cases

studied byStudied by 1 person
0.0(0)
get a hint
hint

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

1 / 262

encourage image

There's no tags or description

Looks like no one added any tags here yet for you.

263 Terms

1

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

New cards
2

Acceptance mirror image case law

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

New cards
3

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.

New cards
4

Agency from necessity false case law

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

New cards
5

Agency payment case law

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

New cards
6

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

New cards
7

Agency, vicarious liability case law

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

New cards
8

Agent reasonable skill, below standard case law

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

New cards
9

Agent reasonable skill, false claims, case law

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

New cards
10

Agent, avoidance of conflict, case law

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

New cards
11

Agent

a person with actual authority to carry out business on behalf of another person

New cards
12

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

New cards
13

Ambiguous exemption clauses may be (case law)

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

New cards
14

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

New cards
15

Anticipatory breach, frustration case law

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

New cards
16

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

New cards
17

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

New cards
18

Attempt to mitigate risks product liability case law

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

New cards
19

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

New cards
20

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

New cards
21

Business agreements not binding exceptions case law

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

New cards
22

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

New cards
23

Business efficacy implied term case law

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

New cards
24

Bystander negligence liability case law

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

New cards
25

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

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

New cards
26

Careless misrepresentation case law

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

New cards
27

Change of circumstances between statement and acceptance case law

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

New cards
28

Checking truth of information case law

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

New cards
29

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)

New cards
30

Collateral contracts case law

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

New cards
31

Communicating acceptance to 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)

New cards
32

Communication rule exception case law OBITER

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

New cards
33

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)

New cards
34

Company secretary agency context case law

Panorama Developments v Fidelis Furnishing Fabrics (1971, CA): company liable where under secretary’s apparent authority

New cards
35

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

New cards
36

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

New cards
37

Consent defence free choice case law

Smith v Baker (1891): Must have a reasonable choice

New cards
38

Consent to harm case law cf X2

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

New cards
39

Consequential loss case law

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

New cards
40

Consideration definition case law

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

New cards
41

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

New cards
42

Consideration with contracts with 2 parties consideration case law

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

New cards
43

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

New cards
44

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

New cards
45

Counter-offer case law

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

New cards
46

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

New cards
47

CRA 2015 interpretation of consumer case law

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

New cards
48

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)

New cards
49

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?

New cards
50

Dangerous product liability case law

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

New cards
51

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

New cards
52

Deliberate interference nuisance case law

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

New cards
53

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

New cards
54

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

New cards
55

Direct sex discrimination job advertisement statute and case law

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

New cards
56

Direct sex discrimination supervision case law

Moyhing v Barts and London NHS Trust (2006)

New cards
57

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

New cards
58

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

New cards
59

Directors, FD, powers used for proper purpose case law

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

New cards
60

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

New cards
61

Directors’ duty to act within their powers case law and statute

Act within their powers (Hogg v Cramphorn Ltd (1967)) CA 2006 (s171)

New cards
62

Directors’ duty to avoid conflict of interest case law and statute

Avoid conflict of interest (IDC v Cooley 1972)

New cards
63

Directors’ duty to avoid conflict of interest case law and statute

Avoid conflict of interest (IDC v Cooley 1972) CA 2006 (s175)

New cards
64

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

New cards
65

Disability, failure to make reasonable adjustments case law

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

New cards
66

Dismissal- economic climate- case law

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

New cards
67

Dismissal- gross negligence- case law

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

New cards
68

Dismissal- harassment misconduct- case law:

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

New cards
69

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

New cards
70

Dismissal- misconduct on work time- case law

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

New cards
71

Dismissal- personality clash- case law

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

New cards
72

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

New cards
73

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

New cards
74

Dismissal- unable to perform contractual term- case law

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

New cards
75

Dismissal-lack of qualifications- case law

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

New cards
76

Distress in consumer contracts case law

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

New cards
77

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

New cards
78

Divisible contract case law

Ritchie v Atkinson (1808)

New cards
79

Domestic agreement non-binding case law

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

New cards
80

Duty of care for rescuers case law

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

New cards
81

Duty of care just and reasonable 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

New cards
82

Duty of care test case law

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

New cards
83

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

New cards
84

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

New cards
85

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

New cards
86

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

New cards
87

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

New cards
88

Economic duress case law, renegotiation of terms

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

New cards
89

Employee vs independent contractor case law- can delegate

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

New cards
90

Employee vs independent contractor case law- can’t delegate

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

New cards
91

Employee vs independent contractor case law- test

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

New cards
92

Employee’s duty to obey reasonable orders 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

New cards
93

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

New cards
94

Employee’s duty to obey reasonable orders 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

New cards
95

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

New cards
96

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

New cards
97

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

New cards
98

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

New cards
99

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

New cards
100

Employer’s duty to provide competent staff case law

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

New cards

Explore top notes

note Note
studied byStudied by 5 people
Updated ... ago
5.0 Stars(1)
note Note
studied byStudied by 8 people
Updated ... ago
5.0 Stars(1)
note Note
studied byStudied by 13 people
Updated ... ago
5.0 Stars(1)
note Note
studied byStudied by 8 people
Updated ... ago
5.0 Stars(1)
note Note
studied byStudied by 4 people
Updated ... ago
5.0 Stars(1)
note Note
studied byStudied by 21 people
Updated ... ago
5.0 Stars(1)
note Note
studied byStudied by 97 people
Updated ... ago
4.5 Stars(4)
note Note
studied byStudied by 6960 people
Updated ... ago
4.8 Stars(50)

Explore top flashcards

flashcards Flashcard190 terms
studied byStudied by 9 people
Updated ... ago
5.0 Stars(1)
flashcards Flashcard79 terms
studied byStudied by 2 people
Updated ... ago
5.0 Stars(1)
flashcards Flashcard67 terms
studied byStudied by 6 people
Updated ... ago
5.0 Stars(2)
flashcards Flashcard49 terms
studied byStudied by 2 people
Updated ... ago
5.0 Stars(2)
flashcards Flashcard60 terms
studied byStudied by 29 people
Updated ... ago
5.0 Stars(1)
flashcards Flashcard31 terms
studied byStudied by 7 people
Updated ... ago
5.0 Stars(1)
flashcards Flashcard31 terms
studied byStudied by 3 people
Updated ... ago
5.0 Stars(1)
flashcards Flashcard123 terms
studied byStudied by 6 people
Updated ... ago
5.0 Stars(3)