Cases Flashcards
Corkery vs Carpenter (1951)
Man found drunk in charge a bicycle. Is a bicycle a carriage?
Mischief Rule applied to use the intent of the law, and found that a bicycle should be considered a carriage.
Quintavalle vs Sec of State for Health (2003)
What is the definition of Embryo and does it include cloned eggs?
Major early use of the Purposive Approach and ability of courts to re-i repeat statute (and make law)
Whitely vs Chappell (1868)
Impersonating a dead voter. Squirted on the literal rule - that a dead person was not eligible to vote so not voter fraud.
LNER vs Berriman (1946)
Death while maintaining railway lines. Aquitted due to literal reading of law referring to “repairing” of railway lines only.
Adler vs George (1964)
Obstructing armed forces in the vicinity of a prohibited place. Defendant argued he wasn’t in the vicinity as he was actually ON the army base. Golden Rule was applied to avoid an absurdity.
Litster vs Forth Dry Dock (1990)
Employees dismissed one hour BEFORE transfer of business to new owner.
Law says that a termination cannot be carried out as part of the transfer.
Purposive Approach used to meet the intent of the law, which is to protect employees in the event of a sale of a business.
Wood v Comissioner of Police of the Metropolis (1986)
Does a piece of broken glass meet the definition of an offensive weapon under the Vagrancy act?
Eiusderm Generis was used to argue no, as the glass was not designed or intended as a weapon.
Pengelley v Bell Punch Co (1964)
Does a floor used for storage fall under the Factories Act requirement to be kept clear at all times?
Noscitur a Sociis used to argue no - as the examples given in the Act are all passageways, not storage areas.
R v Inhabitants of Sedgely (1831)
Can the “poor rate” levied on coal mines specifically be applied to other mines?
Expressio unius used to argue no - if the intent was to cover all mines, it would not say coal mines specifically.
Pepper vs Hart (1995)
Established that Hansard was a valid Extrinsic Source for Statutory Interpretation
Donogue v Stevenson (1932)
Dead snail in a bottle of ginger beer.
No breach of contract as claimant did not purchase drink herself.
But damages owed as a person owes a duty to take reasonable care that they do not commit any act which they could reasonably forsee as injuring another person
Crossley v Rawlinson (1982)
Man injured while rushing to put out a truck on fire.
Was the truck driver liable?
Judge said no - as the injury was not a foreseeable result of the driver’s actions.
Smith v Hughes
Prostitutes soliciting through a window, not “on the street”
Mischief Rule used to apply the law broadly and convict
