go time

3rd Party liability where should control party doing damage case law

Home Office v Dorset Yachet Co. Ltd (1970, HL): Liable for those under your control, or who should be

Acceptance mirror image case law

Butler Machine Tools Ltd v Ex-Cell-O Ltd (1979)- The last (counter) offer is the binding one

Acceptance of part performance case law

Sumpter v Hedges (1898)- Part performance can be acceptable, but has to be accepted voluntarily. However, if abandoned, no payment is due.

Agency from necessity false case law

Sachs v Miklos (1948): Must truly be emergency and act for owner’s benefit

Agency payment case law

G.T. Hodges & Sons v Hackbridge Residential Hotel (1939): Due payment if specified in contract

Agency, suspicious behaviour case law

Quinn v CC Automotive Group (t/a Carcraft (2010)): If agent is believed to have authority but still doing what you’d expect from the employee, still an agent

Agency, vicarious liability case law

Quinn v CC Automotive Group (t/a Carcraft (2010))

Agent reasonable skill, below standard case law

Arensen v Casson Beckman Rutley & Co. (1977) Must act to the standard of the reasonable \___

Agent reasonable skill, false claims, case law

Chaudry v Probhakar (1988, CA): Held to the standard of someone with the experience claimed

Agent, avoidance of conflict, case law

Armstrong v Jackson (1917): Must avoid conflict of interest

Agent’s right to indemnity case law

Anglo Overseas Transport Ltd v Titan Industrial Corporation (1959): Expenses incidental to performing the contract can be claimed from the principal

Ambiguous exemption clauses may be (case law)

e.g. Andrews v Singer (1934) interpreted contra proferentem

Anticipatory breach case law example

Hochster v De La Tour (1853)- breach doesn’t occur until performance is due, but anticipatory breach starts from notice and can sue and repudiate or wait and see what happens

Anticipatory breach, frustration case law

Avery v Bowden (1855)- If breach occurs before actual breach, contract is frustrated and cannot sue

Apparent authority, no real agent case law

Barrett v Deere (1828, HL) Principal allows 3rd party to believe there is an agency relationship, including not refuting agency

Apparent authority, presenting greater authority case law

Racing UK Ltd v Doncaster Racecourse Ltd and Doncaster Borough Council (2005): If principal allows the 3rd party to believe the agent has greater authority, then liable for actions of agent. Includes not refuting

Attempt to mitigate risks consumer product liability case law

Tesco Stores Ltd and Another v Pollard (2006, CA): If a sufficient barrier to harm is created, okay

Non-member suing for breach of articles of association case law

Hickman v Romney March Sheep Breeders Association (1915): Bound by articles, so long as it refers to shareholder rights

Building contract quantifiable loss case law

correction, but in Ruxley Electronics & Construction Ltd v Forsyth (1995), correction wasn’t reasonable, so damage for loss of amenity

Business agreements not binding exceptions case law

Jones v Vernons Pools (1938)- ‘In honour only’

Business connections restraint of trade case law

Home counties dairies v Skilton (1970): Fair if to protect from poaching customers, not to restrict making earnings

Business efficacy implied term case law

The Moorcock (1889, CA)- Where an implied term is obvious, it should be implied

Bystander negligence liability case law

Stennett v Hancock (1939): If bystanders injured by product, can claim

CA 2006 (s.994) unfair prejudice case law example

Kohli v Lit and Others (2009): don’t unfairly prejudice shareholders

Careless misrepresentation case law

Howard Marine & Dredging Co. Ltd v Ogden & Sons Ltd (1978, CA)

Change of circumstances between statement and acceptance case law

With v O’Flanagan (1936, CA)- Should update the other party

Checking truth of information case law

Redgrave v Hurd (1881)- Don’t have to check truth, even if invited to do so

Coincidental performance case law

Bloom v American Swiss Watch Co (1915)- Coincidental performance isn’t binding (can’t accept an offer without knowing it exits)

Collateral contracts case law

Shanklin Pier Ltd v Detel Products Ltd (1954)- Proximity may cause a collateral contract

Communicating acceptance through a third party case law

Powell v Lee (1908): Only effective is communicated to an authorised person (in this case, an agent, but that’s not 100% neccessary)

Communication rule exception case law OBITER

Re Selectmove (1995): can waive if waived by both parties BUT ONLY OBITER, NOT BINDING PRECEDENT

Company liable for criminal acts case law

R v Cotswold Geotechnical Holdings (2014) Companies can be liable for acts distinct from its members (here, corporate homicide)

Company secretary agency context case law

Panorama Developments v Fidelis Furnishing Fabrics (197¬1, CA): company liable where under secretary’s apparent authority

Conditions vs Warranties case law X2

Poussard v Spiers & Pond (1876), conditions as essential to the benefit of the contract/ Bettini v Gye (1876) warranty may change the benefit of the contract, but not fully deprive

Conformity with accepted practice duty of care case law

Bolam v Friern Hospital Management Committee (1957, CA): If you can bring in expert witnesses who would agree with you, that’s a defense

Consent to injury employment defence free choice case law

Smith v Baker (1891): Must have a reasonable choice, didn’t consent just because he knew the risks

