Legal Case Summary Mullin v Richards [1998] 1 WLR 1304 NEGLIGENCE – BREACH OF DUTY – CHILDREN Facts The defendant was a 15-year-old girl who play-fought with rulers with another 15-year-old girl (the claimant). In the course of the game, the defendant’s ruler snapped, causing a splinter to hit the claimant in the eye, blinding […]
Co-operative Insurance v Argyll Stores
Co-operative Insurance Society Ltd v Argyll Stores (Holdings) Ltd [1997] 2 WLR 898 Contract law – Specific performance – Covenants Facts The plaintiffs granted a lease to the defendant for the use of a unit in a shopping centre for the period of thirty-five years. A clause in the lease required a covenant to keep […]
Thompson v London, Midland and Scottish Railway
Legal Case Summary Thompson v London, Midland and Scottish Railway Company [1903] 1 KB 41 Accident to railway passenger; passenger unable to read; effect of exclusion clause Facts Thompson was unable to read and she travelled on a train with her daughter and niece. On the back of her ticket it was printed that the […]
George Mitchell v Finney Lock Seeds – 1983
Legal Case Summary George Mitchell (Chesterhall) Ltd v Finney Lock Seeds [1983] 2 AC 803 Exclusion clauses construction and Unfair Contract Terms Act 1977 Case: the case revolved around the agreement between the Claimant and the Defendant, where the Defendant agreed to supply the Claimant with 30lb of Dutch winter cabbage seed. The invoice for the […]
R v Franklin – 1883
Law Case Summary R v Franklin (1883) 15 Cox CC 163 Manslaughter caused by an unlawful act and criminal negligence Mr Franklin was charged with manslaughter after he threw a large box into the sea from Brighton Pier, which struck a person swimming underneath and resulted in their death. The prosecution argued that the case […]
R v Dawson – 1985
Law Case Summary R v Dawson (1985) 81 Cr App R 150 Unlawful Act Manslaughter – Dangerousness – Egg-Shell Skull Rule – Causation Facts: The individual on trial approached a gas station where a 50-year-old man was working and attempted to rob the station with a fake gun and a pick-axe handle. They demanded money, […]
R v Sullivan [1984] AC 156
Legal Case Summary R v Sullivan [1984] AC 156 Epilepsy and the defences of insanity and automatism after M’Naghten Facts: The defendant, who had psychomotor epilepsy, had a seizure during which he kicked the victim in the head with great force. He was charged with causing serious bodily harm but pleaded not guilty. After consulting with […]
R v Hennessy – 1989
Legal Case Summary R v Hennessy [1989] 1 WLR 297 Diabetes and defences – automatism or insanity in hyperglycaemic cases FACT: The appellant, who was diabetic, was arrested for driving a stolen car. He had a diabetic episode at the police station and it was revealed that he had not taken his insulin for several […]
McCutheon v David MacBrayne Ltd – 1964
Legal Case Summary McCutheon v David MacBrayne Ltd [1964] 1 WLR 125 Notice of term excluding liability for loss at sea; whether knowledge of term established Facts: McCutheon handed over his vehicle to a shipping company for transportation from the Hebrides islands to the mainland. The car was destroyed when the ship sank due to […]
Malone v Laskey – 1907
Legal Case Summary Malone v Laskey [1907] 2 KN 141 Tort Law – Interest – Standing – Nuisance Facts: The people involved in the case lived in a house owned by the husband’s employer, where the husband was a tenant and the wife had a license to reside. While using the bathroom, the cistern was […]