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Articles by LawTeacher
Case Law on Duress by Threats
Article. Published: March 7, 2018
Duress by Threats. The general nature of the defence of duress is that the defendant was forced by someone else to break the law under an immediate threat of serious harm befalling himself or someone else, ie he would not have committed the offence but for the threat. Duress is a defence because…..
Dolphin Maritime v Sveriges – Summary
Article. Published: March 7, 2018
The Claimant was a cargo recovery agent and the Defendant was a Swedish P&I Club. The Claimant was engaged by an insurer to recover cargo….
Gravy Solutions Ltd v Xyzmo Software
Article. Published: March 7, 2018
Gravy sought to impose a freezing injunction against a company related to Xyzmo (called Z), after commission Gravy alleged to have earned was not paid and neither was the principal sum….
Dutton v Poole Case
Article. Published: March 7, 2018
A son made a contract with his father for his father to not cut down an oak woodland. As consideration for this, the son would make a payment……
Greig v Insole – 1978
Article. Published: March 7, 2018
A private sports promoter entered into contracts with leading cricketers for a series of test matches. The international cricketing governing body (ICC)……
Harvey v ADI Ltd
Article. Published: March 7, 2018
Harvey (H) refurbished some properties owned by ADI (A). The architects working on behalf of A provided tender documents which were based……
Hartley v Ponsonby – (1857)
Article. Published: March 7, 2018
When performance of an existing duty can be consideration.. The defendant, Ponsonby, was captain of a ship on which the plaintiff was a sailor. The sailors contracted to serve on board the ship for a maximum of three years to any ports required until her return to the UK….
Darlington BC v Wiltshier Northern
Article. Published: March 7, 2018
The agreement between WNL and the finance company stipulated that all rights and causes of action against WNL were assigned to DBC. DBC brought……
Fagan v Metropolitan Police Commissioner
Article. Published: March 7, 2018
Fagan v MPC case summary. Actus reus – assault of policeman – car driven on to policeman’s foot. Fagan was sat in his car when he was approached by a police officer who told him to move the vehicle. …
Douglas v Hello Ltd
Article. Published: March 7, 2018
The Douglases were a celebrity couple who sold exclusive photography rights of their wedding to OK! Magazine. An unauthorised freelance photographer gained access to the wedding and sold pictures to Hello! Magazine, a rival competitor….
Hoenig v Isaacs – 1952
Article. Published: March 7, 2018
The performance of a contract and the right to terminate for repudiatory breach. A contract was concluded for the redecoration of a one-room flat for the lump sum of £750. Upon completion, there remained an outstanding of balance of £350 for the contractor’s work and labour….
Director of Public Prosecutions for Northern Ireland v Maxwell
Article. Published: March 7, 2018
The defendant was a member of the UVF, an organisation carrying out attacks on Roman Catholics by the use firearms and bombs….
Fairclough v Swan Brewery Co Ltd
Article. Published: March 7, 2018
The appellant bought a hotel from a vendor who held the hotel under a lease which was due to expire in June 1925. The property was mortgaged……
Darlington Futures v Delco – Summary
Article. Published: March 7, 2018
The issue in this case was the validity of both the limitation and exclusion clauses, as well as the court’s approach to ambiguity in both types……
Doyle v Olby – 1969
Article. Published: March 7, 2018
The complainant, Mr Doyle, decided to purchase an Ironmonger’s business from the defendants, Olby (Ironmongers) Ltd. He purchased the business for……
Grainger & Son v Gough 1896
Article. Published: March 7, 2018
The defendant wine merchant circulated a catalogue which contained a price list for its products. The claimant ordered a number of bottles of wine from the catalogue and, when the defendant refused to deliver these at the stated price, alleged that a contract had been formed….
Day v Savadge
Article. Published: March 7, 2018
Day sued Savadge for trespass after the latter took away a bag of nutmegs. Savadge claimed that it was customary in London for people……
Dickinson v Abel
Article. Published: March 7, 2018
The taxpayer received this money despite not offering any services in relation to the eventual sale….
Hanina v Morland – 2000
Article. Published: March 7, 2018
The respondent in this case was tenant in a premises in a house, the freeholder of which had granted a 99 year lease of the first……
Dunlop v Selfridge – 1915
Article. Published: March 7, 2018
Contract law – Construction of contract – Consideration. Dunlop was a tire manufacturer who agreed with their dealer to not sell the tires below a recommended retail price (RRP)….
Haseldine v C.A. Daw
Article. Published: March 7, 2018
The case involved a hydraulic lift which was used to access the upper floor flats of an apartment block which were rented out to tenants. The landlord remained in occupation of the lift and had insurance against third party risks in the course of using the lift….
Hollier v Rambler Motors – 1972
Article. Published: March 7, 2018
Hollier claimed the garage had been negligent and in breach of the implied term that they would take reasonable care of his car….
Easat Antennas Ltd v Racal Defence Electronics Ltd
Article. Published: March 7, 2018
E was a niche, specialist electronic company which worked alongside R to win a communications contract with the Ministry of Defence….
Exclusion Clause Case Summaries
Article. Published: March 7, 2018
Contract law exclusion clause cases including incorporation, interpretation and unfair contract terms. The plaintiff bought a cigarette machine for her cafe from the defendant and signed a sales agreement, in very small print, without reading it. …
Esso Petroleum v Harper’s Garage
Article. Published: March 7, 2018
The appellant entered into two agreements for the supply of motor fuel to the respondents. The respondents agreed to a tie-in agreement not to resell……
Dooley v Cammell Laird – 1971
Article. Published: March 7, 2018
The claimant (C) was a crane operator working for the defendant (D). C was loading cargo from a quay onto a ship when the rope carrying the load snapped….
