legal case studies

case study for legal gaps

englaro

case study for categories of rights, limits to private autonomy

dwarf tossing: a french mayor banned dwarf tossing. the participants argued the ban infringed on their right to earn income. the french government withheld the ban, with support from the UN human rights committee, emphasizing that it maintained public order. this also highlights about dignity is a non patrimonial right, and how it is a non disposable right.

case study for legal persons

roe v wade, dobbs vs jackson women’s health organization

legal personality case study

lenoir v sylvester 1830, north carolina, slaves were not recognized as natural persons with legal personhood.

contract misinterpretation/rule of wording vs context case study

wood v capita, sureterm company, only formally recorded complaints to the FSA were covered in the indemnity clause.

good faith case study

common law does not generally accept good faith, but some exceptions are yam seng vs ITC (because it was misleading), and bristol groundschool vs intelligent data capture (because its a relational contract but the breach of contract wasnt serious enough to end the contract)

postal rule/acceptance of contracts case study

holwell vs hughes

contracts with impossibility case study

commonwealth disposals commision vs mcrae, civil law doesnt recognize contracts that are impossible (except german BGB) but common law does, and commonwealth disposals commision got awarded damages from mcrae from trying to sell a tanker that didnt exist

avoidance of a contract due to it being misleading case study

spice girls vs aprilia, SGL was held liable because the photoshoot was a material inductment

case study for unfair terms

parking eye vs beavis, 85 euro overstay fee, court ruled it wasnt really unfair and that it was needed to prevent crowding

case study for termination of contract

hong kong vs kawasaki, a ship was chartered for 2 years but due to poor men and machinery there was a delay of 15 weeks. the court ruled only damages, no breach of contract since only an intermeditate term was breached.

case study on freseeability

hadley’s mill vs baxendale, crankshaft.

penalty clauses case

US vs bethlehem steel. a contract had 35$ fee for every day of delay since bethlehem steel promised faster delivery. this was allowed because it was reasonable it was a price for speed.

viacrious liability/employee liability case study

northern ireland road transport board vs century insurance

but for causation case study, limiting liability

edelweiss and HHG ships, the HHG operator gave wrong information about a ships width. the ship became stuck and the edelweiss sank. the wrong information was a but-for clause, but the courts rejected liability after finding out the real cause was a mistake by lock personnel.

absolute vs relative rights/tort case study

torino vs SOC a.l.i : torino football team died in a plane crash, football club sued for loss of contractual rights, they didnt win because tort law only recognized absolute rights at the time. torino vs romero (the driver), they lost a player, this time relative rights were protected in court.

case study on punitive damages

BMW north america vs gore, dr gore bought a bmw new but it was repainted, bmw policy was to sell cars as new if repairs were less than 3% of the car’s value, dropped gore won 7000 in compensatory damages and 4 million in punitive, later reduced to 2 million.

non pecunary (non economic) loss case study

a father missed his son’s graduation in milan due to a delay by ryanair. court awarded him 500euro non pecunary loss.

limits of ownership/ip case study

myriad genetics, tried to patent dna sequences linked to cancer risk and commercialized a diagnostic test. the supreme court of us ruled natural dna sequences could not be patented merely because they are isolated

ownership protection/recovery action/encroachment

houssin vs legrasse, hellot vs leclerc

property annoyance case

german supreme court 1985 brothel case, someone complained the people they rented their house to turned it into a brothel which was a nuisance for their underage daughter. the court dismissed it saying annoyance was not enough, and legal or phyiscal interference with property was required for a case

acquisitive prescription case

pye vs UK, graham family acquired pye’s land after living there for 12 years under english law. pye argued this violated his human rights under the ECHR (european convention on human rights). the first court sided with pye, but a higher court reversed it, saying it was proportional.

laws on EU law supremacy

van gend en loos (EU laws can be invoked in national courts), simmenthal case (every national court must stop applying laws that contradict eu law), faccini dori case (directives are not binding on EU countries unless it has been transposed into EU law and unless it is a general EU principal (mangold vs helm))