Cases Flashcards
Contract Law - offer to world vs invitation to treat, not a puff, waived right to be notified of acceptance
Carlill v Carbolic Smoke Ball Co
Contract Law - cannot impose silence as means of acceptance
Felthouse v Bindley
Contract Law - intention (domestic arrangement)
Balfour v Balfour
Contract Law - past consideration is not valid consideration
Re McArdle
CGA - ordinarily acquired vs actual use
Nesbitt v Porter
CGA - can obtain damages for reasonably foreseeable consequential damage
A & W Holdings Ltd v Hosking
Negligence - who owes duty (proximity)
Donoghue v Stevenson
Negligence - proximity/foreseeability
Bourhill v Young
Negligence - reluctant to hold police liable (floodgates ardument)
Hill v Chief Constable of Yorkshire
Negligence - probability of risk
Bolton v Stone
Negligence - but for test
Barnett v Chelsea Hospital
Negligence - liable for full extent even if not all is foreseen
Attorney General v Geothermal Produce
Negligence - egg shell skull principle
Smith v Leech Brain
Fiduciary obligation - between trust and beneficiary
Keech v Sandford
Fiduciary obligation - fair dealing conflict of interest and failed to suggest independent legal advice
Witten-Hannah v Davis
Fiduciary obligation - secret profits
Bentley v Craven
Equitable breach of confidence - established elements
Coco v AN Clark
Equitable breach of confidence - copied unconsciously
Seager v Copydex
Equitable breach of confidence - trade secret, headstart doctrine
Aquaculture Corporation v NZ Green Mussel Co Ltd
Equitable breach of confidence - disclosure in public interest defence
Woodward v Hutchins
Copyright - must be exposed to original work
Beckmann v Mayceys Confectionery
Trade Marks Act - infringement because likely to confuse
Levi Strauss v Kimbyr Investment
Founded concept of corporate personality/separate legal personality
Salomon v Salomon
Agent agreed to something illegal but still acts within actual authority
Giltrap City Ltd v Commerce Commission