Gillick v West Norfolk AHA
Article. Published: March 7, 2018
Gillick was a landmark decision which raised a number of complex legal issues. The House of Lords were called upon to resolve, first and foremost, the extent of the parental right to control a minor child and when, and indeed whether, such a minor could receive contraceptive advice….
Green v Green [2003] UKPC 39
Article. Published: March 7, 2018
The complainant and defendant met when they were both married to another partner. In 1973, they formed a relationship and later had two children….
Evenden v Guildford City
Article. Published: March 7, 2018
Evenden was made redundant by the football club. He then claimed for redundancy pay under the Redundancy Payments Act 1965 for his years of employment……
Harris v Birkenhead Corp
Article. Published: March 7, 2018
Harris was an infant plaintiff who brought an action against Birkenhead Corporation for damages for the personal injury she had……
Gamerco SA v ICM
Article. Published: March 7, 2018
Gamerco were promoters who entered into an agreement to promote a concert in Madrid with the defendants, the corporate persona of the band……
Ghaidan v Godin-Mendoza
Article. Published: March 7, 2018
Succession by a homosexual partner to a statutory tenancy under the Rent Act 1977. Ghaidan v Godin-Mendoza [2002] EWCA Civ 1533; [2004] UKHL 30. Succession by a homosexual partner to statutory tenancy…
Henthorn v Fraser – 1892
Article. Published: March 7, 2018
The complainant and the defendant had been negotiating the purchase price of houses. An original offer to buy the houses for £600 had been rejected. …
DPP for Northern Ireland v Lynch
Article. Published: March 7, 2018
On the 29th January 1972, the appellant was instructed by members of the IRA to drive them to a specific location in Belfast. One of the men in the car……
Durham Tees Valley Airport v Bmibaby
Article. Published: March 7, 2018
Bmibaby entered an agreement to operate two aircraft from Durham Tees Valley Airport (DTVA) in 2004. The contract was to continue for a 10-year term……
Esso Petroleum v Mardon – 1976
Article. Published: March 7, 2018
The Court of Appeal held that the contract could not be voided for misrepresentation as the defendants presented the inflated figure as an estimate rather than as a hard fact….
Farley v Skinner – 2001
Article. Published: March 7, 2018
Farley instructed Skinner to prepare a survey on a property he was considering purchasing. The property was 15 miles from an airport……
Hickman v Kent or Romney Marsh Sheep-Breeders’
Article. Published: March 7, 2018
A Short Case Summary of Hickman v Kent or Romney Marsh Sheep-Breeders’ Association [1915] 1 Ch 88 and Outsider Rights…
Day Morris Associates v Voyce – 2003
Article. Published: March 7, 2018
Ms Voyce denied that she had entered into this agreement for commission, as she had not signed any contract with the complainants….
Glasgow Corporation v Taylor – 1922
Article. Published: March 7, 2018
The father of a seven-year-old boy sued the Glasgow Corporation for damages following the death of his son who died as a result of eating berries from a poisonous plant that was growing in the Botanic Gardens in Glasgow….
Hinds v The Queen – Case Summary
Article. Published: March 7, 2018
By the Gun Court Act 1974 the Parliament of Jamaica established a new court, the Gun Court, to try “firearms offences.” The Act provided for three divisions of the court; the Circuit Court Division and the Resident Magistrate’s Division….
Edwin Hills v First National Finance
Article. Published: March 7, 2018
Edwin Hills (EHP) was an architecture firm contracted by L. Co, who owned a property that was heavily mortgaged to First National……
Entick v Carrington (1765) 19 St Tr 1030
Article. Published: March 7, 2018
Case Summary of Entick v Carrington (1765) 19 St Tr 1030. Government officials cannot enter private premises without legal authority….
The Hannah Blumenthal 1983 – Summary
Article. Published: March 7, 2018
A contract was made for the sale of a ship. A dispute arose between the parties regarding alleged defects. The dispute was referred to……
George Mitchell v Finney Lock Seeds – 1983
Article. Published: March 7, 2018
The Claimant (George Mitchell) and the Defendant (Finney Lock Seeds Ltd) entered into an agreement where the Defendant would supply the Claimant with 30lb of Dutch winter cabbage seed….
FERNANDO AUGUSTO MEGALHAES DIAS
Article. Published: March 7, 2018
FERNANDO AUGUSTO MEGALHAES DIAS. This appeal raises a short but important point about the offence of manslaughter by an unlawful and dangerous act….
Harris v Nickerson
Article. Published: March 7, 2018
The defendant was an auctioneer who had advertised in the London papers that certain brewing materials, plant, and office furniture would be sold by him by auction at Bury St. Edmunds over a period of three specified days. …
Grow With Us v Green Thumb
Article. Published: March 7, 2018
Grow With Us Ltd entered into a franchise agreement with Green Thumb to set up a lawn treatment business in accordance with Green Thumbs methods……
F v West Berkshire Health Authority
Article. Published: March 7, 2018
Declaration of legality, performing operation on patient incapable of giving consent. The case concerned a 36 year old woman who however had the mental age of a minor. …
Donoghue v Stevenson Case Summary
Article. Published: March 7, 2018
Donoghue v Stevenson, a Scottish dispute, is a famous case in English law which was instrumental in shaping the law of tort and the doctrine of negligence in particular. …
