Cases Flashcards

1
Q

Objective vs subjective test

A

Smith v Hughes?

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2
Q

Bilateral and Unilateral Contracts

A

United Dominions Trust (commercial) Ltd v Eagle Aircraft Services Ltd

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3
Q

Offer and invitation to treat (Actually an invitation to treat)

A

Gibson v Manchester City Council

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4
Q

Offer and invitation to treat (Actually a contract)

A

Storer v Manchester City Council

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5
Q

Advertisements = Invitations to treat

A

Partridge v Crittenden

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6
Q

Price lists aren’t offers

A

Grainger v Gough

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7
Q

Shop windows aren’t offers

Shop windows are invitations to treat

A

Fisher v Bell

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8
Q

Self-service shops are invitations to treat

A

Pharmaceutical society of Great Britain v Boots cash chemists

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9
Q

Automatic machines = standing offer

A

Thornton v Shoe Lane Parking

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10
Q

Website advertisements are invitations to treat (mostly)

A

Chwee Kin Keong v Digilandmall.com

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11
Q

Some advertisements containing specific terms can be considered unilateral offers

A

Carhill v Carbolic Smoke Ball Co

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12
Q

Postal Rule

A

Adams v Lindsell

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13
Q

Fatal vagueness = no agreement

A

May and Butcher Ltd v The King

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14
Q

Some vagueness can be overcome

A

Hillas v Arcos

Openwork Ltd v Forte

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15
Q

Terms and representations (Didn’t constitute a warranty)

A

Oscar Chess Ltd v Williams

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16
Q

Terms and representations (Statement was a contractual term)

A

Dick Bentley Productions v Harold Smith Motors

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17
Q

Terms and representations (Contractual term rather than just mere representation)

A

Bannerman v White

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18
Q

Contractual interpretation (definition of interpretation)

A

Investors Compensation Scheme Ltd v West Bromwich Building Society

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19
Q

Employer can terminate an indefinite contract at will without having to show a good reason

A

McClory v Post Office

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20
Q

Notion of subordination (Arbitrator)

A

Jivrav v Hashwani

21
Q

Equalty Act

Recruitment & Selection

A

Essop v Home Office

22
Q

Age restrictions for promotion or training

A

Price v Civil Service COmmission

23
Q

Need to satisfy “vague” promotion procedures

A

Watches of Switzerland v Savell

24
Q

Refusal to allow a returning mother part-time working

A

BA v Starmer

25
No carryforward of annual leave except where absent on sick leave
Stringer v HM Revenue and Customs Comrs
26
No carry forward of annual leave except where absent on sick leave (Carry forward period)
KHS AG v Schulte | Plumb v Duncan Print Group Ltd
27
Annual leave (Employer doesn't allow or enable a worker to exercise their entitlement to paid leave) (Worker's status is misclassified)
King v Sash Window
28
Defendant owes claimant a duty of care
Caparo industries plc v Dickman
29
Proximity (Neighbour principle)
Donoghue v Stevenson
30
Duty of care is fair, just and reasonable
Michael v CHief Constable of South Wales
31
Reasonable persons test (standard)
Nettleship v Watson
32
Reasonable persons test (experience)
Bolam v Friern Hospital Management Committee)
33
But-for test
Barnett v Chelsea and Kensington Hospital Management Committee
34
Factual causation, defendant's breach of duty materially contributed to the damage
Bonnington Castings Ltd v Wardlaw
35
Factual causation, defendant's breach of duty materially increased risk of damage
McGhee v National Coal Board
36
Balance of probabilities for lost chance cases
Hotson v East Berkshire Area Health Authority
37
Intervening acts
Baker v Willoughby
38
Claimant act is entierly unreasonable (intervening act)
McKew v Holland and Hannen and Cubitts Ltd
39
Inmate considered employee
Cox v Ministry of Justice
40
Liability for loaned employees
Mersey Docks & Harbour Board v Coggins and Griffiths
41
Prohibited from carrying out duty in an unauthorized manner
Limpus v London General Omnibus
42
Prohibition on the scope of employment
Iqbal v London Transport Executive
43
Acts incidental to the employment
Crook v Derbyshire Stone Ltd Smith v Stages Ruddiman & Co v Smith
44
Vicarious liability (unlawful acts)
Lister v Hesley Hall
45
Authorization of illegal act / ratification of the tort
Ellis v Sheffield Gas Consumers Co
46
Non delegable duties (Duty imposed on employer by statute)
Smith v Cammel Laird & Co
47
Non delegable duties (Duty relates to health and safety of employer's staff)
Wilsons and Clyde Coal Co. V English
48
Non delegable duties (Duty involves some extra-hazardous act)
Rylands v Fletcher