Case Law Flashcards
separate legal personality
solomon v solomon
Weighted voting if against director
Bushell v Faith
Holding out: representation that a person is a partner in a firm.
Sangster v Biddulphs
Actual authority, relationship between company and third party only.
Freeman
Act in good faith in the interests of the company.
Smith v Fawcett
Features of a floating charge: is it an equitable charge over the whole or part fo an asset, are they constantly changing, and can the company deal with it in the ordinary course?
Re Yorkshire
Transactions at an undervalue: granting a security on assets does not decrease the value of the property therefore not a transaction at an undervalue.
Re MC Bacon
Restrictive covenants
Tulk v moxhay
Conditional easements - if you want to use the benefit, you must have the burden of the positive covenant.
Halsbury v Brizell
Implied grant as easements to the buyer : all rights which are continuous and apparent and necessary for enjoyment
Wheeldon v Burrows
Damages are recoverable under normal contractual rules.
Hadley v Baxendale
Self help remedy.
Jarvis v Harris
Specific performance
land
Rainbow Estates Ltd
Informal severance: acts operating on joint tenants share, mutual agreement, course of dealings.
Williams v Hensman
Testator must have mental capacity: know the name of his acts, the extent of property and the moral claims.
Banks v Goodfellow
Benjamin Order, authorises the PRs to distribute the estate on the basis that the unknown claimant is dead.
Re Benjamin 1902
Golden rule for mental capacity. When a solicitor has doubts as to the capacity, medical opinion should be sought and signed of the will, and witnessed and approved by a medical practitioner.
Kenwood v Adams
By way of case stated is NOT efficient, should simply appeal to crown court.
Brett v DPP
Important explanatory evidence : can be evidence to explain the defendant’s motive for committing offence.
Campbell 2005
New evidence, if new and compelling and in the interests of justice.
Dunlop 2006
Submission of no case to answer. If the prosecution failed to put forward evidence to prove.
Galbraith 1981
Newton hearing
Newton 1983
Turnbull warnings
Turnbull 1977
Indication of sentence in the PTPH to give a defendant an advance indication.
Goodyear 2005
Reasons for breach and to reduce sanctions
Denton v White 2014
Interim injunction application grounds
American Cyanamid v Ethicon 1975
ADR must be determined having regard to the circumstances of the case.
Halsey Principles
Builds on Donoghue. If duty of care should be imposed.
Reasonable foresight of harm
Sufficient proximity of relationship
Fair, just and reasonable
Caparo
Secondary victims
No duty of care if all requirements are not satisfied:
Foreseeability of psychiatric harm
Proximity of relationship
Proximity in time and space
Proximity of perception
Alcock v Yorkshire Police
Special standards for skilled defendant
Greater degree of skill and care than the reasonable person.
Reasonable person WITH the skills of the defendant.
Skilled defendant. If the D can show that a reasonable body of professional opinion, judged not to be negligent.
Bolam
Skilled defendant. If the D can show that a reasonable body of professional opinion, judged not to be negligent.
Bolitho
Pure economic loss
Duty of care not owed in a social situation, no assumption of responsibility.
Chaudhry
Neighbourhood principle, whether the defendant owes a duty of care in a novel situation. Must take reasonable care to avoid acts or omissions which you can reasonably foresee would injury your neighbour
Donoghue v Stevenson
Fair, just and reasonable - for duty of care.
Hill v Chief Yorkshire
If Defendant’s decision was reasonable, and had a small risk of injury, not negligent.
Latimer
Special standards
Learned driver is seen as a reasonably competent driver.
Nettleship v Weston
Remoteness of damage
Test of reasonable foreseeability. Reasonable person must have foreseen the damage.
Similar in type rule and egg-shell skull rule
Wagonmound Test
An escape of something dangerous in the course of a non-natural use of land, which causes damage.
Rylands v Fletcher
Pure economic loss
Duty of care owed if there is a special resolution between D and C.
Assumption of responsibility plus reasonable reliance by C.
Hedley Byrne
