LawTeacher

LawTeacher
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Articles by LawTeacher

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….

Morris v Murray – 1991

Article. Published: March 7, 2018

After drinking alcohol the whole afternoon, the plaintiff and his friend decided to go on a flight in the friend’s light aircraft. The plaintiff drove a……

Murder and Unlawful Killing Cases

Article. Published: March 7, 2018

Murder is a crime of specific intent. Intention in this context includes direct or oblique intent. Direct intent covers the situation where the defendant desired the death. Oblique intent covers the situation where the death is foreseen by the defendant as virtually certain, although not desired for its own sake….

Nettleship v Weston 1971

Article. Published: March 7, 2018

Case Summary of Nettleship v Weston [1971] 2 QB 691. The case of Nettleship v Weston1 concerned the concept of a duty of care which is a fundamental element of the tort of negligence….

Mersey Docks and Harbour Board v Cameron

Article. Published: March 7, 2018

Historically, municipal docks were immune from the rates typically payable by docks to the Crown as a result of their connection……

Orchard v Lee – 2009

Article. Published: March 7, 2018

The claimant was a school dinner lady acting as a supervisor in a children’s playground. She sustained injuries when a 13-year-old boy ran backwards……

Monarch Airlines v London Luton Airport

Article. Published: March 7, 2018

The Claimant airline had one of its planes damaged by a loose paving stone, while taxing on the runway of the airport operated by the Defendant….

Pursell v Horn – 1838

Article. Published: March 7, 2018

In this case the defendant threw water on the claimant and got both the claimant and the claimant’s clothes, wet. The claimant started an action for……

Parkinson v College of Ambulance – Case Summary

Article. Published: March 7, 2018

The defendant, Harrison, was secretary of the College of Ambulance, a charity. He told the plaintiff, Colonel Parkinson, that he could procure a……

Old Gate Estates Ltd v Toplis

Article. Published: March 7, 2018

A block of flats was to be purchased by the promoters of the claimant’s company. During the promotion of the company and……

Ogwo v Taylor – Case Brief

Article. Published: March 7, 2018

The defendant had negligently started a fire at his home by using a blow torch on the fascia boards whilst attempting DIY home improvements….

Othman v UK 2012 Case Summary | Abu Qatada

Article. Published: March 7, 2018

Othman (Abu Qatada) v United Kingdom (UK) (2012) 55 EHRR 1, 189. Deportation and the European Convention on Human Rights (ECHR)….

Osman v UK

Article. Published: March 7, 2018

Case Summary of Osman v United Kingdom (UK) Case No: 87/1997/871/1083. Mrs Mulkiye Osman was born in Cyprus in 1948 and her son, Ahmet Osman, was born in England in 1972….

Overstone v Shipway

Article. Published: March 7, 2018

A hirer of a vehicle paid no monthly rental fee as agreed by the parties, after having paid the deposit and taken delivery of the motor vehicle….

Purton v Kilker Projects

Article. Published: March 7, 2018

When Mr Purton submitted his final bill for approximately £147,000, KPL failed to pay it. Mr Purton referred the matter for adjudication and the……

Notting Hill Housing Trust v Brackley

Article. Published: March 7, 2018

A married couple held a periodic tenancy on a property as joint tenants, which could be terminated with the provision of four months notice….

Poussard v Spiers

Article. Published: March 7, 2018

Breach of condition of a contract. The Claimant (Poussard) was an opera singer. She was contracted by the defendant to perform in that capacity for a duration of three months. The issue in this case was whether failing to turn up to the first day of performance amounted to a breach of a condition of the contract….

