ACFN5182 Business Law: Cases, Topics and Memory Cues

Vocabulary-style case law flashcards containing main topics and fact-to-rule memory cues for ACFN5182 Business Law.

Grant v Australian Knitting Mills

Precedent / duty of care: A consumer harmed by defective underwear recovered against the manufacturer; the court applied Donoghue as precedent.

Whiteley v Chappell

Literal rule: Impersonating a dead voter fell outside the literal wording concerning someone entitled to vote: literal rule.

Adler v George

Golden rule: Obstructing someone inside a prohibited place was covered by wording about its vicinity: golden rule avoids an absurd result.

Corkery v Carpenter

Mischief rule: A bicycle counted as a carriage for the drunk-in-charge offence: mischief rule and the danger the law targeted.

Young v Bristol Aeroplane

Binding precedent: The Court of Appeal generally follows its own previous decisions, subject to recognised exceptions: precedent.

Jones v Kaney

Expert witness negligence: An expert witness may be sued for negligent expert work; the example also illustrates a leapfrog appeal.

Pharmaceutical Society of GB v Boots

Invitation to treat: Medicines on shelves: the display invites an offer; the customer offers at the checkout.

Fisher v Bell

Invitation to treat: Flick knife in a shop window: invitation to treat.

Partridge v Crittenden

Invitation to treat: Bird offered in a newspaper advert: an ordinary advert is generally an invitation to treat.

Harvey v Facey

Information: Stating the lowest price gives information, not an offer to sell.

Carlill v Carbolic Smoke Ball Co

Unilateral offer: 100 flu reward advert backed by a claimed 1,000 deposit: a definite unilateral offer accepted by performing its conditions.

Bloom v American Swiss Watch Co

Unknown offer: Information was supplied before the informant knew of a reward: cannot accept an unknown offer.

Byrne v Van Tienhoven

Revocation takes effect on communication: A posted withdrawal arrived after acceptance: revocation takes effect on communication, not posting.

Routledge v Grant

Revocation: An offer said it would remain open for six weeks but was withdrawn earlier: a bare promise to hold it open need not prevent revocation.

Hyde v Wrench

Counter-offer rejected: Buyer proposed 950 instead of 1,000: the counter-offer rejected the 1,000 offer.

Entores v Miles Far Eastern Corp

Instantaneous communication: Acceptance sent by telex: an instantaneous communication generally takes effect on receipt.

Adams v Lindsell

Postal rule: Acceptance by letter: the postal rule can make acceptance effective on posting.

Currie v Misa

Definition of consideration: Classic description of consideration as a benefit to one party or a detriment to the other.

Re McArdle

Past consideration: Renovations completed before a promise of reimbursement: past consideration generally fails.

Chappell v Nestl

Consideration: Money plus three chocolate wrappers for a record: wrappers were part of the consideration despite negligible value. (Cited as [1960] AC 87).

Collins v Godefroy

Public duty: A witness already legally obliged to attend court: existing public duty was not fresh consideration.

Glasbrook Bros v Glamorgan CC

Extra service: Police supplied protection beyond what they considered their public duty: that extra service could support payment.

Stilk v Myrick

Contractual duty: Sailors doing their original job after desertions: existing contractual duty usually cannot support promised extra wages.

Hartley v Ponsonby

Extra work and risk: Many crew deserted, making the remaining voyage substantially different: extra work and risk supported extra wages.

Williams v Roffey Bros

Practical benefit: A contractor gained the practical benefit of timely work; a promise of extra payment could be enforceable.

Foakes v Beer

Part-payment: Paying a debt in instalments did not by itself extinguish all interest due: part-payment generally cannot discharge the whole debt.

Re Selectmove

Not extended to part-payment of a debt: A company proposed to pay tax arrears over time: the practical-benefit approach was not extended to part-payment of a debt.

Central London Property Trust v High Trees House (High Trees)

Promissory estoppel: Reduced wartime rent: promissory estoppel may prevent a landlord reclaiming the forgone difference for the relevant period.

Dunlop Pneumatic Tyre v Selfridge

Privity: A manufacturer could not enforce a retailer's price promise in a contract to which it was not a party: privity.

Jones v Padavatton

Domestic arrangement: Mother's arrangements with daughter concerning studies: domestic arrangement generally lacked legal intention.

Simpkins v Pays

Binding social arrangement: Household members and lodger agreed to share competition prizes: facts showed a binding social arrangement.

Esso Petroleum v Commissioners of Customs and Excise

Commercial legal intention: Coins offered with petrol purchases: a promotional promise can have commercial legal intention.

Rose and Frank v Crompton Bros

Business arrangement: An express honour clause rebutted the presumption that a business arrangement was legally binding.

