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Articles by LawTeacher
Carmarthenshire County Council v Lewis
Article. Published: March 7, 2018
The claimant in this matter was the wife of a lorry driver killed whilst trying to avoid a child in the road. The child was at school……
Bradford v Robinson Rentals Ltd
Article. Published: March 7, 2018
The claimant, Bradford, was an employee of the defendants, Robinson Rentals, and in the course of his employment it was requested that he be sent to assist a colleague in a vehicle repair. …
Avon Insurance v Swire Fraser – Facts
Article. Published: March 7, 2018
The claimant was a stop loss insurance company which made a claim against the defendant insurance brokers under the Misrepresentation Act 1967……
Children and Local Authorities | Family Law Study Area | Law Teacher
Article. Published: March 7, 2018
Children and Local Authorities. During the first half of the twentieth century the conventional wisdom was that parents knew best, and only in the most extreme cases would parents or society at large tolerate any interference in their……
Cundy v Lindsay
Article. Published: March 7, 2018
The case concerned whether a mistake as to the identity of a contracting party was so fundamental so as to negate the consent of the other party. The foundation of contract law is premised on mutual agreement, i.e., agreeing on the same thing in the same sense, popularly referred to as consensus ad idem….
Carslogie Steamship v Norwegian Government
Article. Published: March 7, 2018
The complainant’s vessel, Heimgar, was damaged by a collision with the defendant, Carslogie. The defendants admitted negligence and damage and this was not……
Cutter v Powell – 1795
Article. Published: March 7, 2018
Partial performance of a contract. Mr. Cutter, a sailor, was hired for a voyage and given a promissory note from his employment that ten days after the ship arrives at Liverpool, he will pay Mr. Cutter a certain sum….
Curtis v Chemical Cleaning & Dyeing Co – 1951
Article. Published: March 7, 2018
Affirms that when a party misrepresents the significance of a term, it ceases to be contractually binding. The claimant, Curtis, took her wedding dress to be cleaned by a professional laundry service, the defendants, the Chemical Cleaning and Dyeing Company….
Chahal v UK – Case Summary
Article. Published: March 7, 2018
C, an Indian citizen, was given indefinite leave to remain in the UK after entering illegally. In 1984 he visited India and……
Cohen v Cohen – 1929
Article. Published: March 7, 2018
Mrs Cohen was unsuccessful in her claim. There was no consideration given for the promise of Mr Cohen because the contract for……
Banque Keyser Ullman v Skandia
Article. Published: March 7, 2018
The plaintiff bank had made loans against property which the borrower had informed them valuable, and had also taken out insurance policies from the……
Coulthard v Neville Russell – 1998
Article. Published: March 7, 2018
The case concerned a claim by three directors of D & H Ltd (the Directors) against Neville Russell (the Auditors) on the grounds that the Auditors had failed in their duty to advise them against their acquisition of shares through a loan from the Company in breach of section 151 of the Companies Act 1985….
Baker v Willoughby – 1970
Article. Published: March 7, 2018
The complainant, Mr Baker, was a pedestrian who had been knocked down by the defendant driving a car in September 1964. The negligent driving by the defendant caused serious injury to his left leg, which left him with mobility problems and unable to work in the labour market as he did before…
Cattle v Stockton Waterworks
Article. Published: March 7, 2018
Stockton Waterworks Co laid down one of their main roads along and under a turnpike road. Private property was either side of the road. The landowner employed Cattle to make a tunnel under the road so he could access his land on the other side of the road easily….
Bettini v Gye
Article. Published: March 7, 2018
Breach of a condition of a contract. The claimant, Alessandro Bettini (a tenor) entered into an agreement with the defendant, Frederick Gye. The terms of that agreement were that Bettini would not perform within 50 miles of London in any venue….
Botham v TSB Bank
Article. Published: March 7, 2018
In possession proceedings against the appellant numerous items were held to be fixtures and therefore would become the property of the respondent when the property was repossessed….