Port Jackson Stevedoring v Salmond & Spraggon

Article. Published: March 7, 2018

Goods were unloaded from a ship at a wharf and stored in a near shed which was under the control of the wharf’s stevedore. Thieves dishonestly claimed that……

R v Ahluwalia – 1992

Article. Published: March 7, 2018

The definition in R v Duffy [1949] 1 All ER 932 as “sudden and temporary loss of control” is still good law as it is a readily understandable phrase. However, in cases of abused wives, the harmful act is often a result of a “slowburn” reaction, rather than immediate loss of self-control. …

Pickstone v Freemans plc

Article. Published: March 7, 2018

The claimant, Ms Pickstone, was an employee of the defendants, Freemans, where she worked as a warehouse operative and received a salary……

Murphy v Brentwood District Council

Article. Published: March 7, 2018

The defendant local authority had negligently approved plans for the footings of a house (a task which fell within its responsibility in accordance with the provisions of the Public Health Act 1936). The claimant purchased the property, but some time afterwards it began to subside as a result of defects in the footings….

Nimmo v Alexander Cowan and Sons Ltd

Article. Published: March 7, 2018

An employee of a factory was unloading railway wagons filled with bales of pulp for which he was required on some bales….

Cases on Mens Rea 2

Article. Published: March 7, 2018

Cases on Mens Rea 2. The defendant struck a blow with his belt at Horace Chapple which recoiled off him, severely injuring an innocent bystander. The defendant was convicted of maliciously wounding the victim……

Morales v Eccleston

Article. Published: March 7, 2018

The defendant, Ecclestone, was driving at 20 mph along in a traffic stream along a road that was 30 feet wide. The plaintiff, Morales, who as……

Massey v Boulden – 2002

Article. Published: March 7, 2018

The case revolved around an open green space close to a public highway between Bilsington and Hythe, known as the Pinn, as well as adjacent land……

Pioneer Container Case

Article. Published: March 7, 2018

The claimant was a cargo owner who contracted with a carrier to ship the cargo. Per the bills of lading, the claimant granted the carrier authority to……

Parker v South Eastern Railway

Article. Published: March 7, 2018

Deposit of bag in railway cloak room; effect of exclusion clause on ticket and on notice. Parker paid to leave his bag in the cloakroom of South Eastern Railway (SER). There was a notice within the cloakroom stating that SER would not be responsible for any deposits exceeding £10. in value….

Lonrho v Fayed

Article. Published: March 7, 2018

Lonrho were acquiring a company, and were awaiting permission from the Monopolies and Mergers Commission. Fayed and three other defendants……

Platform Funding Ltd v Bank of Scotland

Article. Published: March 7, 2018

A surveyor was instructed by a mortgage lender to inspect and value property on 1 Bakers Yard offered by a borrower as the security for a loan….

McInerny v Lloyds Bank Ltd – 1974

Article. Published: March 7, 2018

The defendant bank made arrangements for one party’s (T) commercial credit to facilitate the purchase of companies belonging to another party (P). P was to take bills of exchange in instalments over six years to pay for the price of the purchase….

Parents and Children Case Notes | Family Law Study Area | Law Teacher

Article. Published: March 7, 2018

Parents and Children Case Notes. The relationships between children and parents are complex. In different contexts, the word ‘parent’ can include biological parents (married or unmarried), step-parents, adoptive parents, foster……

R v A (No.2)

Article. Published: March 7, 2018

In dismissing the appeal, the Court held that s.41(3)(c) of the 1999 Act should be construed, where necessary, by having regard to the interpretative obligation under s.3 of the 1998 Act and by giving adequate consideration to the need to protect a complainant from indignity and the possibility of humiliating questioning…

Partridge v Crittenden – 1968

Article. Published: March 7, 2018

Facts in Partridge v Crittenden. The defendant advertised for sale a number of Bramblefinch cocks and hens, stating that the price was to be 25 shillings for each. Under the Protection of Birds Act 1954, it was unlawful to offer for sale any wild live bird….

Moeliker v A Reyolle – 1977

Article. Published: March 7, 2018

The claimant had been apprenticed to the defendant company when he was a teenager and had been employed by them ever since….

McFarlane v EE Caledonia Ltd

Article. Published: March 7, 2018

The claimant (C) was on board a vessel which was called upon to attend to the serious fire that had broken out on the oil rig……