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Law Booklet Cases
Terms in this set (80)
Jones v Padavatton 1969 (Contract)
Legally bound. Mom promised to pay £200 a month if her daughter quit her job in the US and went to London to study for the bar. Daughter believed that she meant USD, not Trinidad $. Mom agreed to buy a house for the daughter and her grandson. The daughter married and quit her studies and Mom sought possession of the house. Held that the agreement was purely domestic, thus parties did not intend to be legally bound.
R & B Customs Brokers Co Ltd v United Dominions Trust (1988) (Contract)
Consumer contract. R&B bought faulty second-hand car. It is a business, so technically a business to business contract, but there was no regularity as it was the second or third car that was bought, therefore considered a consumer contract. Held due to consumer contract, it was entitled to end contract and claim damages due to broken car.
Stevenson v Rogers (Contract)
Business contract. Rogers sold a fishing boat to Stevenson. Breach of S14 Sale of Goods Act, as it was of unsatisfactory quality, but only applies in business course. Rogers said his business was fishing, not selling boats. Held that sale was in course of business, Rogers had to ensure quality.
Hong Kong Fir Shipping v Kawasaki Kisen Kaisha 1962 (Contract)
Innominate term. Ship was chartered to Kawasaki for 2 years. Term included that it was seaworthy for the entire hire. Engine problems occurred, had to be taken out of the sea for 20 weeks. Kawasaki said this was a breach of condition and ended the contract. HK said it was not a condition. Held that it was a wrongful repudiation. 20 weeks out of 2 years is minimal damage, so innominate term approach said it was a warranty, thus breach of conduct.
Rowland v Diwall 1923 (Contract)
S.12 SoGA Title. Rowland was a car dealer who bought a car for £334. He painted it and sold it on for £400. Two months later the car was stolen and then returned to the original owner. Both were unaware of the theft. Rowland returned the £400 and sued Diwall. Held that Diwall did not get a good title, thus kept ownership and got 2 months of use for free, while Rowland got his original money back but no compensation for the work carried out.
Beale v Taylor 1967 (Contract)
S.13 SoGA Description. Taylor published an advertisement for a car. Beale bought it, thought it was the 1961 model, although in fact it was two cars welded together, not roadworthy. Held that it was not a sale by description, as Beale saw, tried & approved the car before buying it. He appealed and was awarded damages as he could not have known, therefore it was a sale by description after all.
Harlingdon & Leinster Enterprises Ltd v Christopher Hull Fine Art Ltd 1991 (Contract)
S.13 SoGA Description. Harlingdon sent experts to check a painting before sale. Turned out to be false. Held that it was not a sale by description as experts had checked the painting beforehand.
Ward v MGM Marine Ltd 2012 (Contract)
S.14(2) Quality. Ward bought a yacht for £296,000. It exploded, MGM argued burden of proof was not satisfied. Held that Ward received damages as no other cause for the engine explosion was found, thus unsatisfactory quality.
Frost v Aylesbury Dairy Co 1905 (Contract)
S.14(3) Purpose. Woman died of typhoid from infected milk supplied by Aylesbury. Held that the milk was not fit for purpose. The defense that the skill was not there to check the quality of the milk was unsatisfactory.
Godley v Perry 1960 (Contract)
S.14(3) Purpose. Boy bought a plastic catapult from Perry, which broke and ended up injuring his eye. It was held that the purpose was implied, thus Godley could claim damages.
Centrica v Accenture 2010 (Contract)
Exclusion clause. Accenture had to pay since their exclusion clause did not cover the damages.
Thompson v London, Midland and Scotland Railway Co 1930 (Contract)
Exemption clause. Thompson was injured stepping off a train. There were many notices on the platform excluding liability, on tickets too. Thompson was illiterate, said the firm did not bring it to her attention. Held that the clause was incorporated. Thus there was no duty to ensure every traveller was aware.
