LawTeacher

LawTeacher
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Articles by LawTeacher

McWilliams v Sir Arrol

Article. Published: March 7, 2018

The claimant was an experienced steel erecter who fell 70 feet to his death from a steel tower he was working on. His employer had failed to……

MacCormick v Lord Advocate

Article. Published: March 7, 2018

The claimants, MacCormick and Hamilton, brought an action against the Crown in Scotland which contested Queen Elizabeth using the title……

Quinn v Leathem – 1901

Article. Published: March 7, 2018

Leathem, a butcher, had employees who did not belong to the Belfast Butchers’ Association (BBA). After experiencing some difficulties, he asked……

ParkingEye v Somerfield Stores

Article. Published: March 7, 2018

The appellant, Somerfield, was a supermarket who contracted for the respondent, ParkingEye, to install and operate a monitoring system in….

Monarch Steamship v Karlshamns – 1949

Article. Published: March 7, 2018

Karlshamms Oljiefabriker (KO) entered a contract in April 1939 with Monarch Steamship Co (MSC) to transport beans to a specific port….

Lonrho v Shell Case Summary

Article. Published: March 7, 2018

Shell operated an oil refinery in Southern Rhodesia (SR). Lonrho constructed a pipeline from a port in Mozambique where oil……

Pape v Cumbria County Council

Article. Published: March 7, 2018

Ms Pape was employed as a part-time cleaner by the defendant council. The council had provided their employees with rubber gloves, but the employees were……

Medforth v Blake

Article. Published: March 7, 2018

In 1984 the defendants were appointed as receivers over the pig-farming business of the plaintiff. After the receivership had ended……

Mbasogo v Logo Ltd – Summary

Article. Published: March 7, 2018

The action was launched by the President of the Republic of Equatorial Guinea and related to an alleged coup d’etat against the President and his……

MRI Trading AG v Erdenet

Article. Published: March 7, 2018

By a contract governed by an English choice of law clause a Mongolian mining company, Erdenet, and a Swiss trading company……

Pym v Campbell – 1856

Article. Published: March 7, 2018

Pym and Campbell signed a written agreement wherein Campbell agreed to purchase three-eighths of the profits to accrue from Pym’s new invention….

Performance Cars v Abraham

Article. Published: March 7, 2018

Here, the defendant, Abraham, had caused a motor accident with the claimant as a result of his own breach of reasonable duty….

Miller v Miller: McFarlane v McFarlane

Article. Published: March 7, 2018

Miller v Miller: McFarlane v McFarlane is a conjoined appeal case regarding financial provision offered in circumstances of divorce. The law with regards to financial provision has undergone extensive developments in order to accommodate cultural changes…

Nordenfelt v Maxim Nordenfelt Guns and Ammunition Co Ltd

Article. Published: March 7, 2018

Whether restraint of trade clauses are unlawful. The appellant, Thorsten Nordenfelt, was a Swedish gun manufacturer with a valuable, world-wide business. …

Meates v Westpac Corp

Article. Published: March 7, 2018

Mr. Meates was a businessman who supported the campaign of the leader of the New Zealand Labour Party in 1972. Throughout the elections……

Negligence Causation Cases

Article. Published: March 7, 2018

Negligence Causation Cases. The plaintiff was a police dog handler. In 1987 he had been involved in a serious and frightening criminal incident. In 1993 an accident involving the……

Case Summary: Monmouth BC v Marlog, The Times

Article. Published: March 7, 2018

A case summary for LawTeacher.net regarding Monmouth BC v Marlog, The Times (4 May 1994), covering matters of the intention to create legal relationships in tenancy arrangements….

Pao On v Lau Yiu Long – Past Consideration

Article. Published: March 7, 2018

The plaintiffs (P) owned the shares of a private company which owned a building that the defendants (D) wanted to buy. The defendants were majority shareholders in a public company. P agreed to sell their shares in the private company to D so that D could acquire the building…

Monson v Tussauds Ltd

Article. Published: March 7, 2018

The claimant was tried for murder by gunshot in Scotland for which the jury returned a verdict of “not proven”. The defendants exhibited wax figures of……

McRae v Commonwealth Disposals Commission

Article. Published: March 7, 2018

The complainant, McRae, won a tender from the defendants, Commonwealth Disposals Commission, to retrieve an oil tanker that was on Jourmaund Reef near Samarai. However, when the complainant went to the location, after laying out significant expenses for the salvage, they discovered that in fact there was no oil tanker….

Mackay v Dick – 1881

Article. Published: March 7, 2018

Mr. Mackay was a contractor for the construction of a railway branch line of Carfin Cutting, who concluded a contract of……

Miller | Criminal Law Case | Law Teacher

Article. Published: March 7, 2018

Miller. The actus reus of the offence of arson, contrary to s 1(1) and (3)a of the Criminal Damage Act 1971……

North Ocean Shipping v Hyundai

Article. Published: March 7, 2018

Duress; contract validity; economic pressure. Shipbuilders Hyundai Construction (HC) agreed to build a tanker for North Ocean Shipping (NOS) for a fixed price, which was to be paid in five instalments, in US dollars. …

Ocean Chemical Transport Inc v Exnor Craggs – 2000

Article. Published: March 7, 2018

OCT claimed EC had breached the implied term to provide quiet and unencumbered possession of the bunkers contrary to s12 Sale of Goods Act 1972….

