Case Summaries
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Wilsher v Essex Area Health Authority
Example case summary. Last modified: 29th Sep 2021
Claimant always holds the burden of proving likely causation. An infant was delivered prematurely and shortly after was administered oxygen by a junior doctor, accidentally providing too much....
DPP v Smith - 1961
Example case summary. Last modified: 29th Sep 2021
Whether mens rea for murder is subjective or objective. Jim Smith (S) was ordered by a police constable to stop his car which contained stolen goods, however S accelerated instead....
Ramsgate Victoria Hotel v Montefiore - 1866
Example case summary. Last modified: 29th Sep 2021
The defendant, Mr Montefiore, wanted to purchase shares in the complainant’s hotel. He put in his offer to the complainant and paid a deposit to his bank account to buy them in June....
R v R - 1992
Example case summary. Last modified: 29th Sep 2021
The defendant married his wife (complainant) in August 1984. After the marriage did not work, she moved out in October 1989 and took her son to live with her parents. At the time of the incident in November 1989, they were separated but not legally divorced....
R v Bree 2007
Example case summary. Last modified: 28th Sep 2021
The defendant, Bree (B), visited his brother at University and went for an evening out with him and others, including the complainant (C). Both B and C consumed considerable quantities of alcohol, before returning to B’s brother’s home...
Cases on Preliminary Crimes
Example case summary. Last modified: 28th Sep 2021
Preliminary Crime Case Summaries. The defendant members of the ‘National Front’ had conducted a campaign against a Mr and Mrs W (a white couple) fostering black children....
Esso Petroleum v Mardon - 1976
Example case summary. Last modified: 28th Sep 2021
The Court of Appeal held that the contract could not be voided for misrepresentation as the defendants presented the inflated figure as an estimate rather than as a hard fact....
Murphy v Brentwood District Council
Example case summary. Last modified: 28th Sep 2021
The defendant local authority had negligently approved plans for the footings of a house (a task which fell within its responsibility in accordance with the provisions of the Public Health Act 1936). The claimant purchased the property, but some time afterwards it began to subside as a result of defects in the footings....
Home Office v Dorset Yacht Co Ltd
Example case summary. Last modified: 28th Sep 2021
Seven boys detained in a borstal – a type of youth detention centre, were working on an island under the supervision of three officers. The borstal boys escaped from the island at night with the plaintiffs’ yacht and damaged it....
Beswick v Beswick - 1968
Example case summary. Last modified: 28th Sep 2021
The court granted the widow an order of specific performance for the payment owed by PB’s nephew as an administrator to her husband’s estate. The court held that the damages would also not be limited due to the loss that had been caused to PB’s estate....
R v Pittwood - 1902
Example case summary. Last modified: 28th Sep 2021
The defendant was employed by a railway company to operate the gate at a level crossing across the track. He lifted the gate to allow a cart to pass across, but then failed to put it back down before going for his lunch break....
Shaw v DPP - 1962
Example case summary. Last modified: 28th Sep 2021
Conspiracy to Corrupt Public Morals – Prostitution – Public Morals – Court’s Ability to Create New Offence. The defendant created magazines, which contained personal adverts for prostitutes. This included their personal contact details, photographs and descriptions of their services....
Re McArdle - 1951
Example case summary. Last modified: 28th Sep 2021
Past consideration is no consideration.. Mrs McArdle had already performed the work before she asked for payment. Her consideration was in the past. Past consideration is not good consideration....
R v Miller [1983] 2 AC 161
Example case summary. Last modified: 28th Sep 2021
The court concluded that as he was responsible for having created the dangerous situation, the defendant was under a duty to take action to resolve it once he became aware of the fire....
Cutter v Powell - 1795
Example case summary. Last modified: 28th Sep 2021
Partial performance of a contract. Mr. Cutter, a sailor, was hired for a voyage and given a promissory note from his employment that ten days after the ship arrives at Liverpool, he will pay Mr. Cutter a certain sum....
Bisset v Wilkinson - 1927
Example case summary. Last modified: 28th Sep 2021
Whether a statement is one of fact or opinion for the purposes of rescinding a contract. The defendant in this matter was the purchaser of land in New Zealand which was purchased by the claimant for the purpose of sheep farming....
Royal Bank of Scotland v Etridge (No 2)
Example case summary. Last modified: 28th Sep 2021
Undue influence; married couple; notice of risk; protection of wife and lender. The case concerned eight joined appeals in which homeowners had mortgaged their houses to secure loans used by the husbands for their respective businesses. ...
R v A (No.2)
Example case summary. Last modified: 28th Sep 2021
In dismissing the appeal, the Court held that s.41(3)(c) of the 1999 Act should be construed, where necessary, by having regard to the interpretative obligation under s.3 of the 1998 Act and by giving adequate consideration to the need to protect a complainant from indignity and the possibility of humiliating questioning...
Ruxley v Forsyth - Case Brief
Example case summary. Last modified: 28th Sep 2021
Pool not built to specified depth; whether cost of re-instatement recoverable. Ruxley agreed to build a swimming pool at Forsyth’s home. The contract specified the depth of the pool was to be seven feet and six inches....
Victoria Laundry v Newman Industries
Example case summary. Last modified: 28th Sep 2021
Delayed delivery of boiler to laundry company; whether lost profits recoverable. Victoria Laundry Ltd (VLL) ordered a large boiler from Newman Industries Ltd (NIL) in contemplation of some lucrative dyeing contracts....
R v Prince - 1875
Example case summary. Last modified: 28th Sep 2021
Where a statute is silent as to the mens rea for an offence, the court is not bound to read a mens rea requirement into the statute. The offence was one of strict liability as to age, therefore a mens rea of knowledge of the girl’s actual age was not required to establish the offence. ...
Page v Smith - 1996
Example case summary. Last modified: 28th Sep 2021
The House of Lords found in favour of C, albeit by a bare majority (Lords Keith and Jauncey dissenting) and held that, provided it was reasonably foreseeable that C would suffer some physical injury as a result of D’s negligence, it was not necessary that the type of harm caused was itself reasonably foreseeable...
R v Kennedy - 2007
Example case summary. Last modified: 28th Sep 2021
It was held that as the victim was a fully informed and consenting adult, who had freely and voluntarily self-administered the drug without any pressure from the defendant, this was an intervening act....
Storer v MCC 1974
Example case summary. Last modified: 28th Sep 2021
In this case the defendant had made clear by their conduct and language that they intended to be bound upon the acceptance of the offer despite the fact that some terms remained to be agreed....
Flaminio Costa v ENEL - 1964
Example case summary. Last modified: 28th Sep 2021
Established the supremacy of European Community laws over the national laws of Member States. The claimant, Costa, was an Italian citizen with shares in the Italian electricity supply company Edisonvolta, and he sought to oppose moves by the State to nationalise the electric industry....
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