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Commentary. In accordance with s2 (3) (b) Occupiers' Liability Act 1957: " an occupier may expect that a person, in the exercise of his calling, will appreciate and guard against any special risks ordinarily incident to it, so far as the occupier leaves him free to do so". If the stairs leading to the cellar gave out, it would not be ...
The misrepresentation cost £18,000 to put right and was unlikely to have interfered with the development or resale of the property; and. The sale of land cost which cost £5m, The former is of relatively minor importance. 2. Loss caused to the representee by the misrepresentation if the contract were upheld. To assess the loss, we must ...
Facts. The Belize government established a company to take over the country's telecommunications services. The articles of association provided the holder of the 'special' share who also owned 37.5% of the share capital, could appoint directors. Belize Telecom (BT) purchased the 'special' share, the requisite share capital and ...
Abbeyfield (Harpenden) Society Ltd v Woods [1968] 1 WLR 374 Court of Appeal. A resident in a residential home for the elderly was held to be a licensee. Lord Denning MR: "the modern cases show that a man may be a licensee even though he has exclusive possession, even though the word 'rent' is used, and even though the word 'tenancy' is …
[1965] 1 WLR 1104, [1965] 3 All ER 77. Statutes: Protection from Eviction Act 1977 5. Jurisdiction: England and Wales. Cited by: Cited – Banjo v London Borough of Brent CA 17-Mar-2005 The tenant had occupied the premises under a long lease which expired by effluxion of time. The landlord failed to take any steps to retake possession, and the ...
Facts. Khan, a Pakistani by birth wanted to adopt his brother's child living in Pakistan. Khan obtained a circular that stated although there was no provision for bring a child to the UK for adoption, the Home Secretary in the exercise of his discretion might exceptionally allow a child to be brought in if the intention to adopt under UK law ...
1. This is an appeal from a Judgment of His Honour Judge Baxter, sitting in the West London County Court, on the 29th July. 1964, in favour of the Plaintiff's claim for possession of certain premises known as 16, Wharfedale Street, London, S. W. 10, and for the payment for use and occupation of those premises, calculated at the weekly rate of £ from the …
The plaintiff, Hartwell, was a British tourist who was at the bar and was shot and wounded by the policeman. L pleaded guilty to the charges of unlawful and malicious wounding and having a firearm with intent to do grievous bodily harm. Hartwell brought civil proceedings against L and the Attorney General of the British Islands as a ...
It seems that the decision in R v Wesley Smith [1963] 1 WLR 1200 has now been confirmed as the correct approach to these cases. Only he who intended that unlawful and grievous …
Mr Mistlin (M) was the managing director and principal shareholder of Natural Life Health Foods Ltd (NL). The plaintiff franchisee (C) entered into a franchise agreement with NL. During the course of negotiations, C was provided with a glossy brochure which M put together but he didn't directly deal with C. C brought proceedings against the ...
Jolley v Sutton London Borough Council [2000] 1 WLR 1082. The relevance of the extent and kind of remoteness of damage to the imposition of tortious liability. Facts. 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 …
324 words (1 pages) Case Summary. 29th Dec 2020 Case Summary Reference this In-house law team. Jurisdiction / Tag (s): UK Law. Share this:FacebookTwitterRedditWhatsApp. Chadwick v British Railways Board [1967] 1 WLR 912. NEGLIGENCE – DUTY OF CARE TO RESCUERS – PSYCHIATRIC DAMAGE – …
Watt v Hertfordshire County Council [1954] 1 WLR 835. TORT – NEGLIGENCE – FACTORS RELEVANT TO THE STANDARD OF CARE. Facts. The claimant worked for the fire department, and was answering a call involving a woman trapped under a lorry near the fire station. This involved moving a heavy piece of equipment to the scene to lift the lorry.
Knightley v Johns and Others [1982] 1 WLR 349. Law of Tort – Novus Actus Interveniens – Damage – Remoteness of Damage – Causation. Facts. 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.
Harvey v Pratt . Harvey v Pratt [1965] 1 WLR 1025. The parties entered a written agreement for the lease of a garage. The agreement referred to the length of the term and specified …
The defendant bought the special share-type, a long with 37.5% of the C-shares. They appointed two of the directors using its special shares and two using their C-shares. The defendant later ran into financial difficulties, and lost its 37.5% C-shares. The company's Articles of Association did not say what should happen to the C-share ...
Bolam v Friern Hospital Management Committee [1957] 1 WLR 583. TORT – NEGLIGENCE – STANDARD OF CARE FOR MEDICAL PROFESSIONALS - THE BOLAM TEST. Facts. The defendant was the body who employed a doctor who had not given a mentally-ill patient (the claimant) muscle-relaxant drugs nor restrained them prior to …
Spurling v Bradshaw [1956] 1 WLR 461. Validity of contractual clause purporting to exclude liability for negligence of bailees. Facts. Bradshaw sent eight barrels of orange juice to be stored at Spurling's warehouse. Spurling sent a receipt to Bradshaw on which were printed their conditions of storage. The conditions contained a clause ...
