LawTeacher

LawTeacher
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Articles by LawTeacher

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……

Meretz investments v ACP

Article. Published: March 7, 2018

The claimants (M and B) brought an action against the defendants (X, F and T) in connection with the purported sale by F to T of a long lease of a partially completed penthouse development on the roof of a block of flats….

McCann and Others v UK – 1995

Article. Published: March 7, 2018

The applicants lodged an application with the Commission on 14 August 1991, on the grounds that the deaths of Daniel McCann, Mairead Farrell and Sean Savage by members of the SAS were in violation of Article 2 of the ECHR;…

Mens Rea Intention Table | Law Essays

Article. Published: March 7, 2018

DECISION ON HOW INTENTION IS TO BE ESTABLISHED…

Oscar Chess v Williams – 1957

Article. Published: March 7, 2018

The steps to be taken in identifying a warranty. The defendants sold a Morris car to the claimants, who were motor traders, for £290. The defendants provided a copy of the vehicles first registration indicating that the car was first registered in 1948….

Morgan Crucible v Hill Samuel

Article. Published: March 7, 2018

The plaintiffs were bidding to take over a third party company, which was being advised by the defendants. During the bidding process, the defendants made a number of negligent misrepresentations to the third party company, which resulted the plaintiffs suffering a loss….

Oxford v Moss – 1979

Article. Published: March 7, 2018

The defendant (M) was a civil engineering student who dishonestly obtained the proof of an examination paper. After he had read……

R v Abdul Hussain

Article. Published: March 7, 2018

Abdul Hussain and the other defendants, in this case, where Shia Muslims that had fled the Iraqi regime to live in Sudan….

Mariola v Lloyd’s Register of Shipping

Article. Published: March 7, 2018

A ship known as the ‘Morning Watch’ had been issued a class certificate by the defendant, Lloyds Register of Shipping, despite the fact that it had a……

Paris v Stepney Borough Council

Article. Published: March 7, 2018

Paris v Stepney BC. Because the claimant had sight only in one eye, there was a strong potential that the harm would be particular great: more so than would be inflicted on a normally-sighted person. This meant that a reasonable person would take greater steps than usual to protect him….

R (Gentle) v Foreign Secretary

Article. Published: March 7, 2018

The claimants were the mothers of two British servicemen killed serving in Iraq. Inquests were to be held into the circumstances……

McGowan v Radio Buxton Case

Article. Published: March 7, 2018

Ms. McGowan participated in a competition on a radio station for which the advertised prize was claimed to be a Renault Clio car….

Luxmoore May v Messenger

Article. Published: March 7, 2018

The Court of Appeal held that the standard of care owed by auctioneers was to give a considered opinion as to the value of the goods….

Mulcahy v Ministry of Defence – 1996

Article. Published: March 7, 2018

The plaintiff was a soldier serving for the British Army in the Gulf War and was part of the team manning a howitzer. His unit was deployed in Saudi Arabia……

Peekay Intermark v Australia and New Zealand

Article. Published: March 7, 2018

B, the appellant, was a bank. P was a company that worked as an investment vehicle, operated by its shareholders and was the first respondent….

The Oropesa – 1943 – Case Summary

Article. Published: March 7, 2018

There were storms out at sea and a collision happened between two ships, the Oropesa and the Manchester Regiment. In the incident, the Manchester……

Melluish v BMI

Article. Published: March 7, 2018

The appellant company provided equipment, such as central heating and crematoria equipment, for local authorities to use in their properties….