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Development of the Principles of Tort Law
Essay: Contract Law
In the case of Anns v Merton 1977, the plaintiffs were tenants in flats. The flats suffered from damage due to improper foundations which were 2ft ......
Negligence as a Tort
Essay: Tort Law
Negligence as a tort is a breach of a legal duty to take care which results in damage undesired by the defendant to the plaintiff....
Duty of Care
Essay: Medical Law
Duty of care can be described as a control mechanism that is used to establishing if one person can sue another for negligence. The landmark case......
Tort of Negligence Damage and Injury
Essay: Tort Law
In order for a claim of tortuous liability in negligence to be actionable, primarily, certain fundamental pre-requisites need to be established in each case respectively....
Law and Contract
Essay: Contract Law
Negligence refers to reasonable care, or specifically the failure to demonstrate reasonable care where an assumed duty of care towards another is assumed....
Negligence Duty Of Care Cases | Tort Law Cases
Case Summaries
Example cases from English tort law covering negligence and duty of care, and economic loss....
Duty of Care Test in Caparo v Dickman
Essay: Tort Law
An investigation of tests to determine the existence of a duty of care with case examples demonstrating rulings on duty of care....
The Neighbour Principle in Tort Law
Essay: Tort Law
Does the neighbour principle enunciated by Lord Atkin in Donoghue v Stevenson provide an adequate basis on which to resolve duty of care questions in the law of negligence?...
Donoghue v Stevenson Case Summary
Case Summaries
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. ...
Salomon v Salomon - Case Summary
Case Summaries
A Case Summary of Salomon v A Salomon and Co Ltd [1897] AC 22 (Salomon v Salomon) - Separate Legal Personality (SLP) is the basic tenet on which company law is premised. Establishing the foundation of how a company exists and functions, it is perceived as, perhaps, the most profound and steady rule of corporate jurisprudence....
A Comparative Study of Muslim and Hindu Wills
Essay: Indian Law
The Indian Succession Act, 1925 consolidated the laws of intestate (with certain exceptions) and testamentary succession, applying to all the Wills and codicils of Hindus, Buddhists, Sikhs and Jains throughout India....
The Classicist and Biological Positivism Approaches to Crime
Essay: Criminology
The following assignment focuses upon the classicist and biological positivist approaches to criminology, comparing and contrasting the two theories. It is, however, important to investigate the history of crime and punishment briefly in order to understand fully the development of each theory....
Strict Liability in Criminal Law
Essay: Criminal Law
In Criminal Law strict liability is an offence that is imposed despite at least one element of mens rea being absent thus the reticence of the courts to impose such liability without this crucial element being present....
Ireland v United Kingdom 1979-80
Case Summaries
Ireland v United Kingdom is a European Court of Human Rights (ECtHR) principally concerning the threshold at which ‘cruel and unusual treatment’ becomes ‘torture’ for the purposes of Article 3 of the European Convention on Human Rights (ECHR)...
Contract Management Analysis Using Applicable Laws
Essay: Commercial Law
Like it or not, contracts for the National or International Sale of Goods or Supply of Services among parties is unavoidable, the issue is what ......
Are Customary Laws Gender Biased?
Essay: Human Rights Law
The scope of this project is restricted to studying the gender bias in customary laws over property rights in various laws. The researcher would not intend to explore other inequalities, which may follow the same pattern as existent in case of property rights....
Vicarious Liability
Essay: Employment Law
There are a variety of situations in which a party may be charged with vicarious liability. A case in point, parents may be held vicariously liable...
Vicarious Liability Cases | Negligence
Case Summaries
Examples of vicarious liability case around the subject of matrimonial issues between husband and wife....
Vicarious Liability and Employer Employee Relationship
Essay: Employment Law
Vicarious liability is a word that combined with two elements which are vicarious and liability. Vicarious means felt or experienced by reading ......
Concept of Vicarious Liability
Essay: Business Law
Explain the economic logic behind laws related to the concept of vicarious liability The simple definition of vicarious liability is where ......
Gregory v Piper - Case Summary
Case Summaries
The issue in Gregory v Piper was whether a master could be liable for the trespass which occurred as a result of instructions the master gave to another in his employment....
Football Hooliganism Essay - Criminology
Essay: Criminology
This report will look at football hooliganism and how it has changed through the years. It will look at the early years of hooliganism and compare the hooliganism to today’s hooligan firms....