Olley v Marlborough Court Hotel (Contract)
Exclusion clause. Olley booked into a hotel, with the contract being made at reception without a mention of an exclusion clause. In the room on the back of the door there was a clause excluding liability for loss/theft/damage. Fur coat was stolen and held that the notice was ineffective, as the contract had been made before he had a chance to read it.
Woodman v Photo Trade Processing 1981 (Contract)
Exclusion clause. Photo Trade lost pictures from a wedding. Standard contract clause excluded liability for damages that exceeded the cost of material. It was held that the defendant was liable, as no other shop was available, no service was offered without such a clause (e.g. insurance option).
George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd 1983 (Contract)
Unreasonable clause. George Mitchell bough cabbage for £192. The seed was defective, but a clause limited liability to the price of the seed. Claimant lost £60,000. It was held that clause was unreasonable, buyer was unaware of fault yet the seller knew.
Lord McAlpine v Sally Bercow 2013 (Tort)
Defamation. Sally tweeted "why is Lord McAlpine trending
" on Twitter, after seeing a news report about him being a peadophile which ended up being untrue. It was held that it was defamatory. Both parties reached an agreement, Bercow paid damages and the money went to charity
Sheridan v News Group Newspapers 2006 (Tort)
Defamation. News Group published articles alleging Sheridan committed adultery and thus resigned from his post in the Scottish government. Even though many witnesses confirmed the adultery (at a later trial about his perjury), it was held that Sheridan had been defamed and he received £200,000.
McManus v Beckham 2001 (Tort)
Slander. Whilst visiting McManus's autograph shop, Beckham claimed that a signed photograph of her husbands was not genuine. Untrue, and published in many magazines. Held that it was slander, received £55K as judge said she should have known it would be published.
Donoghue v Stevenson 1932 (Tort)
Neighbour test. Donoghue went to a cafe with her friend. The friend bought a ginger beer and ice cream, of which the contents could not be seen. Donoghue poured out the bottle after which a decomposed snail fell out. She suffered personal injury and Stevenson argued there was no contract in place as her friend bought the beer. Finally, at the House of Lords, it is agreed she is owed compensation. Established modern law of negligence and the neighbour test.
Caparo Industries v Dickman 1990 (Tort)
Home Office v Dorset Yacht 1970 (Tort)
Foreseeability of harm. Young offenders did supervised work no Brown Sea Island under Borstal regime. Officers retired for the evening, leaving them unattended. 7 escaped, stole a boat and collided into C's yacht. Held that the Home Office had a duty of care as it controlled the 3rd party and it was foreseeable that such damage would occur.
Bourhill v Young 1943 (Tort)
Sufficient proximity. Bourhill a pregnant fishwife, got off a tram to get a basket when young sped past on his motorcycle and hit a car 50 yards away and died. Claimant heard the crash, did not see it. Walked past the area, and saw the remaining blood on the pavement. She went into shock and her baby was still born. Held that there was no duty of care owed by Young due to insufficient proximity.
Hill v Chief Constable of West Yorkshire 1988 (Tort)
Fair to impose duty of care. J Hill was the final victim of the Yorkshire Ripper, who committed 13 murders and attempted 8 in 5 years. Mother claimed she told police clues, who were negligent in detecting Sutcliffe. Held that no duty of care owed due to public policy considerations.
Nettleship v Weston 1971 (Tort)
Duty established via case law. Weston was a learner driver, got lessons from friend (Nettleship) who checked that insurance covered her for passengers. Weston crashed the car, Nettleship fractured his knee. Weston said standard of duty should be lowered for learners and claimant accepted risk by getting into the car (volenti non fit injuria). Held that Weston is expected to meet same standard, volenti did not apply due to d checking insurance, but because of contributory negligence was only forced to pay 50% of damages.
Bolton v Stone 1951 (Tort)
Magnitude of risk. Cricket ball struck bolton outsider her home, who brought an action against the cricket club for nuisance and negligence. Cricket field surrounded by 7ft fence, distance to Bolton 100 yards, only hit a ball so far out 5 times in 30 years. No breach of duty as likelihood of harm was too remote and cricket club had taken all the practical precautions in the circumstances.
