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 …

FACTS. Mr. Charles Walter Bentley, also known as Dick Bentley, brings a legal action against Harold Smith (Motors) Limited for breach of warranty on the sale of a car. Mr. Smith informed Mr. Bentley that he had purchased a Park Ward convertible car with a replacement engine and gearbox, which had done only 20,000 miles since the refit.

Facts. Mr and Mrs Evans (Ds) applied to NRAM (C), for a mortgage to buy a house. In 2004, they obtained a second loan to replace the first loan, but the legal charge remained on the register and was intended to secure the second loan. In 2014, Ds wrote to C that the mortgage has been redeemed since the first loan was paid off, without ...

Dick Bentley Productions Ltd v Harold Smith Motors [1965] 1 WLR 623; 2 All ER 65. This case considered the issue of terms of a contract and whether or not a representation about the mileage of a car from a car salesman that induced him to purchase the car amounted to a term of the contract.

Oscar Chess v Williams [1957] 1 WLR 370. The steps to be taken in identifying a warranty. Facts. The defendants sold a Morris car to the claimants, who were motor traders, for £290. The defendants provided a copy of the vehicles first registration indicating that the car was first registered in 1948. Some eight months later the claimants ...

Plowman J. Reeve v Lisle established what has to be looked at in the case of a mortgage transaction is the substance of the matter and not the form in which the bargain is carried out. The object and purpose with which the documents were entered into must be inquired into. Here, the loan was made on condition of the option being granted. Thus ...

The claimant (E) was born in Hong Kong, as a British subject. British officials handed her into Japanese custody during the latter's occupation of Hong Kong in World War 2. After her liberation in 1945, E lived on and off in the UK and then permanently became a UK citizen in 1976. To be eligible for the non-statutory Far Eastern Prisoner of ...

Facts. A company created a pension scheme which provided defined benefits for the company's employees, their widows and designated beneficiaries, funded by member's contributions and company contribution. Clause 4 of the trust deed provided that no money which at any time had been contributed by the company was in any circumstances to be ...

R v Howard (1966) 50 Cr App R 56. Capacity to give consent for the purposes of Sexual Offences Act 1956, s 1. Facts. The victim was a 6-year-old who was sexually assaulted by the defendant in her home. On the night in question, the defendant entered the victim's home and assaulted her leaving semen stains, pubic, other hairs and a button ...

Legal Principles and Key Points. In the case of R v Jones [1990] 1 WLR 1057, D would have needed to remove the safety catch of his gun pointed at V, put his finger on the trigger and pull the trigger to complete the entirety of an attempted murder offence. Under the Criminal Attempts Act 1981, D's act out to have been 'more than merely ...

A man was told he had to leave a flat by the owner and she allowed him to take her valium tablets to calm him down. In a state of intoxication he set fire to a wardrobe. The judge directed that voluntary self-administration of intoxicants was not a defence since it did not negate the mens rea. He was convicted of arson.

R v B [2007] 1 WLR 1567. Whether HIV status relevant to consent to . Facts. The defendant was accused of raping a victim outside of a nightclub. After his arrest, the defendant informed the custody officer that he was HIV positive, and had not told the victim of this prior to them having intercourse. This information was adduced by the ...

Jones v Padavatton [1969] 1 WLR 328. Agreement for mother to maintain daughter; whether intention to create legal relations. Facts. A mother and daughter came to an arrangement whereby the mother agreed to maintain her daughter if she agreed to study for the bar. The daughter commenced her studies and the mother paid her an allowance.

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 ...

damages for breach of warranty on the ground that the defendant had made a statement about mileage which proved to be false: Dick Bentley Productions Ltd v Harold Smith (Motors) Ltd [1965] 1 WLR 623, p 627. Book Sourcebook on Contract Law. Edition 1st Edition. First Published 1995. Imprint Routledge-Cavendish. Pages 1. eBook ISBN …

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 …

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 …

[1965] WLR 668 [1965] 2 All ER 875 [1965] 1 WLR 668 [1965] UKPC 7. Case Information. CITATION CODES ATTORNEY(S) See more information ... Smart Summary. Please sign up to generate summary. Gulbanu Rajabali Kassam v Kampala Aerated Water Co. Ltd. (Eastern Africa) Contains public sector ...

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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.

Ashburn Anstalt v WJ Arnold & Co. Ltd [1989] Ch 1, Court of Appeal; Binions v Evans [1972] Ch 359, Court of Appeal; Manchester Airport v Dutton [2000] 1 QB 133, Court of Appeal; National Provincial Bank v Ainsworth [1965] AC 1175, House of Lords; Part 6: Leases. AG Securities v Vaughan; Antoniades v Villiers [1990] 1 AC 417, House of Lords ...

304 A RICHLEY (HENDERSON) v. FAULL., [1965] 1 WLR 1454 - Free download as PDF File (.pdf), Text File (.txt) or read online for free. The document is a legal report from SCC Online Web Edition discussing various pages from a legal publication. It reprints several pages from the publication discussing legal cases and rulings without providing much in …

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 written agreement specified that the term of the lease was to be for a period of twenty-one years and with an option for further renewal of this lease after this period ...

Facts. The defendant Council (D) failed to take steps remove an old abandoned boat on their land. Two teenage boys, the claimant (C) and his friend started to repair the boat and used a carjack to prop it up. One day, the boat began to wobble and as C tried to craw out, the boat toppled from the carjack and C's spine was crushed, resulting in ...

• the prosecution take the view that the witness is no longer credible (R v Oliva [1965] 1 WLR 1028; [1965] 3 All ER 116); or • the witness would so fundamentally contradict the …

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The claimant allegedly repaired the lorries and asked the defendant to collect them, but the defendant refused. The defendant denied that this was true. The defendant refused to pay any further instalments when the claimant asked. The claimant sued the defendant for the unpaid instalments. The defendant argued that they were barred from doing ...

View full document. Williams v Holland[1965] 1 WLR 739 is relied upon for this proposition. The relevant facts of that case were that the plaintiff, as the executor, served notice to quit on the defendants, who were specific devisees in occupation of the devised properties. The English Court of Appeal said: 'A more difficult question arises ...

Table Of Contents. RELATED CASES. Some men hit another man and believing him dead, left the body outside. The judge found as fact that the death had not come from the blow but from the exposure of being left outside. The defence said that the first act had a mens rea, but no actus reus, while the opposite was true of leaving him …

Gough v Thorne [1966] 1 WLR 1387; [1966] 3 All ER 398; (1966) 110 SJ 529. NEGLIGENCE, CONTRIBUTORY NEGLIGENCE, CHILDREN, ROAD TRAFFIC ACCIDENT, INJURY, CONTRIBUTORY NEGLIGENCE OF CHILD. Facts. ... (1) Generally, a child cannot be guilty of contributory negligence. (2) The only exception to this rule are …