Increase in Police Powers since the 1980s
Essay: Administrative Law
This essay will concentrate on some of the most violent tests the police have had to face in recent history. During these times we have seen political upheaval, football hooliganism and rioting....
Law for Business
Essay: Civil Law
Stuart Pendlebury who just turned 90 years old was gifted an electric blanket from his grandchildren. The blanket caused him burns on his legs and damages to his bed and room décor extensively....
Duress in Contract Law
Essay: Contract Law
Duress is a means by which a person or party can be released from a contract, where that person or party has been forced or coerced into the contract....
R v Lockley - 1995
Case Summaries
In R v Lockley the defendant stole cans of beer from an off-licence. The shopkeeper tried to prevent him leaving the shop with the stolen items....
The Ghosh Test for Dishonesty Has Attracted Many Critics
Essay: Properties and Trusts
One example is Professor Griew, author of “The Theft Acts 1968 and 1978 (7th edn, 1995) Some commentators argue that it creates a “Robin Hood......
R v Ghosh - 1982
Case Summaries
Meaning of dishonesty under the Theft Act 1968. The defendant, Ghosh, was a locum consultant at a hospital who falsely claimed to have carried out a surgical operation in order to claim money when in fact that operation had been carried out by someone else under the NHS...
The Supply of Goods and Services Act 1982
Act Summaries
The Supply of Goods and Services Act 1982 is an Act that ensures that traders provide services to an adequate standard of workmanship and is applicable to contracts entered into before 1 October 2015, in the United Kingdom....
Criminal Law Dissertation Topics
Law Dissertation Topics
Here you will find a selection of 12 dissertation topics and ideas on criminal and evidence law. We have provided these law dissertation topics to help you....
Writing a Masters Law Dissertation
LLM Study Guide
For many students the completion of their LLM dissertation may well be the first occasion that they have been faced with writing such a lengthy piece of work....
Writing a Law Dissertation - what is expected?
Law Dissertation Study Guides
The following notes are intended to provide the student with an overview of what is expected, or required, in relation to undertaking/completing a law dissertation....
The Bosman Ruling and it's Implications on English Football Clubs
Essay: Sports Law
The European Court of Justice’s (ECJ) decision in Union Royale Belge des Societes de Football Association (ASBL) v Bosman changed the face of football when it prevented clubs from demanding transfer fees for out-of-contract players...
Legal Method and Reasoning Assignment
Essay: Tort Law
I believe the court came to the correct decision. The judges do not discount the employer’s general duty of care, but qualify that risks must be reasonably foreseeable for liability in tort negligence to apply....
R v King
Case Summaries
The defendant had remarried while his previous marriage was still valid. He was prosecuted for bigamy contrary to section 57 of the Offences Against the Person Act 1861...
Case Law on Duress by Threats
Case Summaries
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.....
Malone v Laskey - 1907
Case Summaries
The claimant lived in a house belonging to her husband’s employer. The claimant’s husband was a tenant, and she had a license to live at the property. Whilst using the lavatory, the cistern was dislodged by vibrations caused by the next-door neighbour’s electricity generator, which fell on her causing her injuries....
McCutheon v David MacBrayne Ltd - 1964
Case Summaries
McCutheon delivered his car to the defendant shipping company for carriage from the Hebrides to the mainland. The car was destroyed when the ship sank because of the company’s negligence. ...
R v Hennessy - 1989
Case Summaries
Diabetes and defences – automatism or insanity in hyperglycaemic cases. The appellant (a diabetic) was apprehended while driving a stolen car. He later collapsed at the police station it became apparent that he was having a diabetic episode....
R v Sullivan [1984] AC 156
Case Summaries
The defendant, a psychomotor epilepsy sufferer, had an epileptic seizure during which he kicked the victim in the head violently. He was charged with causing Grievous Bodily Harm contrary to sections 18 and 20 of the Offences Against the Person Act 1861...
R v Dawson - 1985
Case Summaries
The defendant approached a petrol station manned by a 50 year old male. The defendants attempted a robbery with an imitation gun and a pick-axe handle. The defendants demanded money but did not touch the attendant who pressed the alarm button and the defendants ran away without obtaining any cash....
R v Franklin - 1883
Case Summaries
Mr Franklin took up a larger box from Brighton Pier and threw it into the sea. The victim was swimming underneath in the sea at the time and was struck by the box and died....
