5. Case Law Flashcards
1
Q
List 3 most important case law for CPO.
A
Stoke vs Cambridge – ransom 50% reducing to 33% reflecting “key” to development
Horn vs Sunderland – principle of equivalence
Shun Fung – reasonable businessman test (Extinguishment)
2
Q
What is the Stoke vs Cambridge case?
A
ransom 50% reducing to 33% reflecting “key” to development
3
Q
What is the Horn vs Sunderland case?
A
principle of equivalence
4
Q
What is the Shun Fung case?
A
Reasonable businessman tests. Relates to extinguishment.
1. Not too remote
2. Mitigated losses
3. Acted reasonably
What would a businessman using their own money do.
