LawTeacher

LawTeacher
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Articles by LawTeacher

Hardman v Chief Constable of Avon and Somerset

Article. Published: March 7, 2018

The appellants were part of a group of protestors called the ‘Campaign for Nuclear Disarmament Group’. They used soluble paint to paint human……

Hall v Brooklands Auto-Racing Club

Article. Published: March 7, 2018

On the day in question two competing cars in a long distance race on this track were involved in a collision on the finishing straight, with one of the cars being flung into the air and over the kerb and railing, hitting a group of spectators and killing two of them….

Flaminio Costa v ENEL – 1964

Article. Published: March 7, 2018

Established the supremacy of European Community laws over the national laws of Member States. The claimant, Costa, was an Italian citizen with shares in the Italian electricity supply company Edisonvolta, and he sought to oppose moves by the State to nationalise the electric industry….

Hedley Byrne v Heller – Brief Case Summary

Article. Published: March 7, 2018

Case Summary of Hedley Byrne & Co Ltd v Heller & Partners Ltd (1964) AC 465 (HL). Claiming Economic Loss and Experts. In 1963 the House of Lords established that in limited circumstances – if a duty of care arose in the making of statements – pure economic loss in tort could now be recoverable in English law….

Grant v Edwards – 1986

Article. Published: March 7, 2018

The complainant, Mrs Grant, was going to co-habit with Mr Grant. The defendant purchased a house for them to live together in December 1969……

Granatino v Radmacher

Article. Published: March 7, 2018

A French investment banker married a very wealthy German national. Prior to the marriage, at the request of the wife’s family, an anti-nuptial agreement was signed by both parties….

Gammon (Hong Kong) Ltd v Attorney-General

Article. Published: March 7, 2018

The contractor, project manager and site agent for building works in Hong Kong were charged with substantially deviating from approved……

Greatorex v Greatorex

Article. Published: March 7, 2018

The defendant, John Greatorex (D), had been drinking with his friend H. With H’s permission D proceeded to drive H’s car, with H himself as a passenger….

Financial Matters On Death | Family Law Study Area | Law Teacher

Article. Published: March 7, 2018

Financial Matters on Death. Any adult of sound mind, whether married or not, can dispose of his or her own property by making a will. The law generally respects the testator’s freedom of choice in this matter, and if the testator……

Edwards v Skyways Ltd

Article. Published: March 7, 2018

An airline company in financial difficulties was making a number of its pilots redundant. The airline company agreed with the British Airline Pilots Association to pay each pilot an ‘ex gratia payment’ equivalent to the company’s contribution to the pension fund, upon being made redundant….

Green v Russell – 1959

Article. Published: March 7, 2018

The question was whether this £1,000 was a benefit arising out of the death which should be taken into account and deducted from the agreed damages….

Eastham v Newcastle United Football Club

Article. Published: March 7, 2018

The governing body of football in England (FA) provides that a player must register with the association of his club and while so registered……

Financings Ltd v Stimson – 1962

Article. Published: March 7, 2018

The case regarded a hire purchase transaction, in which the dealer was an agent of the finance company. The hirer paid a deposit of £70 to a dealer and agreed to purchase a motor car from the plaintiff, a finance company, for £414….

Mills v News Group Newspapers

Article. Published: March 7, 2018

The claimant was Heather Mills who was publicly associated with Sir Paul McCartney. She had contracted to buy a new house and was anxious……

Hollywood Silver Fox Farm v Emmett

Article. Published: March 7, 2018

The claimant bred silver foxes for their fur.  The foxes are, by their nature, of a timid disposition and are easily scared.  When they are scared they are liable to miscarry.  The defendant was a farmer and animal rights activist who owned land adjoining to the fox farm….

Hill v Chief Constable of West Yorkshire

Article. Published: March 7, 2018

The plaintiff’s 20-year-old daughter was attacked at night in a city street and died from her injuries. The defendant was a chief constable of the area in which the street was located….

Harvela v Royal Trust

Article. Published: March 7, 2018

The first defendant held shares in company. By means of a telex communication they invited the claimant and the second defendant to make an offer to purchase shares by sealed tender….

Gulf Oil Ltd v Page

Article. Published: March 7, 2018

The claimant was in an exclusive supply agreement with the defendants, the owners of petrol filling stations. Following a debt dispute……

Ee v Kakar

Article. Published: March 7, 2018

The defendant was the vendor of property who agreed and signed a document to sell this property to the plaintiff. The property was empty and the sale……

G Scammell and Nephew Ltd v Ouston

Article. Published: March 7, 2018

Ouston agreed to purchase a new motor van from Scammell but stipulated that the purchase price should be set up on a hire-purchase basis over a period of two years, with some of the figure being part-paid by a van that Ouston already owned….

DHN Food v Tower Hamlets

Article. Published: March 7, 2018

Piercing the corporate veil – groups of companies. DHN Food Distributors Ltd v Tower Hamlets London Borough Council [1976] 1 WLR 852 Case Summary. An example of piercing the corporate veil….

Herd v Weardale Steel Co – 1915

Article. Published: March 7, 2018

Herd (H) was a miner in a coal mine. H attended work at 9.30 am, and in the ordinary course of work he would be entitled……

Dixon v Fisher

Article. Published: March 7, 2018

John Dixon was the owner and operator of several coal mines, some of which were owned outright by him and others were held under various leases….