George Mitchell v Finney Lock Seeds - 1983
Case Summaries
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....
Thompson v London, Midland and Scottish Railway
Case Summaries
Thompson was unable to read and she travelled on a train with her daughter and niece. On the back of her ticket it was printed that the tickets were issued subject to the terms outlined in the company’s time tables. ...
Co-operative Insurance v Argyll Stores
Case Summaries
The plaintiffs granted a lease to the defendant for the use of a unit in a shopping centre for the period of thirty-five years. A clause in the lease required a covenant to keep the premises open for trade during regular business hours in the local area....
Mullin v Richards 1998
Case Summaries
The defendant was a 15-year-old girl who play-fought with rulers with another 15-year-old girl (the claimant). In the course of the game, the defendant’s ruler snapped, causing a splinter to hit the claimant in the eye, blinding her....
Granatino v Radmacher
Case Summaries
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....
Barry v Davies - 2000
Case Summaries
Two brand new engine analyser machines owned by Customs and Exise were put up for auction by the defendant auctioneer. Each could be procured from the manufacturer for £14,521 but despite this were listed without a reserve price....
Shanklin Pier v Detel Products - 1951
Case Summaries
The Plaintiffs were owners of a pier in Shanklin on the Isle of Wight. They entered into a contract with contractors to have the pier repaired and painted. Under the contract the plaintiff had the express right to alter the contract....
Scriven Bros v Hindley - 1913 3 KB 564
Case Summaries
The complainants, Scriven Bros and Co, instructed an auctioneer to sell large bales of tow and hemp on behalf of them at an auction. The bales looked rather similar in the way they were packaged and the samples that were on display to potential bidders were not easily distinguishable....
Canada Steamship Lines v The King
Case Summaries
Canada Steamship Lines entered into a Crown lease in 1940. The Duration of the lease was for 12 years and the lease pertained to dock property on St Gabriel Basin on the Lachine Canal. All of this was situated in the Port of Montreal....
Kaitamaki v R
Case Summaries
The defendant was convicted of breaking into the victim’s flat and raping her twice. There was no dispute that sexual intercourse had taken place on two occasions, but the defendant contended that the victim had consented or that he had a reasonable belief that she was consenting....
Pearce v Brooks - Summary
Case Summaries
The defendant was a prostitute who hired a carriage from the plaintiff, who was a coachbuilder, on hire purchase terms to be paid for in instalments. She wanted the carriage to attract customers. ...
Rickards v Lothian - 1913
Case Summaries
Natural versus non-natural use of land, domestic water supply, malicious act of third party. The claimant rented premises on the second floor of a building which was used for commercial purposes and ran a business from the premises he was renting....
McKew v Holland - 1969
Case Summaries
In the course of his employment, the complainant had suffered injuries, which meant his left leg could give way underneath him. A few days after the incident and while in his recovery, the complainant tried to come down a set of steep steps, which did not have a handrail....
Revill v Newbery - 1996
Case Summaries
William Newbery (N) slept in a shed on his allotment to protect his property at night. Mark Revill (R) and his accomplice Grainger (G) trespassed onto the allotment and attempted to break into the shed....
May and Butcher Ltd v The King
Case Summaries
After the end of the First World War, the Government had a surplus of tents which were no longer required by the army. As a result, the Government’s disposal’s board was set up to sell these tents. They agreed to sell tents to May and Butcher Ltd who left £1,000 as a security deposit for their purchases. ...
R v Williams and Davies - 1992
Case Summaries
The defendants picked up a hitchhiker who was on his way to Glastonbury festival. The defendants then attempted to rob the victim who became agitated and afraid and in this mental state jumped out of the moving vehicle which was travelling at 30 mph. ...
Murray v Ministry of Defence - 1988
Case Summaries
Margaret Murray, M, was a suspect of aiding IRA, a prohibited organisation in Northern Ireland. D and five soldiers arrived at M’s house to arrest M at 7a. D ascertained M’s identity, assembled all the occupants of the house in one room, and searched the house....
Tsakiroglou & Co Ltd v Noblee Thorl
Case Summaries
The appellants agreed to sell to the respondents Sudanese groundnuts for shipment to Hamburg during November/December 1956. The agreement included a CIF (cost, insurance and freight) term (requiring the seller to arrange the carriage of the goods by sea to Hamburg....