Popiw v Popiw

Article. Published: March 7, 2018

Mr Popiw contended the arrangement was a domestic agreement between husband and wife and there had been no intention to create legal relations and……

Osman v Ferguson – 1993

Article. Published: March 7, 2018

P, a school teacher, formed an unhealthy attachment to a 15-year-old male pupil. P repeatedly harassed the pupil. In May 1987, P changed his surname……

Peck v UK – 2003

Article. Published: March 7, 2018

Release of CCTV footage of suicidal man breached Article 8 ECHR. The applicant was captured on CCTV as he carried a large knife and was in the process of attempting suicide….

M v Home Office [1994] 1 AC 377

Article. Published: March 7, 2018

Asylum; judicial review; contempt. M was a citizen of Zaire (now Democratic Republic of the Congo) who arrived in the UK seeking asylum. His repeated applications were rejected, as were his applications for judicial review….

O’Brien v MGN Ltd – Case Summary

Article. Published: March 7, 2018

Mr O’Brien’s claim was unsuccessful. The contractual rules had been successfully incorporated into the agreement by reference on the day……

Norfolk Constabulary v Seekings

Article. Published: March 7, 2018

The defendants, Seekings and Gould, were convicted of attempted burglary of two articulated lorry trailers that were being used……

Progress Bulk Carriers v Tube City – Summary

Article. Published: March 7, 2018

The dispute arose out of the sale of a load of shredded scrap that the charterers (hirers of a cargo ship) had to ship to China from Mississippi….

Miller v Jackson – 1977

Article. Published: March 7, 2018

Case Summary of Miller v Jackson [1977] 1 QB 966. Nuisance in tort law and the defence of coming to the nuisance. The case of Miller v Jackson1 is a case on nuisance. The tort of nuisance provides that there will be a remedy where an indirect and unreasonable interference to land has occurred….

Prest v Petrodel

Article. Published: March 7, 2018

Since Salomon v Salomon,1 it has been well established in UK law that a company has a separate personality to that of its members, and that such members cannot be liable for the debts of a company beyond their initial financial contribution to it….

Cases on Preliminary Crimes

Article. Published: March 7, 2018

Preliminary Crime Case Summaries. The defendant members of the ‘National Front’ had conducted a campaign against a Mr and Mrs W (a white couple) fostering black children….

Olley v Marlborough Court Hotel

Article. Published: March 7, 2018

Validity of notice in hotel room purporting to exclude liability for lost or stolen articles. Olley contended the hotel were negligent in failing to appropriately safeguard the keys to guest rooms….

Offer-Hoar v Larkstore Ltd – 2006

Article. Published: March 7, 2018

Larkstore purchased a site for development. The seller of the land had commissioned a soil inspection report from Technotrade……

National Westminster Bank v Skelton

Article. Published: March 7, 2018

The claimant bank sought repossession of the defendants’ dwelling house in terms of a legal mortgage. The mortgage in favour of the bank was as……

Lowery v Walker – 1911

Article. Published: March 7, 2018

The defendant was the owner of a savage horse which he knew had the potential to cause damage to other individuals and without warning; he placed into a field to graze, knowing that members of the public cross on their path to a local railway station….

Pyrene Co Ltd v Scindia Navigation Co Ltd

Article. Published: March 7, 2018

The owners of the ship admitted liability but argued their liability would be limited by the Hague Rules, Article 4 (5)….

Parmiter v Coupland – 1840

Article. Published: March 7, 2018

The claimant was the late mayor of Winchester. A series of libels were published of him in a local newspaper between November 1938 and March 1939……

Owens v Brimmell – 1977

Article. Published: March 7, 2018

The plaintiff and the defendant were friends and the defendant often gave a lift to the plaintiff. One night, they bought went out……

Makdessi v Cavendish Square Holdings

Article. Published: March 7, 2018

The first case, Makdessi, involved the sale of a controlling interest in a marketing company where the defendant agreed to sell his stake to the claimant. In the second case, ParkingEye, the defendant parked his vehicle in a shopping centre which was privately owned and managed by the claimant….

Nisshin Shipping v Cleaves – Case Brief

Article. Published: March 7, 2018

Cleaves negotiated nine time charters on behalf of Nisshin. The contract between Cleaves and Nisshin stated that Cleaves was to receive a……

McGhee v National Coal Board – 1973

Article. Published: March 7, 2018

To satisfy causation, a claimant need only prove that the negligent behaviour most likely made a material contribution to the injury. The claimant, McGhee, contracted a skin condition (dermatitis) in the course of his employment with the defendant, the National Coal Board….

Potton Developments v Thompson

Article. Published: March 7, 2018

The claimants acted as distributors for a company which produced individual box units. The units were designed to be used by public houses……

Palk v Mortgage Services Funding – 1993

Article. Published: March 7, 2018

In 1990 A borrowed £300,000, secured by a mortgage over the house he owned jointly with his wife, B. A’s company then went into insolvent liquidation….

Malone v Laskey – 1907

Article. Published: March 7, 2018

The claimant lived in a house belonging to her husband’s employer.  The claimant’s husband was a tenant, and she had a license to live at the property.  Whilst using the lavatory, the cistern was dislodged by vibrations caused by the next-door neighbour’s electricity generator, which fell on her causing her injuries….

Participation Case Summaries

Article. Published: March 7, 2018

Cases on participation. The defendant had deliberately given false information to the book-keeper of the company for which he worked, knowing that it would be entered into the accounts. As the book-keeper had innocently entered the wrong information, the defendant was convicted as the principal on a charge of falsifying the accounts….

Contract Law Mistake Case Summaries

Article. Published: March 7, 2018

Mistake Cases covering common mistake, unilateral mistake, and mutual mistake contract law case summaries….

Perry v Suffields – 1916

Article. Published: March 7, 2018

The seller offered to sell a house with vacant possession for a price of £7,000. This offer was accepted by the buyer immediately……