Great Lakes Steamship Co v Maple Leaf Milling Co

Article. Published: March 7, 2018

The defendants had a duty to immediately lighten the complainant’s vessel on its arrival on Lake Erie. However, they failed to do so at the time when it……

Donohoe v Ingram

Article. Published: March 7, 2018

A couple jointly occupied a home alongside their children. The father subsequently entered bankruptcy and their creditors sought to……

Dubai Aluminium v Salaam

Article. Published: March 7, 2018

A solicitor firm’s vicarious liability for a partner’s dishonest assistance to a client. The senior partner of a firm drafted a consultancy agreement and other requisite documentation for a client’s fraudulent enterprise….

Euro-Diam Ltd v Bathurst

Article. Published: March 7, 2018

The plaintiff’s business involved the supply of precious stones at home and abroad. The plaintiff entered into a contract of indemnity……

Edgington v Fitzmaurice – 1885

Article. Published: March 7, 2018

The directors of a business provided a prospectus which contained a range of debentures, in order to invite subscriptions. The directors stated that the debentures were in order to enable the business to complete alterations to the buildings of the company, to develop trade and to purchase vans and horses….

Heilbut, Symons & Co v Buckleton – 1913

Article. Published: March 7, 2018

The defendants, Heilbut et al, were merchants during the rubber trade boom of the 1910’s who claimed to underwrite shares in a rubber trading corporation (‘Filisola Rubber and Produce Estates Ltd’)….

Harvey v Pratt – 1965

Article. Published: March 7, 2018

The parties entered into an agreement for the lease of a petrol station and garage. The written agreement specified that the term of the lease was……

De Keyser’s Royal Hotel v Spicer Bros

Article. Published: March 7, 2018

The defendants were constructing a building nearby to the claimant’s hotel. This involved the excavation of the foundations and pile-driving……

Ellis v Chief Adjudication Officer

Article. Published: March 7, 2018

The Commissioner contended the gift of the flat from mother to daughter had failed and, as such, Ms Ellis was entitled to a proportion of……

Harris v Evans

Article. Published: March 7, 2018

The plaintiff ran a business providing bungee jumping facilities to the public by using a mobile telescopic crane. In 1993, the first defendant……

Henry Williams v James Bayley

Article. Published: March 7, 2018

Bayley’s son took promissory notes to a bank, which he had forged in his father’s name and without his father’s knowledge. The notes were fraudulent. Bayley’s son had done this several times and gotten away with it….

Gore v Van Der Lann

Article. Published: March 7, 2018

The Liverpool Corporation (LC) issued free bus passes to pensioners. Pensioners were required to sign an agreement that waived the liability……

DPP v Morgan – 1976

Article. Published: March 7, 2018

Rape – Consent – Honest Belief to Consent – No Reasonable Belief Required if Honest and Genuine Belief to Consent. The defendant was a Royal Air Force Pilot and he had invited his friends over to have sexual intercourse with his wife….

Exchange Telegraph v Gregory

Article. Published: March 7, 2018

Exchange Telegraph (ET) was a news agency that sent telegraph messages. It transmitted the latest stock exchange updates, had them typed up and made into a newspaper. It contracted subscribers to sell the newspaper….

Doughty v Turner Manufacturing

Article. Published: March 7, 2018

The claimant, Doughty, was an employee of the defendants, Turner Manufacturing Company, where he worked in their factory….

The Happy Day [2002] EWCA Civ 1068

Article. Published: March 7, 2018

A dispute arose in relation to a claim of demurrage (the charge payable to the owner for failure to discharge the ship within the agreed time)….

Discharge Case Summaries

Article. Published: March 7, 2018

Cases on discharge of contract covering the general rule and modification to it, agreement, breach, frustration and limitations of the doctrine….

ERJ Lovelock v Exportles – 1968

Article. Published: March 7, 2018

ERJ Lovelock Ltd, the buyers agreed to purchase a quantity of timber from the sellers, Exportles, who were a joint stock company dealing……

Gordon v Selico – 1986

Article. Published: March 7, 2018

The claimant purchased a long lease of a flat from the first defendant and of which the second defendant was the managing agent….

Fercometal v Mediterranean

Article. Published: March 7, 2018

Charterers entered into an agreement with ship owners for a cargo in the vessel ‘Simona.’ A clause of the agreement allowed the charterers the option……

Obtaining Property By Deception Cases

Article. Published: March 7, 2018

Obtaining Property By Deception. The defendant had ordered a meal in a restaurant and had consumed it with an honest state of mind……

Donovan v The Face

Article. Published: March 7, 2018

The claimant, Jason Donovan, was a successful singer. In the early 1990s, the magazine called The Face published an article alleging that Mr Donovan was homosexual….

Edinburgh & Dalkeith Railway Co v Wauchope

Article. Published: March 7, 2018

The case revolves around a railway that was built by through a private land owner’s property (Wauchope) and their ‘compensatory’ scheme of levies…

Dann v Hamilton – 1939

Article. Published: March 7, 2018

The plaintiff, knowing that the defendant was drunk and that a road traffic accident was highly likely as a result, chose to travel by the car despite being under no compulsion to do that driven either by necessity or something else….

Hartog v Colin and Shields

Article. Published: March 7, 2018

The defendants, Colin and Shields, were hide merchants that were based in London. The complainant, Hartog, was a furrier from Belgium. The defendants entered into an oral agreement with the complainant to sell him 30,000 Argentinian hare skins and this would be at a price of 10d per skin….

Dhanani v Crasnianski

Article. Published: March 7, 2018

The defendant, Mr Crasnianski was a scientist and inventor. He met the claimant, Mr Dhanani by chance on the Eurostar whilst travelling from Paris to……

Fairchild v Glenhaven Funeral Services

Article. Published: March 7, 2018

The bench deemed that here it would have been inherently unjust to deny the claimants any remedy. Thus, where the facts are such that the ‘but for’ test cannot be reasonably or fairly applied, the ‘materially increased risk’ of harm test may be used….