Marc Rich v Bishop Rock
Case Summaries
During a voyage a ship developed a crack in its hull. The ships owners requested its classification society to inspect the damage. An employee of the classification society advised that the ship should be put into dry dock in order for repairs to be carried out....
Antonaides v Villiers [1990]
Case Summaries
Occupiers signed agreement expressly stated to be a license; whether agreement a sham. Mr Villiers and his partner signed separate but identical agreements to occupy a one bedroom flat owned by Mr Antonaides, where they would live as husband and wife....
Hollywood Silver Fox Farm v Emmett
Case Summaries
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....
R v G 2004 - Recklessness
Case Summaries
The test for recklessness after MPC v Caldwell. The two appellants were boys aged 11 and 12 respectively. They went camping at night unsupervised (and in fact without parental permission). In the early hours of the night they entered the back yard of a Co-Op shop and found old newspapers....
R v Lowe - 1973
Case Summaries
The connection between “wilful neglect” under s.1(1) of the Children and Young Persons Act 1933 and manslaughter by negligence. Mr Lowe, of low intelligence, did not call a doctor to his sick infant child. The child died from dehydration and gross emaciation....
Dubai Aluminium v Salaam
Case Summaries
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....
Patel v Mirza [2016]
Case Summaries
Resulting trusts and illegality; insider dealing and unjust enrichment. Patel had given Mirza £620,000 to bet on shares in a company using inside information. The agreement between them amounted to a conspiracy to commit the offence of insider dealing contrary to s53 Criminal Justice Act 1993....
Yanner v Eaton [1999]
Case Summaries
The appellant was an indigenous hunter who killed two animals in a creek for his own consumption. He was later charged with taking ‘fauna’ from the area without a license, contrary to statute....
Knightley v Johns - 1982
Case Summaries
Mr Johns was driving negligently and this resulted in a crash where his car overturned near the exit of a tunnel. Due to the crash, two police officers attended the scene....
Smith v Littlewoods - [1987]
Case Summaries
The defendant purchased a disused cinema with the intention of turning it into a supermarket. Five weeks after the defendant entered the building for the first time, it was set on fire by intruders and destroyed. As a result, the adjacent buildings were also affected and damaged....
Kepong Prospecting v Schmidt
Case Summaries
T agreed with Schmidt in writing, that in consideration for Schmidt’s assistance to obtain a permit and start mining operations, T would pay Schmidt 1% of the price that all ore from the land was sold at. A year later, KP (the plaintiff) agreed to work the land and undertake T’s agreement to Schmidt....
Cork v Kirby Maclean
Case Summaries
The claimant was a factory worker who died when he had an epileptic seizure while working on a platform with no railings over 20 feet above the ground. His employers were not aware of his condition....
Manchester Diocesan v Commercial
Case Summaries
The complainants, Manchester Diocesan Council of Education, called for tenders relating to property. The defendant, Commercial and General Investments Ltd, submitted a tender offer to buy the property from the complainants....
Lister v Romford Ice - 1957
Case Summaries
The defendant was a lorry driver who was employed by the plaintiffs to drive their lorry to a slaughterhouse in order to collect waste. The driver took his father with him for the journey and during the course of which, the son reversed the lorry into the father, causing injury....
R v Hasan [2005] 2 AC 467
Case Summaries
Criminal law – Defence of Duress – Association with known criminal – Whether statement was a confession. Hasan was charged with the crime of aggravated burglary. He was associated with a gang and relied on the defence of duress....
Attorney-General v De Keyser's Royal Hotel
Case Summaries
The claimants, De Keyser’s Royal Hotel, were the owners of a London Hotel that had been used by some members of the armed forces in World War One, and they thus sought reasonable compensation for this occupation under the Defence Act 1842....
R (Anderson) v Secretary of State
Case Summaries
Prisoners; mandatory life sentence; right to hearing. Anderson received mandatory life sentences after having been convicted of two murders. The Secretary of State set a longer than recommended period for Anderson’s release on licence....
R v Dalloway 1847
Case Summaries
Dalloway was standing on a horse and cart as it drove along a public road. Dalloway was not holding on to the reins as they were resting on the horse’s back. During his journey, a small child ran out in to the road in front of the cart and was killed by one of the wheels as it moved along....
R v Konzani
Case Summaries
Feston Konzani was charged with three counts of inflicting grievous bodily harm contrary to s 20 of the Offences against the Person Act 1861. Konzani was HIV positive and aware of his condition. ...