Rescuers consent to harm case law cf X2

Haynes v Harwood (1935, CA): moral duty to intervene, method w¬as reasonable. Sylvester v Chapman (1935): moral duty, but not reasonable method, not enough care for own safety

Consequential loss case law

Muirhead v Industrial Tank Specialties Ltd (1986) Can claim for consequential loss, but not PEL without a special relationship

Consideration definition case law

Currie v misa (1875)- Consideration requires a benefit and detriment on each side

Consideration new obligation case law comparison X2

Collins v Godefroy (1831) Can’t use something you are already obliged to do as consideration/ Glasbrook bros v Glamorgan County Council (1925, HL)- If going beyond existing legal duty, it’s consideration

Consideration with contracts with 2 parties consideration case law

Shadwell v Shadwell (1860)- Same action can provide consideration for different contracts with different parties

Contract for benefit of a group case law

Jackson v Horizon Holidays Ltd (1975, CA)- Can sue for group damages if the contract was made for the benefit of a group

Contributory negligence case law

Sayers v Harlow UDC (1958, CA): Negligence occurred, but her actions were not reasonable, so had a 25% reduction in damages

Counter-offer case law

Hyde v Wrench (1840)- Counter-offers are not a form of acceptance, they are new offers

CRA 2015 good faith definition case law

Director General of Fair Trading v First National Bank (2001, HL)- good standards of morality and commercial practice, evidenced by fair and open dealing

CRA 2015 interpretation of consumer case law

Evans v Cherry Tree Finance (2008, CA)- consumer can be interpreted quite liberally

Creditors’ voluntary liquidation, directors fail to call creditors’ meeting in time case law

Re Centrebind (1966): if the members’ liquidator takes office first, they are restricted in what they can do. They can protect assets, but not sell them (unless assets will lose value if not sold immediately)

Damage test for condition vs warranty

Hong Kong Fir Shipping Co. Ltd v Kawasaki Kisen Kaisha (1962, CA)- A breach of condition must strike at the root of the contract, how ruinous is the damage?

Dangerous product liability case law

Abouzaid v Mothercare (UK) Ltd (2000, CA) products must be safe for use

Defence of prescription exception case law example

Sturges v Bridgeman (1879): If it has been ongoing for more than 20 years, but has not been a nuisance for 20 years, then liable

Deliberate interference nuisance case law

Hollywood Silver For Farm v Emmett (1936): if caused with malicious intent, nuisance

Demonstrating reliance on misrepresentation case law

Re Northumberland & Durham District Banking Co., ex parte Bigge (1858)- Must prove they knew of and relied upon untrue information

Direct discrimination by perception or association case law

Coleman v Attridge Law (2008): can’t directly discriminate against an individual because their associates’ protected characteristics

Direct sex discrimination job advertisement statute and case law

s.13 EA, Batisha v Say (1977): cannot just advertise for men

Direct sex discrimination supervision case law

Moyhing v Barts and London NHS Trust (2006)

Directors bound after leaving case law example

Bound to an extent after leaving, e.g. Killen v Horseworld Ltd (2012): can’t exploit information gained as a director for personal gain

Directors, duty of skill and care original test case law

Re City Equitable & Fire Insurance Co. Ltd (1925): must be judged by the experience, knowledge and skill of that director

Directors, fiduciary duty to act with utmost good faith, powers used for proper purpose case law

Hogg v Cramphorn Ltd (1967): Can’t use powers for something other than their proper purpose s.171

Directors, fiduciary duty (act with utmost good faith), conflict of interest case law

IDC v Cooley (1972): Abusing position for personal gain means the gain must be paid to the company s.175

Directors’ duty to disclose relevant information statute and case law

CA 2006 (s177) Guinness plc v Saunders (1990): Must disclose it to the whole board

Disability, failure to make reasonable adjustments discrimination case law

Tarling v Wisdom Toothbrushes (1997): Must make reasonable adjustments

Dismissal- economic climate- case law

St John of God (Care Services) Ltd v Brooks (1993, EAT): If no real choice, dismissals can be fair

Dismissal- gross negligence- case law

Taylor v Alidair (1978): held to the standard of a reasonable \____

Dismissal- harassment misconduct- case law:

Teggart v Teletech UK Ltd (2012): harassing other employees is misconduct

Dismissal- lack of qualifications company’s fault- case law

Davison v Kent Meters (1975): If the reason the employee isn’t qualified is the fault of the company, the employee is not to blame

Dismissal- misconduct on work time- case law

Whitlow v Alkanet Construction (1987): Misconduct to sleep with boss’ wife on work time

Dismissal- personality clash- case law

Gorfin v Distressed gentlefolk’s Aid Association (1973): If unresolvable, can be grounds

Dismissal- poor reflection misconduct- case law

Moore v C & A Modes (1981): If the conduct of an employee (even when not at work) reflects poorly, can be grounds for dismissal

Dismissal- statutory restriction bypass- case law

Mathieson v Noble (1972) If restricted from doing work but can find a work-around to do it, not grounds for dismissal