Edwards v Skyways

Commercial presumption: Employer promised an ex gratia payment: ambiguous wording did not rebut the commercial presumption of legal intention.

Bannerman v White

Important statement became a term: Assurance about sulphur-treated hops was crucial to purchase: an important statement became a term.

Dick Bentley Productions v Harold Smith

Specialist assurance more likely a term: Specialist car dealer's inaccurate mileage statement: specialist assurance more likely a term.

Oscar Chess v Williams

Non-specialist statement was a representation: Private seller relied on inaccurate vehicle-registration information: non-specialist statement was a representation.

Scammell v Ouston

Essential uncertainty: Lorry sold on vague hire-purchase terms: essential uncertainty defeated the agreement.

Hillas v Arcas

Certainty of terms: Timber option was read with the parties' commercial context: agreement could be sufficiently certain.

Foley v Classique Coaches

Certainty of terms: Petrol supply price was to be agreed later, but the arrangement had operated: court could uphold a workable contract.

Jet2 v Blackpool Airport

Enforceable best endeavours: Airport's best endeavours commitment concerning operations: commercial wording could be enforceable despite some flexibility.

Hutton v Warren

Trade custom can imply a term: Tenant farmer sought compensation for work at the end of a tenancy: a trade custom can imply a term.

The Moorcock

Business efficacy: Ship was damaged at a wharf's riverbed: court implied a term needed for business efficacy.

Poussard v Spiers

Condition: Singer missed opening performances: breach of a condition permitted termination.

Bettini v Gye

Warranty: Singer missed rehearsals but could perform: breach of a warranty gave damages, not termination.

The Hansa Nord (Cehave NV v Bremer Handelsgesellschaft)

Innominate term: Citrus pulp pellets arrived in poor condition but remained usable: innominate term, examine consequences.

Hong Kong Fir Shipping v Kawasaki

Innominate term: Charter ship had problems, but the remaining benefit mattered: innominate term, examine severity of breach.

With v OFlanagan

Continuing misrepresentation: A true statement about medical-practice income became misleading before sale: correct a material statement that has become false.

Bisset v Wilkinson

Honest opinion: Seller's view about land's sheep capacity was an honest opinion, not an actionable fact statement on those facts.

Attwood v Small

Reliance / inducement: Buyers relied on their own investigation of a mine: inducement and reliance on a misrepresentation matter.

Spice Girls v Aprilia

Misrepresentation by conduct: Group's participation in promotion created a misleading impression: misrepresentation by conduct.

Atlas Express v Kafco

Economic duress: Carrier demanded more money when customer had no practical alternative: economic duress can invalidate apparent consent.

Cutter v Powell

Entire-obligation: Sailor died before finishing an entire voyage: a strict entire-obligation contract was not completed.

Hoenig v Isaacs

Substantial performance: Furnishing work had minor defects but was substantially done: substantial performance permitted payment less defects.

Ritchie v Atkinson

Divisible obligation: Only part of a cargo was carried: payment could be apportioned for a divisible obligation.

Planche v Colburn

Quantum meruit: Publisher cancelled a series after author began his commissioned book: quantum meruit for work done after prevention of completion.

Taylor v Caldwell

Frustrated: Music hall burned down: destruction of essential subject matter frustrated the contract.

Gamerco v ICM/Fair Warning

Frustration: Safety authority withdrew concert-venue permission: venue contract was frustrated.

Re Shipton, Anderson & Co and Harrison Bros Arbitration

Government intervention: Government requisitioned warehouse wheat: government intervention made delivery impossible.

Krell v Henry

Shared central purpose: Room hired for a cancelled coronation procession: loss of the contract's shared central purpose caused frustration.

Herne Bay Steam Boat v Hutton

Was not frustrated: Naval review was cancelled but an agreed cruise was still possible: contract was not frustrated.

Fibrosa v Fairbairn

Frustration: War made delivery of machinery to Poland unlawful: frustration and recovery of advance payment for total failure of consideration.

Condor v Barron Knights

Incapacity can frustrate: Drummer's illness prevented him meeting a seven-night performance commitment: incapacity can frustrate a contract.

Avery v Bowden

Waiting after anticipatory breach: A party faced an advance refusal to perform, but later war intervened: waiting after anticipatory breach can expose one to later frustration.

Hochster v De La Tour

Anticipatory breach: Courier engagement was cancelled before it was due to begin: anticipatory breach permits an immediate claim.

Hadley v Baxendale

Reasonable contemplation: Delayed mill shaft: damages cover losses arising naturally or within both parties' reasonable contemplation.

Ruxley Electronics v Forsyth

Loss of amenity: Swimming pool was shallower than promised but usable: loss of amenity could be awarded where rebuilding cost was disproportionate.

Perry v Truefitt (slides spell Truefit)

Passing off: Rival hair product used a confusing name: do not present your goods as someone else's goods.

