Cases Flashcards
Objective vs subjective test
Smith v Hughes?
Bilateral and Unilateral Contracts
United Dominions Trust (commercial) Ltd v Eagle Aircraft Services Ltd
Offer and invitation to treat (Actually an invitation to treat)
Gibson v Manchester City Council
Offer and invitation to treat (Actually a contract)
Storer v Manchester City Council
Advertisements = Invitations to treat
Partridge v Crittenden
Price lists aren’t offers
Grainger v Gough
Shop windows aren’t offers
Shop windows are invitations to treat
Fisher v Bell
Self-service shops are invitations to treat
Pharmaceutical society of Great Britain v Boots cash chemists
Automatic machines = standing offer
Thornton v Shoe Lane Parking
Website advertisements are invitations to treat (mostly)
Chwee Kin Keong v Digilandmall.com
Some advertisements containing specific terms can be considered unilateral offers
Carhill v Carbolic Smoke Ball Co
Postal Rule
Adams v Lindsell
Fatal vagueness = no agreement
May and Butcher Ltd v The King
Some vagueness can be overcome
Hillas v Arcos
Openwork Ltd v Forte
Terms and representations (Didn’t constitute a warranty)
Oscar Chess Ltd v Williams
Terms and representations (Statement was a contractual term)
Dick Bentley Productions v Harold Smith Motors
Terms and representations (Contractual term rather than just mere representation)
Bannerman v White
Contractual interpretation (definition of interpretation)
Investors Compensation Scheme Ltd v West Bromwich Building Society
Employer can terminate an indefinite contract at will without having to show a good reason
McClory v Post Office
Notion of subordination (Arbitrator)
Jivrav v Hashwani
Equalty Act
Recruitment & Selection
Essop v Home Office
Age restrictions for promotion or training
Price v Civil Service COmmission
Need to satisfy “vague” promotion procedures
Watches of Switzerland v Savell
Refusal to allow a returning mother part-time working
BA v Starmer
No carryforward of annual leave except where absent on sick leave
Stringer v HM Revenue and Customs Comrs
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
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
Defendant owes claimant a duty of care
Caparo industries plc v Dickman
Proximity (Neighbour principle)
Donoghue v Stevenson
Duty of care is fair, just and reasonable
Michael v CHief Constable of South Wales
Reasonable persons test (standard)
Nettleship v Watson
Reasonable persons test (experience)
Bolam v Friern Hospital Management Committee)
But-for test
Barnett v Chelsea and Kensington Hospital Management Committee
Factual causation, defendant’s breach of duty materially contributed to the damage
Bonnington Castings Ltd v Wardlaw
Factual causation, defendant’s breach of duty materially increased risk of damage
McGhee v National Coal Board
Balance of probabilities for lost chance cases
Hotson v East Berkshire Area Health Authority
Intervening acts
Baker v Willoughby
Claimant act is entierly unreasonable (intervening act)
McKew v Holland and Hannen and Cubitts Ltd
Inmate considered employee
Cox v Ministry of Justice
Liability for loaned employees
Mersey Docks & Harbour Board v Coggins and Griffiths
Prohibited from carrying out duty in an unauthorized manner
Limpus v London General Omnibus
Prohibition on the scope of employment
Iqbal v London Transport Executive
Acts incidental to the employment
Crook v Derbyshire Stone Ltd
Smith v Stages
Ruddiman & Co v Smith
Vicarious liability (unlawful acts)
Lister v Hesley Hall
Authorization of illegal act / ratification of the tort
Ellis v Sheffield Gas Consumers Co
Non delegable duties (Duty imposed on employer by statute)
Smith v Cammel Laird & Co
Non delegable duties (Duty relates to health and safety of employer’s staff)
Wilsons and Clyde Coal Co. V English
Non delegable duties (Duty involves some extra-hazardous act)
Rylands v Fletcher