Latimer v AEC Ltd 1957 (Tort)
Practicality of precautions. Factory had been flooded due to weather, AEC put up warning signs, mopped up and place sawdust in most used places. Latimer slipped and sued. Trial judge said breach as factory should have been closed, but later held that there was no breach as there was no duty to close the factory, all reasonable precautions had been taken.
Watt Hertfordshire County Council (1954)
Social utility. Watt was a fireman. Woman was involved in a traffic accident and trapped underneath a truck 300 yards from the fire station. Fireman had to transport heavy truck jack, but normal transport was not available. Fire chief ordered firemen to lift jack onto the back of a truck and hold it, as there were no means to secure it. Truck braked, jack fell and caused severe injuries to Watt's leg. Held there was no breach of duty as the emergency of the situation and utility of D's conduct in saving a life outweighed the need to take safe precautions.
Wilson v Governors of the Sacred Heart Roman Catholic Primary School, Carlton 1997 (Tort)
Common practice. 9-year old boy was hit in the eye by a coat from another boy. Attendants were provided by the school to supervise kids at lunch but not after school when going home. Held there was no breach of duty as it could have happened anywhere, not particularly in school, so attendants owed no duty of care.
Paris v Stepney Borough Council 1950 (Tort)
Paris had sight in one eye only due to an injury from the war. As a garage hand, a splinter of metal went into his other eye causing complete blindness. Stepney gave no safety goggles, argued there was no breach as they did not provide goggles to anyone. Held there was a breach as the employer should have provided goggles to Paris due to greater seriousness of harm to him. Duty is owed to particular claimant, not a class of persons of reasonable workers.
Mullins v Richards 1999 (Tort)
Duty of care. 2 15-year old girls were fighting with plastic rulers. A ruler snapped and a splinter went into one of the girl's eyes causing blindness. Girl brought actions against other girl for negligent actions. Held that the girl was only expected to meet standard of 15-year old school girl, not reasonable man. No breach of duty.
Bolam v Friern Hospital Management Committee 1957 (Tort)
Bolam test. Bolam had therapy for mental illness, a electro convulsive therapy. Doctor gave no relaxant drugs, Bolam got a skull fracture. Divided opinion amongst doctors about the necessity of the drug. If given, small risk of death, if not, small risk of fractures. Held no breach, formulated the Bolam test - not guilty if acting in accordance with practice accepted as proper by a reasonable body.
Barnett v Chelsea and Kensington Hospital Management Committee 1969 (Tort)
Barnett went to the doctor with complaints of severe stomach pain. Doctor sent him home, told him to call his GP in the morning. Barnett died 5 hours later of arsenic poisoning. Had he been examined, there would have been nothing to save him. Held doctor was not liable, as the failure of an examination did not cause his death.
McKew v Holland Hannen & Cubitts Ltd 1969 (Tort)
Novus actus interveniens. McKew got an injury at work due to the employer's breach of duty. Strained his back and hips and his leg was prone to giving away. Attempted to climb down steep concrete staircase without a handrail and felt his leg give away, so he jumped the last 10 steps to the bottom, fractured his right ankle and was left with a permanent disability. Held that HH was liable for the first injuries but not the latter ones resulting from the jump, as climbing down was an unreasonable act (nous acts interveniens).
Wagon Mount Case 1961 (Tort)
Remoteness of damage. Wagon mound, a vessel, leaked furnace oil in the wharf in sydney harbor. Some cotton debris became embroiled in the oil and sparks from some welding works ignited it. Fire spread rapidly causing destruction of some boats and the wharf. Test of remoteness introduced to see what damage was foreseeable. If foreseeable type present, extent does not mater. D was in breach of duty, as likelihood was low, yet seriousness of harm was high and would have cost nothing to prevent.