Reckitt & Colman v Borden

Passing off: Jif lemon container: passing off requires goodwill, misrepresentation and damage.

Erven Warnink v Townend

Extended passing off: Imitation Advocaat drink: extended passing off can protect distinctive product descriptions and shared goodwill.

Fenty v Arcadia Group Brands

Authorisation or endorsement: Rihanna image on a Topshop T-shirt: its marketing could misleadingly imply authorisation or endorsement.

Thatchers Cider v Aldi

Trade-mark reputation/unfair advantage: Aldi cider presentation echoed Thatchers' lemon-cider branding: trade-mark reputation/unfair advantage issue.

Donoghue v Stevenson

Duty of care: Snail allegedly found in ginger beer: manufacturer may owe a duty of care to an ultimate consumer; neighbour principle.

Caparo Industries v Dickman

Did not owe a duty for that investment decision: Investor relied on audited accounts to buy more shares: auditors did not owe a duty for that investment decision; duty analysis includes foreseeability, proximity, and fairness.

Margereson v JW Roberts

Foreseeability of injury: Children exposed to asbestos dust near a factory: foreseeability of injury.

Evans v Triplex Glass

Proximity: Defective windscreen injured a vehicle passenger: proximity need not mean direct physical contact between maker and claimant.

Hill v Chief Constable of West Yorkshire

Fair, just and reasonable: Claim against police concerning the Yorkshire Ripper investigation: fair, just and reasonable aspect of duty on the facts.

Weller v Foot and Mouth Research Institute

Pure economic loss: Cattle disease disrupted auctioneers' business: pure economic loss generally not recoverable for a careless act alone.

Hedley Byrne v Heller

Negligent misstatement: Negligent bank reference: a special relationship may allow economic-loss claims for a careless statement; disclaimer barred this claim.

Morgan Crucible v Hill Samuel Bank

Negligent misstatement: Financial advice/accounts during a takeover: possible duty for negligent statements made to an identifiable relying party.

Dulieu v White

Primary-victim psychiatric harm: Pregnant pub worker feared for her safety when a cart crashed in: primary-victim psychiatric harm.

Alcock v Chief Constable of South Yorkshire

Limits on secondary-victim psychiatric-harm claims: Relatives and witnesses of Hillsborough victims: limits on secondary-victim psychiatric-harm claims.

Nettleship v Weston

Same objective driving standard: Learner driver injured instructor: same objective driving standard as a competent driver.

Bolam v Friern Hospital

Professional standard: Patient injured during medical treatment: professional standard assessed by responsible professional practice.

Bolton v Stone

Very low likelihood: Cricket ball rarely cleared boundary: very low likelihood of injury affects precautions required.

Miller v Jackson

Frequent foreseeable incidents: Cricket balls repeatedly entered nearby property: frequent foreseeable incidents differed from Bolton.

Paris v Stepney Borough Council

Seriousness of potential injury: Employer knew worker had sight in only one eye: seriousness of potential injury raised precautions needed.

Haley v London Electricity Board

Practical precautions: Blind pedestrian fell into inadequately guarded excavation: consider practical precautions for foreseeable users.

Watt v Hertfordshire County Council

Urgency and social value: Emergency rescue involved transport risk: urgency and social value affect reasonable precautions.

Barnett v Chelsea & Kensington HMC

But for causation: Patient would have died despite proper examination: failure did not satisfy but for causation.

Wilsher v Essex AHA

Prove the negligent act caused the harm: Premature infant's injury had multiple possible causes: must prove the negligent act caused the harm.

Hughes v Lord Advocate

Type of injury: Child's injury near a street excavation occurred in an unexpected manner: type of injury, not precise mechanism, must be foreseeable.

Smith v Leech Brain

Thin-skull rule: Burn triggered latent cancer: thin-skull rule; take claimant as found.

McKew v Holland

Break the chain of causation: Claimant's later unreasonable action caused another injury: may break the chain of causation.

Sayers v Harlow UDC

Contributory negligence: Person injured escaping a defective public toilet cubicle: contributory negligence can reduce damages.

ICI v Shatwell

Voluntary assumption of risk: Workers knowingly ignored safety precautions: voluntary assumption of risk could succeed on unusual facts.

Smith v Baker

Knowledge of risk alone is not consent: Worker knew of workplace danger but did not freely accept injury: knowledge of risk alone is not consent.

Ashton v Turner

Illegality: Injury during flight from a joint crime: illegality could bar the negligence claim.

Revill v Newbery (slides say Newberry)

Illegality defence: Burglar shot by householder: illegality is not an automatic bar; consider its link to the harm.

Hely-Hutchinson v Brayhead

Implied actual authority: Chairman regularly exercised managing-director powers with board acquiescence: implied actual authority.