Bonnington Castings v Wardlaw – 1956
Article. Published: March 7, 2018
The onus and standard of proof in personal injury claims for an employer’s breach of statutory duty. The employee of a dressing shops foundry was exposed to noxious dust from swing grinders, allegedly causing him to contract pneumoconiosis….
Coward v Motor Insurance Bureau
Article. Published: March 7, 2018
Mrs Coward obtained judgement for damages which was not paid out because Mr Cole’s insurance policy did not provide cover for him to carry pillion……
Cassidy v Ministry of Health 1951
Article. Published: March 7, 2018
The claimant was a patient at a hospital run by the defendant who required routine treatment to set the bones in his wrist. Due to negligence on the part of one of the doctors, the operation caused his fingers to become stiff. …
Case Summaries on Burglary
Article. Published: March 7, 2018
Criminal law case summaries covering and burglary and aggravated burglary. R v Brown – A witness, having heard the sound of breaking glass, saw the defendant partially inside a shop front display. …
Burton v Camden LBC
Article. Published: March 7, 2018
Burton and another person held a joint tenancy for a property which was protected per statute as a periodic secure tenancy under……
Blundell v St Andrew’s School 2007
Article. Published: March 7, 2018
Maternity leave – right to return to work – ‘same job’. The claimant teacher had taught a reception class before taking maternity leave. Upon her return, she was offered a role either as a floating teacher or taking a class of older children….
British Road Services v Arthur Crutchley
Article. Published: March 7, 2018
The plaintiff transported a lorry load of whisky by road and delivered it to a warehouse owned by the defendant. Upon arrival, the whisky was unloaded……
BS & N Ltd v Micado
Article. Published: March 7, 2018
Ship owners chartered a vessel, The Seaflower, to charterers to carry oil. Clause 46 required major oil companies’ approvals and stipulated that……
Chester v Afshar – 2004
Article. Published: March 7, 2018
Establishing causation following consent to medical treatment and subsequent injury. The claimant Chester, had managed with bad back pain for several years, which severely limited her ability to walk around and interfered with her ability to control her bladder….
British Economical Lamp Co v Empire Mile End Ltd
Article. Published: March 7, 2018
The claimant let electrical lamp fittings to lessees of a theatre. The lamps were attached to their brackets using a bayonet attachment….
Brinkibon v Stahag Stahl – 1983
Article. Published: March 7, 2018
The complainants, Brinkibon Ltd, were a company that was based in London. They were buying steel from the defendants, Stahag Stahl, who were sellers based in Austria….
Cheltenham & Gloucester v Krausz
Article. Published: March 7, 2018
The respondent borrowers had fallen into arrears on their mortgage payments. They applied for an order suspending a warrant for possession……
Crofter Hand Woven Harris Tweed v Veitch
Article. Published: March 7, 2018
The appellants produced cloth, obtaining their yarn from the mainland – unlike other yarn spun in the mills of Stornoway. The respondents worked for the……
Bowles v Bank of England – 1913
Article. Published: March 7, 2018
Mr Bowles purchased a high number of Irish Land Stock which was transferred to his name in Bank of England books. The Committee of the House of Commons……
Capital and Counties v Hampshire CC
Article. Published: March 7, 2018
The decision is on three conjoined appeals from three separate decisions. Hampshire County Council (HCC) – the defendant, appealed a decision that the……
Conway v George Wimpey & Co Ltd
Article. Published: March 7, 2018
Conway (C) was on his way to work on an aerodrome when he hailed a lorry belonging to the George Wimpey & Co Ltd (W) and driven by one of their……
Criminal Law Case Summaries
Article. Published: March 7, 2018
The defendant, Bree (B), visited his brother and went for an evening out with him and others, including the complainant (C). All present consumed considerable quantities of alcohol, before returning to B’s brother’s home….