Hughes v Lord Advocate 1963 (Tort)
Foreseeability. Two boys aged 8 & 10 went exploring an unattended manhole which had been left by workmen taking a break. It was surrounded by a tent and some paraffin lamps to warn road users. Boys took one of the lamps down, dropped it and an unforeseeable explosion resulted in extensive burns. Held that the damage was not too remote as it was foreseeable that boys may suffer burn from a lamp. Fact that it resulted in an unforeseeable explosion did not prevent the type of damage being foreseeable.
Vacwell Engineering v BDH Chemicals 1970 (Tort)
Remoteness. Chemicals exploded on contact with water, supplied without warning to Vacwell. Huge explosion was triggered, BDH liable as the type of damage was foreseeable and the extent unimportant.
Smith v Leech Brain & Co 1962 (Tort)
Thin skull rule. Widow brought claim against Leech under Fatal Accidents Act for death of her husband, who was employed by them. Due to negligence, Smith burnt his lip which contained pre-cancerous cells which were triggered. Died three years later from cancer and it was held that the burn was a foreseeable consequence of negligence. Leech was held liable, as they must take their victims as they find them, no matter whether a normal person would have died or not.
Alcock v Chief Constable of South Yorkshire 1991 (Tort)
Hillsborough football stadium in Sheffield in the FA Cup semi-final between Liverpool and Nottingham Forest. Police responsible for crowd control, negligent in controlling excessively large number of spectators to one end of the stadium. A fatal crush resulted in 95 deaths and 400 injuries, broadcast on live TV. 16 claims for nervous shock resulting in psychiatric injury, 10 successful. Set distinction between primary and secondary victim.
McLoughlin v O'Brian 1983 (Tort)
Secondary victim. McLoughlin's husband and 3 children were involved in a serious road traffic accident, where the car hit a truck due to negligence of O'Brian. One child killed on impact, the rest transported to hospital. Mother was contacted, who then drove to the hospital. She saw the aftermath as the surgeries had not started yet. Suffered severe shock, organic depression and personality change. House of Lords said duty of care was owed and O'Brian liable as they extended the class of persons who would be considered proximate to the event to those who came within immediate aftermath of the event.
Rose v Plenty 1963 (Tort)
Vicarious liability. Plenty was a dairy milkman. Had to jump out of the milk float and deliver the bottles. Some milkmen got kids to jump onto the truck and deliver the milk. Rule was issued that this was forbidden, yet not enforced and remained a common practice. Rose got on the float, it crashed and he was injured. Held that the employer was negligent due to it happening during the course of business, thus liable.
Hilton v Thomas Burton (Rhodes) Ltd 1961 (Tort)
Vicarious. Construction company have workers transported to construction site via bus. They were allowed to use the van to access facilities etc. One day they finished early and took the van to get refreshments during a very lengthy drive. Realized they ran out of time, rushed back, crashed and one worker died. Hilton sued the company yet it did not happen during the normal course of business, it was a "frolic of their own" thus the employer was not liable.
Jolley v London Borough of Sutton 2000 (Tort)
Occupier's liability. Two 14-year-old boys found an abandoned boat on land owned by the council and decided to fix it. Boat was in a very rotten condition which posed danger. Council stuck a notice on it saying not to touch it and that it would be taken away within 7 days, if owner did not take it. Council never removed it. Boys worked on it for 6 weeks, one suffered severe spinal injuries when it fell on him. Jolly brought action under Occupiers Liability Act 1984. House of Lords said that the appeal was allowed, as the risk that children would "meddle" with the boat was foreseeable and the injury fell within that description.
Scott v Associated British Ports 2000 (Tort)
Occupiers. Defendant owned land where there was a railway line. In separate accidents, 4 years apart, 2 boys lost limbs where they had played on the land and attempted to get on moving trains. First accident the defendant was not liable, as no duty of care existed since they were unaware of the risk. Liable for the second accident since newspaper coverage and complaints had made them aware.
