Case Summaries
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National Provincial Bank v Ainsworth
Example case summary. Last modified: 28th Oct 2021
A man, his wife and children were occupants of a piece of property, though the defendant was the sole registered proprietor. The property was later used to secure an overdraft for the his company, and the bank which granted the overdraft registered a charge against the house accordingly....
Madzimbanuto v Lardner-Burke
Example case summary. Last modified: 28th Oct 2021
At the time of this case, Southern Rhodesia was a self-governing British colony. In 1965, the government unilaterally declared its independence, but this was viewed as illegal by the British government....
R v Latimer - 1886
Example case summary. Last modified: 28th Oct 2021
Doctrine of Transferred Malice. The defendant was in an argument with another in a pub. The argument escalated and the defendant attempted to hit the other man with his belt, but missed....
Shirlaw v Southern Foundries Ltd
Example case summary. Last modified: 28th Oct 2021
Shirlaw was appointed managing director of Southern Foundries (SF) for a fixed term of ten years. SF was taken over by another company who altered the pre-existing articles of association empowering two directors and a secretary to remove a director, irrespective of the terms of his contract....
Nicklinson v Ministry of Justice 2014
Example case summary. Last modified: 28th Oct 2021
This appeal is concerning the law in relation to assisted suicide and whether it contravenes with the European Convention on Human Rights (ECHR) Article 8 right to respect for private and family life. ...
Makdessi v Cavendish Square Holdings
Example case summary. Last modified: 28th Oct 2021
The first case, Makdessi, involved the sale of a controlling interest in a marketing company where the defendant agreed to sell his stake to the claimant. In the second case, ParkingEye, the defendant parked his vehicle in a shopping centre which was privately owned and managed by the claimant....
A-G's Ref (No 3 of 1994)
Example case summary. Last modified: 28th Oct 2021
B stabbed his pregnant girlfriend, who then prematurely gave birth to S. S was wounded in the stabbing and died after 121 days after being born prematurely....
Hoenig v Isaacs - 1952
Example case summary. Last modified: 28th Oct 2021
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....
R v Majewski
Example case summary. Last modified: 28th Oct 2021
Voluntary intoxication no defence to offences of “basic intent” such as assault. The appellant (M) was convicted following a brawl in a pub in which he assaulted the landlord and customers and the police officers who arrested him....
Haseldine v C.A. Daw
Example case summary. Last modified: 28th Oct 2021
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....
Cambridge Water v Eastern Countries Leather Plc
Example case summary. Last modified: 28th Oct 2021
The Defendants were engaged in leather tanning at Sawston. During their work, as a result of the process of degreasing pelts, small quantities of a solvent known as Perchloroethene (PCE) was spilt on the floor of the building in which the Defendants carried out their activities....
G Scammell and Nephew Ltd v Ouston
Example case summary. Last modified: 28th Oct 2021
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....
Esso Petroleum v Commissioners of Customs and Excise
Example case summary. Last modified: 28th Oct 2021
Intention to create legal relations and consideration for a contract of sale in the formation of contracts. Esso, a petrol company, by which customers would receive one free World Cup coin for every four gallons of petrol purchased....
R v Constanza - 1997
Example case summary. Last modified: 28th Oct 2021
Whether words alone could constitute an assault and the temporal element of fear of immediate violence. A man was convicted of assault occasioning actual bodily harm of a female ex-colleague. ...
Hartley v Ponsonby - (1857)
Example case summary. Last modified: 28th Oct 2021
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....
Jolley v Sutton London Borough Council
Example case summary. Last modified: 28th Oct 2021
The relevance of the extent and kind of remoteness of damage to the imposition of tortious liability. The defendant, Sutton London Borough Council, negligently left a dangerously derelict boat abandoned on a beach that they owned, albeit they had placed a warning sign on the boat advising that it not be touched....
Re Ellenborough Park
Example case summary. Last modified: 26th Oct 2021
The necessary requirements for granting an easement. The titular park area, Ellenborough Park, was a park in Weston-super-Mare which was owned jointly by two tenants....
Collins v Godefroy - (1831)
Example case summary. Last modified: 26th Oct 2021
Performance of an existing duty is no consideration. Godefroy, the defendant, brought an action against an attorney for negligence and caused Collins, the plaintiff, to be subpoenaed to attend and give evidence....
Ward v Tesco - 1976
Example case summary. Last modified: 26th Oct 2021
The claimant was injured when they slipped on spilled yoghurt in the defendant’s store. The defendant adduced evidence that they regularly inspected and cleaned the floors and had policies requiring staff to deal with spillages as soon as they were detected....
Brinkibon v Stahag Stahl - 1983
Example case summary. Last modified: 26th Oct 2021
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....
R v H - 2005
Example case summary. Last modified: 26th Oct 2021
The defendant propositioned the victim sexually and attempted to pull her towards him and place a hand over her mouth by grabbing at the pocket of her tracksuit....
The Case of Proclamations
Example case summary. Last modified: 26th Oct 2021
In what turned out to be a landmark case concerning the Royal Prerogative, Sir Edward Coke (the Chief Justice of Common Pleas) was asked to express his opinion as to whether the monarch could prohibit new buildings or the making of wheat....
Butler Machine Tool v Ex-Cell-O Corporation - 1979
Example case summary. Last modified: 26th Oct 2021
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....
Foakes v Beer - 1883
Example case summary. Last modified: 26th Oct 2021
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...
Spartan Steel v Martin & Co
Example case summary. Last modified: 26th Oct 2021
The Court of Appeal held that even where a plaintiff is clearly owed a duty in respect of physical damage to property, any 'pure' economic loss suffered in addition to physical damage are unrecoverable as either too remote, or outside the scope of the duty of care....
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