Countess of Dunmore v Alexander (1830) 9 S. 190
Article. Published: March 7, 2018
The Countess of Dunmore (C) was looking to change servant and wrote to Lady Agnew (LA) requesting information on the character of one of her servants……
D & C Builders v Rees
Article. Published: March 7, 2018
The builders sought payment from Rees for building work done and materials supplied in respect of alterations and repairs completed on Rees’ shop. Rees did not pay, but the work continued and a second bill was issued….
Caparo v Dickman Case Summary
Article. Published: March 7, 2018
Case Summary of Caparo Industries plc v Dickman [1990] UKHL 2. The tripartite test in establishing duty of care. Caparo is the landmark case which has created the tripartite test in establishing duty of care….
Butterfield V Forrester (1809) 103 E.R. 926
Article. Published: March 7, 2018
Case Summary of Butterfield V Forrester (1809) 103 E.R. 926. The establisment of contributory negligence….
Crown River Cruises v Kimbolton Fireworks – 1996
Article. Published: March 7, 2018
The defendants, Kimbolton Fireworks, carried out a short firework display that lasted for some twenty minutes or so. As a result of the fireworks display……
Brown v NCB
Article. Published: March 7, 2018
An electrician was employed in a coal mine. A damaged tub was sent up a haulage in the drift and, on the way up, collided with……
Combe v Combe – 1951
Article. Published: March 7, 2018
During the divorce process, a husband promised to pay his wife a tax-free sum of £100 each year to represent a permanent maintenance payment. The wife was aware that the husband was not in a good financial state and made no claim to this payment….
Barrett v Halifax Building Society
Article. Published: March 7, 2018
A possession order granted to the respondents over the applicant’s home was suspended to allow the applicants time to find a purchaser for the property….
Consent Cases – Bodily Harm – ABH
Article. Published: March 7, 2018
Cases on Consent. R v Wilson (1996) Times Law Report March 5 1996. The defendant had been charged with assault occasioning a.b.h. contrary to s47 of the O.A.P.A. 1861……
Butler Machine Tool v Ex-Cell-O Corporation – 1979
Article. Published: March 7, 2018
The court allowed the buyer’s appeal. The court found that the buyer’s order was not an acceptance of the initial offer from the seller but a counter-offer which the sellers had accepted by returning the signature section of the buyer’s letter….
Bigos v Bousted
Article. Published: March 7, 2018
The defendant, Bousted, wanted to support his wife while she stayed in Italy for her health. He agreed with the defendant that in return for a……
Bratty v AG for Northern Ireland
Article. Published: March 7, 2018
Failure to discharge onus of proof in relation to defence of automatism. The appellant (B) was convicted of the murder of an 18-year-old girl. In his statement to the police, he said that he had been overcome with a “terrible feeling” and a “sort of blackness” during the event….
Blackpool and Fylde Aero Club v Blackpool BC
Article. Published: March 7, 2018
The defendants were a local authority that managed the local airport as its owners. They had granted the plaintiffs, who were a flight club, a concession to operate casual flights out of the airport. …
Beresford v Royal Insurance – 1938
Article. Published: March 7, 2018
In 1925 Major Rowlandson took out five life insurance policies on his own life with the defendants, Royal Insurance Co Ltd……
Daiichi UK Ltd v Stop Huntingdon Animal Cruelty
Article. Published: March 7, 2018
A number of unincorporated groups and their supporters (S) who campaigned for the rights of animals targeted a campaign against Daiichi UK Ltd….
Bradbury v Morgan – 1862
Article. Published: March 7, 2018
Leigh requested that Bradbury provide credit to his brother to the value of £100. Leigh guaranteed the account owned by his brother to this effect….
Beard v London General Omnibus
Article. Published: March 7, 2018
Employer’s vicarious liability for an employee’s negligent act outside his scope of employment.The conductor of an omnibus drove the omnibus through side streets, outside of the bus route, at a fast pace in the absence of the bus driver. In doing so, he negligently hit and injured a man….