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ABBEYFIELD (HARPENDEN) SOCIETY LTD. v. WOODS - [1968] 1 WLR 374. A company limited by guarantee owned premises which they ran as a home for old people, each occupant having an unfurnished room and services for a weekly payment. ... On September 13, 1965, the defendant, then aged 85, went into occupation of one of the rooms under …
Parker v Clark [1960] 1 WLR 286. Family agreement to share home; whether intention to create legal relations. Facts. ... R v Hinks - 2000. Unlawful appropriation of "gifted" money under the Theft Act 1968. The defendant (H) was a carer for a man of limited intelligence (D). H persuaded D to make a series of payments to her from his bank ...
January. Wisdom v Chamberlain CA 1968 45 TC 92 [1969] 1 WLR 275 [1969] 1 All ER 332. A taxpayer purchased two large quantities of silver bullion to counter the effects of the devaluation of the pound. The purchase was made following advice and was partly financed by loan. As the purchase was done on a short term basis in order to realise profit.
Wollerton and Wilson Ltd v Richard Costain Ltd [1970] 1 WLR 411. The availability of an injunction for trespass in the absence of damage. Facts. The defendant was a building company involved in a construction project which required the use of a crane. When the crane was erected, in the only position available for it, the jib passed over the ...
21st Jun 2019 Case Summary Reference this In-house law team. Silven Properties v Royal Bank of Scotland plc [2004] 1 WLR 997. Receiver appointed in relation to mortgaged property adopted fiduciary duty of care. Facts. The claimant was a property company which had several mortgaged properties with the defendant bank.
Lord Browne-Wilkinson. There can in principle be no distinction between the case where the donor declares himself to be sole trustee for a donee or a purpose and the case where he declares himself to be one of the trustees for that donee or purpose. In both cases his conscience is affected and it would be unconscionable and contrary to the ...
BP Exploration Co (Libya) Ltd v Hunt (No. 2) [1979] 1 WLR 783. Frustrated agreement to develop oil concession; principles applied when awarding just sum. Facts. BP entered an agreement with Hunt, under which BP would explore and develop his oil concession in Libya at their own expense. This expenditure would be recoverable from Hunt's share ...
YouTube. Certainty of Subject Matter Cases. Subjects| Law Notes| Trusts Law. Boyce v Boyce (1849) 60 ER 959. Henry v Hammond [1913] 2 KB 515. Hunter v Moss [1994] 3 …
Harvey v Pratt [1965] 1 WLR 1025. Contract – Enforceability – Uncertainty. Facts. The parties entered into an agreement for the lease of a petrol station and garage. The …
Facts. D climbed onto a greyhound racetrack in an attempt to stop a race. The dog on which he had placed a £18 bet was losing and he had hoped to recover his stake by stopping the race, the stewards decided not to stop the race. D was charged with attempting to steal the £18 from the bookmaker under s1 (1) and s1 (4) Criminal Attempts Act.
Simpkins v Pays [1955] 1 WLR 975. Intention to create legal relations in the formation of contracts in a domestic context. Facts. Ms. Simpkins was a paying boarder at Ms. Pays house, who lived with her granddaughter. Ms. Simpkins habitually entered into newspaper competitions. Concerning one weekly Sunday newspaper competition, the three agreed ...
Court of Appeal. Citations: [1965] 1 WLR 623; [1965] 2 All ER 65; (1965) 109 SJ 329; [1965] CLY 3520. Facts. The claimant was looking to buy a car. He went to the defendant, a car …
J Evans & Son (Portsmouth) Ltd v Andrea Merzario Ltd [1976] 1 WLR 1078. Oral promise overrode existing written contract conditions. Facts. The plaintiffs imported machines from Italy to England. The defendants were their forwarding agents. In terms of the contractual arrangements between the parties, the defendants had complete freedom ...
Both the start and end dates must be certain: Harvey v Pratt [1965] 1 WLR 1025. A certain length includes agreements that can be commenced or terminated by ascertainable …
YouTube. Contract Terms cases. Subjects| Law Notes| Contract Law. Bannerman v White (1861) 10 CBNS 844. British Crane Hire Corp v Ipswich Plant Hire [1975] QB 303. Dick …
Home. Watt v Hertfordshire. Watt v Hertfordshire [1954] 1 WLR 835. The claimant was a fireman. A woman had been involved in a traffic accident and was trapped underneath a lorry. This was 200-300 yards away from the fire station. The fire services were called to release the woman. They needed to transport a heavy lorry jack to the scene of the ...
Facts of the case (Godley v Perry) A plastic toy catapult was purchased by the claimant, a six-year-old child, from Perry, the first defendant, who managed a newsagent shop. In the process of using the catapult, the claimant's eye was lost. He filed a lawsuit against Perry for violating the implied terms of Section 14 (2) and (3).
McWilliams v Sir Arrol & Co Ltd [1962] 1 WLR 295. Failure to provide safety equipment under s26(2) Factories Act 1937; causation; claimant would not have worn it. Facts. The claimant was an experienced steel erecter who fell 70 feet to his death from a steel tower he was working on. His employer had failed to provide him with a safety harness ...
On the Milroy v Lord principle. The general principle is that equity will not assist a volunteer: Milroy v Lord. Equity has " tempered the wind (the principle in Milroy v Lord) to the shorn lamb (i.e. the intended donee)" in the following ways: The principle in re Rose, which states that an imperfect gift will be perfected if the donor had ...