Baker v T E Hopkins & Son Ltd 1959 (Tort)
Volenti. Ward & Wileman were employed by TE. Called to clean well, after test concluded that the atmosphere in the well was fine. Took down a petrol motored pump, left the engine running and exited. It ran for 1 and a half hours before stopping. TE told them not to go down until the fumes cleared, and said not to go down the next day until he arrived. Ward wen down, was overcome by fumes. Wiseman called for help, went in after. Baker arrived, went in as a doctor to help, and all three died of carbon monoxide poisoning. Held that Baker's actions were not novus actus interveniens. Foreseeable that if TE by negligence places another in peril that someone may come to the rescue. Baker's actions not defeated by volenti. He was a doctor and as such his actions did not count as freely and voluntarily accepting risk.
Ashton v Turner 1981 (Tort)
Ex turpi causa. Ashton was injured when Turner crashed their car in which he was a passenger. The crash occurred after they both had committed a burglary and Turner, who had been drinking, was driving negligently in an attempt to escape. Judge dismissed claim that as a matter of public policy the law would not recognise duty of care owed by one participant in a crime to another. Held that even if the duty of care was owed, Ashton had willingly accepted as his the risk of negligence and injury resulting from it.
Revill v Newbury 1996 (Tort)
Trespass to person. Newbury was 76 years old and owned an allotment which had a shed on it where he kept valuable items. Had been broken in various times. He started sleeping in there with a shotgun. Revill tried to break in, Newbury woke up and fired through a small hole in the door, which hit Revill's arm and entered his chest. Both were prosecuted. Revill got 1/3 of the damages due to the contributory negligence.
Smith v Eric Bush 1990 (Contract)
UCTA. Survey report of Smith's house by Bush did not show structural damage. The chimney collapse, yet the contract was between the claimant and the mortgage company, excluded surveyor from liability. It was held that UCTA said it was a modest family home so liability could not excluded.
Curtis v Chemical Cleaning 1951 (Contract)
Misrepresentation. Curtis bought a wedding dress and the assistant made her sign a form saying it excluding them from liability for damage of the beads. It actually excluded all liability. It was returned badly stained and held that it was a misrepresentative clause, so the term could not be relied on.
Bettini v Gye 1876 (Contract)
Warranty breach. Bettini agreed to perform as an opera singer for 3 months. Missed 6 days of rehearsal due to sickness. Bye fired and replaced him. Held that Bettini breached a warranty, not a condition, so Gye was not entitled to rescind the contract.
Albert v MIB 1971 (Contract)
Legally bound. Docker killed in a road collision on his way to work, was a passenger in a car owned and driven by a coworker. Drive drove him and other dockers for money for 8 years. Claim made against MIB as driver had no insurance cover for passengers. MIB only had to pay if there was a contract between the docker and the driver. Held that lifts were offered in a commercial context as he had driven many people. Therefore there was an intention to be legally bound.
D&C Builders v Rees 1964 (Contract)
Consideration. D&C was going bankrupt, had a project at Rees. The defendant lowered the price from £482 to £300, knowing they needed money and were desperate. It was held that £482 had to be paid as there was clear consideration initially.
Poussard v Spiers 1876 (Contract)
Poussard agreed to be an opera singer for 3 months. He could not perform on the first 4 opening nights due to an illness and thus got replaced. It was held that he breached a condition as the opening night was very important, thus Spiers was entitled to rescind the contract.
Baird Textiles Holdings v Mark & Spencers PLC 2001 (Contract)
Implied terms. Baird gave clothing to M&S for 30 years, yet the contract suddenly ended. Blaird said there should have been reasonable notice and as it was nowhere in the contract, argued that it was an implied term. Held that it formed no part of the contract, thus M&S won.
Tweddle v Atkinson 1861 (Contract)
Privity. Tweddle was engaged to Miss Guy. Groom's father agreed to pay £200 if bride's father paid £100 in a written contract. Guy died and the estate did not pay. Held that it was not successful, as no stranger (3rd party) to consideration can take advantage of a contract.