Burns v Burns
Case Summaries
The complainant, Valerie Burns, had been in a relationship and lived with the defendant, Patrick Burns, for 19 years. Despite taking his name, the couple were not married....
Chester v Afshar - 2004
Case Summaries
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....
Interfoto v Stiletto
Case Summaries
Stiletto Visual Programmes (SVP) ordered 47 photographic transparencies from Interfoto Picture Library (IPL). On the delivery note was a clause stating that transparencies should be returned within 14 days of delivery. ...
Francovich v. Italy [1991]
Case Summaries
One of the defining and controversial characteristics of the European Union has been the supranational nature of its institutions and laws. European laws can take the form of primary laws, which consists of the intergovernmental treaties, and secondary laws in the form of regulations, directives and decisions which are passed by the Commission....
Atlas Express v Kafco
Case Summaries
The Kafco imported basket ware and entered a contract with Atlas to sell and deliver baskets to Atlas retail stores. Atlas tried to negotiate a further term in the contract for a minimum order of £440 per trailer load. ...
Bruton v London & Quadrant Housing Trust
Case Summaries
The defendant was a voluntary housing trust that focussed on homelessness. The local authority had granted the trust a licence to use short-life properties as temporary accommodation for homeless people who were on the waiting list for a home, before these properties were later developed...
Financings Ltd v Stimson - 1962
Case Summaries
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....
Beard v London General Omnibus
Case Summaries
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....
R v Quick [1973] QB 910
Case Summaries
The appellant (a nurse at a hospital) was a diabetic who suffered from hypoglycaemia (low blood sugar). He had taken insulin in the morning for his condition but had not eaten much during the day and had imbibed alcohol....
Sumpter v Hedges - 1898
Case Summaries
A builder contracted to build two houses and stables for the lump sum of £565. The builder only completed part of the work, after which he abandoned the contract. The completed works amounted to a value of £333....
R v Turner (No 2) - 1971
Case Summaries
Theft of a car which was in the possession and control of a garage. The Defendant (T) took his car to a garage for repairs. The repairs were completed by the garage and the car was left outside the garage on the road....
Soering v UK
Case Summaries
Soering v United Kingdom (1989) concerns Articles 3, 6 and 13 of the European Convention on Human Rights (ECHR) 1950 and the potential extradition to the USA by the UK of a West German national to face trial in Virginia, USA on a murder charge....
R v Instan - 1893
Case Summaries
Instan was cared for and maintained by her seventy-three-year-old aunt who was the deceased in this case. The deceased was healthy until shortly before her death before she contracted gangrene in her leg which prevented her from moving and caring for herself....
Froom v Butcher - 1976
Case Summaries
The plaintiff was not wearing a seatbelt whilst driving because he did not like seatbelts and because he had seen drivers being trapped after a crash because they wore a seatbelt. After a crash, the plaintiff suffered head and chest injuries and a broken finger....
RTS Flexible Systems Ltd v Molkerei
Case Summaries
The claimant was a supplier of automated machines and agreed to manufacture an automated system in the defendant’s factory. Work began on the basis of a letter of intent with a long form contract to follow. ...
R v Malcherek and Steel
Case Summaries
Malcherek stabbed his wife in the abdomen. She was treated for the wound and a few days later she collapsed in hospital. She subsequently had surgery to remove a blood clot during which her heart stopped beating for thirty minutes before it was restarted by the doctors again....
Miller v Miller: McFarlane v McFarlane
Case Summaries
Miller v Miller: McFarlane v McFarlane is a conjoined appeal case regarding financial provision offered in circumstances of divorce. The law with regards to financial provision has undergone extensive developments in order to accommodate cultural changes...
Buckinghamshire County Council v Moran
Case Summaries
In 1955 the claimant (C) acquired a plot of land with a view to building a road diversion. The land was left vacant for many years. The roadside of the plot was fenced but there was no fence between the garden of a house owned by the defendant’s predecessor....
Heilbut, Symons & Co v Buckleton - 1913
Case Summaries
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’)....
Haley v London Electricity Board - 1965
Case Summaries
The defendant’s employees dug a hole in a pavement. When they left the area on their break, they realised that they had not been provided with the necessary materials to fence off the area. ...
R v Allen
Case Summaries
Mr Allen consumed homemade wine that unknowingly to him was much stronger than he initially thought. As such, it had a much stronger effect on him than he anticipated....