LawTeacher

LawTeacher
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Articles by LawTeacher

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. …

First National Bank v Syed – 1991

Article. Published: March 7, 2018

The defendants fell into mortgage arrears in relation to their family home. The plaintiffs obtained an order for possession….

Hill v CA Parsons Ltd – 1972

Article. Published: March 7, 2018

The defendant, an engineering company, agreed with a trade union that after 12 months, their technical staff would become members of the trade union….

Hannaford v Selby – 1976

Article. Published: March 7, 2018

The defendants, the Selby family, were the parents of the complainant, Mrs Hannaford. The Hannaford family bought property……

Dennant v Skinner and Collom [1948] 2 KB 164 (KBD)

Article. Published: March 7, 2018

Case Summary of Dennant v Skinner and Collom [1948] 2 KB 164 (KBD). Establishing the general position in inter praesentes….

Hardwick Game Farm v Suffolk Agricultural Poultry Producers Association

Article. Published: March 7, 2018

The wholesalers had purchased the supplies from two parties on their standard terms, which purported to exclude liability for latent defects….

Hodgson v Trapp – 1989

Article. Published: March 7, 2018

The claimant suffered extensive injuries as a result of the defendant’s negligence, as a consequence of which he was unable to take care of himself….

DPP v Smith – 1961

Article. Published: March 7, 2018

Whether mens rea for murder is subjective or objective. Jim Smith (S) was ordered by a police constable to stop his car which contained stolen goods, however S accelerated instead….

Donnelly v Joyce – 1974

Article. Published: March 7, 2018

As a child, the plaintiff sustained injuries to his right leg in a road traffic accident which was the defendant’s fault. Although the leg was not broken……

Elder Dempster v Paterson Zochonis

Article. Published: March 7, 2018

An action in tortious negligence was brought against a ship owner for failing to properly store cargo. In response, the ship owner attempted to rely……

Holman v Johnson – 1775

Article. Published: March 7, 2018

Agreement for the sale of tea at Dunkirk valid and value of tea recoverable. The plaintiff sold and delivered a quantity of tea to the defendant knowing that the defendant intended to smuggle it into England (without paying the relevant duty)….

Gunthing v Lynn – 1831

Article. Published: March 7, 2018

The court held that the condition to pay $5 extra for the horse if it was lucky, was deemed to be too vague to create a binding contract between the parties. The words contained in an agreement must be clear so that the parties can be sure of the terms upon they are contracting….

Enfield Technical v Payne; Grace v BF Components

Article. Published: March 7, 2018

Enfield Technical Services Ltd v Payne; Grace v BF Components Ltd [2008] EWCA Civ 393 case study. Illegality in employment contracts…

Eves v Eves – 1975

Article. Published: March 7, 2018

The woman sought a declaration that she held a beneficial interest in the home. The woman contended the house had been jointly acquired……

Hammersmith and Fulham LBC v Monk

Article. Published: March 7, 2018

Monk and Powell held a joint tenancy over a property. Following the termination of their relationship Powell desired to end her……

Dalrymple v Dalrymple Summary

Article. Published: March 7, 2018

A wife raised a claim against her husband for the restitution of conjugal rights. Due to family circumstances requiring secrecy……

Eminence Property Developments v Heaney

Article. Published: March 7, 2018

Mr. Heaney purchased 13 flats from Eminence Property for an aggregate price, concluding 13 separate contracts, with identical terms……

Dickinson v Dodds

Article. Published: March 7, 2018

The defendant, Mr Dodds, wrote to the complainant, Mr Dickinson, with an offer to sell his house to him for £800. He promised that he would keep this offer open to him until Friday. However, on the Thursday Mr Dodds accepted an offer from a third party and sold his house to them….

Foakes v Beer – 1883

Article. Published: March 7, 2018

Whether part payment of a debt is consideration. The respondent, Beer, loaned the appellant, Dr Foakes, £2090 19s. When he was unable to repay this loan she received a judgment in her favour to recover this amount…

Foley v Classique Coaches Ltd

Article. Published: March 7, 2018

Foley owned some land and a petrol station. He sold part of the land adjoining the station to Classique Coaches Ltd, a coach company….