Re McArdle 1951 (Contract)
Consideration. Carried out repairs on bungalow. Husband and sisters agreed to pay her £480 after the repairs had been done for proceeds of sale. Payment was never made. Held that the payment promise was made after consideration so it was not binding. Past consideration is not valid.
Balfour v Balfour 1919 (Contract)
Legally bound. Husband worked oversees, agreed to send maintenance to wife. At time of agreement they were happily married. Later soured, no payments made. Wife tried to enforce. Held that the agreement was purely domestic, presumed parties did not intend to be legally bound.
Carlill v Carbolic Smoke Ball Co 1893 (Contract)
Offer Carbolic placed a newspaper ad, offering £100 to any person that got influenza after using the ball 3 times daily for 2 weeks according to direction given. Mrs Carlill did it go the flu, wanted the money. Said Carbolic had deposited £1,000 for this reward already. Held the Carlill was entitled to her reward as ad constituted an offer of a unilateral contract which she accepted by performing the conditions. The deposit showed intent.
Fischer v Bell 1961
Invitation to treat. Bell had a flick knife in a shop window with a price tag. Statute says it is illegal to 'offer' those goods. Held that it was legal, as goods on display are not offers, but merely invitations to treat.
L'Estrange v Graucob 1934 (Contract)
Bound to signed contract. L'Estrange bought a cigarette vending machine for her cafe. Signed order form that in small print stated that they are excluded from any express or implied condition, statement of warranty, statutory. Machine was faulty. Held contract was signed, so she was bound to terms, no matter whether she read the terms or not.
Doughty v Turner 1964 (Tort)
Novus actus. Asbestos lid accidentally knocked into a cauldron of molten liquid which caused an explosion. Doughty was standing close by and suffered burns. At the time of the incident it was not known that asbestos could react in such a way to cause the explosion. Held that the damage was too remote, as it was not foreseeable.
Sayers v Harlow UDC 1958 (Tort)
Contributory. Harlow was a local authority providing public toilets. Sayers tried to leave cubicle, found handle missing. After trying to get help for 15 minutes, she tried to climb out by standing on toilet roll holder, slipped and injured herself. Held that injury was a foreseeable consequence of negligence but was reduced by 25% due to the relying on toilet roll as a secure foothold.
Yachuk v Oliver Blais Co 1949 (Tort)
Age. Petrol was sold to Yachuk aged 9 who was unaware of its dangerous properties and suffered injury. Held that duty of care may be owed due to them being unable to appreciate the risks to which he will be exposed.
Bernstein v Skyviews & General 1977 (Tort)
Trespass land. Bernstein complained that Skyviews had flown over his and neighbouring properties and taken aerial photographs, infringement of personal privacy and invaded airspace. Held that it was not a trespass as any satellite passing over would be in breach then too.
Kelsen v Imperial Tobacco Co 1957 (Tort)
Trespass land. Imperial committed trespass by allowing advertising board to project 8 inches into Kelsen's property on ground level and another 8 above, held that it trespassed airspace.
The Tubantia 1924 (Tort)
Trespass goods. SS Tubantia ocean liner that sank with large amount of gold coins. Wreck located years later and recovery initiated. Sippe marked the wreck with buoys, obtained limited access and sent in divers. Held that Sippe had sufficient control and use of the wreck to support his intention to exclude.
Leigh v Gladstone 1909 (Tort)
Trespass person. Not assault to force-feed a prisoner (suffragette) against her will if it was to save her from injury.
Lane v Holloway 1968 (Tort)
Trespass person. Lane injured by Holloway in a fight. Holloway owned a cafe close to where Lane lived. Cafe was frequented by youths late at night. Lane objected to behaviour of youths, relations with neighbour strained, shouted abuse at Holloway's wife from outside. Holloway went outside, Lane thought he was about to get hit, punched him. Holloway punched back, gave him 18 stitches and surgery. After appeal it was held that there was no ground to reduce damages for provocative conduct.