Dismissal- unable to perform contractual term- case law

Farr v Hoveringham Gravels Ltd (1973): Fair dismissal if unable to perform term

Dismissal-lack of qualifications- case law

Lister v Thom & Sons Ltd (1975): If the employee can serve the employer in other ways, unfair dismissal

Distress in consumer contracts case law,pleasure

Jarvis v Swan Tours (1973, CA)- if the point of the contract is to provide pleasure, peace of mind or freedom from distress, can claim damages

Distress in consumer contracts peace of mind case law

Heywood v Wellers (1976)- if contract was to give peace of mind and fails, can sue for breach

Divisible contract case law

Ritchie v Atkinson (1808)

Domestic agreement non-binding case law

Balfour v Balfour (1919, CA) Domestic arrangements assumed to be non-binding

Duty of care for rescuers case law

White v Chief Constable of South Yorkshire (1999, HL): only if rescuer was in danger

PEL just and reasonable examples case law cf x2

McNaughten (James) Paper Group td v Hicks Anderson & Co. (1991, CA): Don’t use non-definitive draft guides. Morgan Crucible Co. plc v Hill Samuel Bank (1991, CA): If made clear figures are to be relied on, liable

Duty of care test case law

Mark Rich & Co. AG v Bishop Rock Marine (1995, HL): Reasonable foreseeability, proximity, public interest

Duty to deliver bad news sensitively and accurately nervous shock case law

Allin v City & Hackney Health Authority (1996): Must deliver news sensitively and accurately

Duty to mitigate loss case law cf X2

Brace v Calder (1895)- must take reasonable steps to mitigate loss or (per Milner and Milner v Carnival t/a Cunard (2010)), can only sue for reasonable losses

Economic duress case law, disproportionate rise in cost

Opel GmbH and Renault SA v Mitras Automotive (2008)- Cannot disproportionately raise costs where no reasonable alternative

Economic duress case law, loss of business reputation

Kolmar Group AG v Traxpo Enterprises PVT Ltd (2010)- If failing to agree would damage reputation, may be duress

Economic duress case law, no real choice

Pao On v Lau Yiu Long (1979)- If the pressure to enter into the contract exceeds expected levels of pressure for commercial dealings, it is economic duress

Economic duress case law, renegotiation of terms

Atlas Express Ltd v Kafco Importers & Distributors (1989)- excessive pressure to change terms is duress

Employee vs independent contractor case law- can delegate

Community Dental Services v Sultan Darmon (2010)- Ability to delegate duty implies independent contractor

Employee vs independent contractor case law- can’t delegate

Pimlico Plumbers v Smith (2014, EAT & 2017, CA)- Inability to delegate duty implies employee

Employee vs independent contractor case law- test

Ready Mixed Concrete v Ministry of Pensions and National Insurance (1968)- personal service, control & mutuality of obligations

Employee’s duty to obey reasonable orders- danger- case law cf X2- imminent danger

Ottoman Bank v Chakarian (1930)- If danger is clear and substantial, unreasonable. Walmsley v UDEC (1972)- If danger is present, but not substantial, not unreasonable

Employee’s duty to obey reasonable orders case law – moving base

UK Atomic Energy Authority v Claydon (1974)- If contract allows moving, can’t refuse

Employee’s duty to act in good faith case law- act with complete honesty

Dalton v Burtons Gold Medal Biscuit Co. Ltd (1974)- Not acting with complete honesty is a breach, even if you don’t benefit

Employee’s duty to obey reasonable orders case law- breaking the law

Morrish v Henleys (Folkestone) Ltd (1973)- Orders to break the law are unreasonable

Employer’s duty not to undermine the trust and confidence of the employee case law- grounds for constructive dismissal

RDF Media Group plc v Alan Clements (2007)- Employee breach of duty may prevent claiming for breach of employer’s duty

Employer’s duty not to undermine the trust and confidence of the employee case law- Stigma

Malik v BCCI (1998)- Causing stigma to employees is a breach

Employer’s duty not to undermine the trust and confidence of the employee case law- unreasonable or abusive conduct

Isle of Wight Tourist Board v Coombes (1976)- unreasonable or abusive conduct is a breach

Employer’s duty to provide a safe system of work case law

Pennington v Surry County Council and Surrey Fire and Rescue Services (2006, CA)- the way of working itself must be safe

Employer’s duty to provide competent staff case law

Hudson v Ridge Manufacturing Co. Ltd (1957)- staff must be competent and safe

Employer’s duty to provide safe premises, plant and equipment case law

Pagano v HGS (1976)- Must provide safe stuff

Estimates of future performance case law

Esso petroleum v Mardon (1976, CA)- Statements of fact if they can reasonably be relied upon

Exception to wagon mound principle example case law

Smith v Leech Brain & Co. Ltd (1962) If your victim has a particular weakness that you’re not aware of, you are liable. (applies only to damages, not your duty of care

Extra payment to encourage performance consideration case law comparison X2

Stilk v Myrick (1809)- Doing your existing duty isn’t enough/ Hartley v Ponsonby (1857)- If taking on extra duties or conferring benefit, it’s binding