sheep farming. During negotiations the defendant said that if the place was worked properly, it would carry 2,000 sheep….

Manchester Diocesan v Commercial

Article. Published: March 7, 2018

The complainants, Manchester Diocesan Council of Education, called for tenders relating to property. The defendant, Commercial and General Investments Ltd, submitted a tender offer to buy the property from the complainants….