Castle v St Augustine's Links Ltd 1922 (Tort)
Nuisance. Golf balls were regularly hit onto a road, one of them which happened to injure a man Held that this was a nuisance due to the duration of repetition of an obnoxious activity.
Christie v Davey 1893 (Tort)
Christie was a music teacher, gave private lessons at her home, lived in a semi-detached. Davey complained, took to banging on walls and shouting, beating trays. Held that his actions were motivated by malice = nuisance.
Rylands v Fletcher 1868 (Tort)
Nuisance. Fletcher owned a mill, constructed reservoir on his land, over a disused mine. Water filtered through the mine shafts and spread to a working mine owned by Rylands causing extensive damage. Held that Fletcher was strictly liable because of non-natural use of land.
Peters v Prince of Wales Theatre (Birmingham) Ltd 1943 (Tort)
Rylands. Peters leased a shop adjacent to theatre, sustained flood damages when pipes from theatre's sprinkler system burst due to icy weather conditions. Held that the theatre was not liable, as the sprinkler system was equally of benefit for Peters, who consented with the installation.
Attorney General v Corke 1933 (Tort)
Rylands. Core whose land had been occupied by caravan dwellers was liable and restrained by injunction. Offending acts had been committed by caravan dwellers, who were allowed to stay on his land.
Hulton & Co v Jones 1910 (Tort)
Libel. D printed an article that accused a man named Artemus Jones of adultery. In the article, he was a churchwarden in Peckham. Claimant was a lawyer named Thomas Artemus Jones of North Wales. Defendant did not know Claimant, used fictitious name. Held that intending not to defame was not a defense = liable.
Youssopoff v MGM 1934 (Tort)
Defamation. MGM made a film which falsely imputed that Youssopoff had been raped or seduced by Rasputin. The defamatory matter was in pictorial (not soundtrack) part of the picture and was held as libel. Judge referred to a permanent matter capable of being seen by the eye.
Caparo v Dickman 1990
Negligence. Caparo purchased shares in Fidelity Plc in reliance of the accounts which stated that the company had made a healthy pre-tax profit. Actually made a loss. Caparo brought action against auditors for negligence in certifying accounts. Held no duty of care was owed, as there was not sufficient proximity.
Barrett v Ministry of Defense 1995 (Tort)
Barrett's husband was in Navy, celebrated birthday, got very drunk, passed out. Petty officer was told to lay bring him to his bed, was in a coma, checked in on him twice, died later. After appeal, held that MOD were liable since duty of care did arise as soon as someone took care of him when he passed out, failed to ensure appropriate supervision.
Topp v London Country Bus Ltd 1993 (Tort)
London Country left mini-bus in lay-by overnight, unlocked with keys in ignition, driver did not show. Thieves stole it and knocked a woman off her bike, killing her. Held that London Country was not liable, as no duty of care for acts of third party and unforeseeable that thieves would take the bus and do that.
White v Chief Constable of South Yorkshire Police 1992 (Tort)
Recoverable loss. Said police officers should not have been exposed to such distress due to negligence. Held not entitled to recover for psychiatric injury. Rescuers are secondary victims.
Warner Bros v Nelson 1937 (Tort)
Equitable remedies. By contract, Nelson agreed to act exclusively for Warner Bros for two years, contract said no other employment allowed. She moved to England, agreed to act for someone else, WB wanted an injunction, granted but only in so far as it prevented her from acting or performing for another.
Easson v LNE Railway 1944 (Tort)
Easson injured by falling out of a door on the train, several miles from the last station. Doors operated manually by passengers. Held LNE not liable, as not sufficiently in control of closing door and the distance travelled meant another passenger may have interfered with the door.
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Breach of Duty of Care
Tort Law Cases
LAW CASES - CONTRACT
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