Engineering Law: Cases Flashcards
- Smith v Hughes
Objective Test
Example of use of objective test. Oats were not as expected but contract did not clarify. Reasonable person would be satisfied with Oats so contract is valid.
- Gibson v Manchester City Council:
Offer vs Invitation to Treat
Council changed their mind on selling house to tenant but no offer was made, only invitation to treat, so no contract formed.
- Storer v Manchester City Council:
Offer vs Invitation to Treat
Like Gibson but language in contract suggests an offer was made so contract was valid
o Partridge v Crittenden
Offer vs Invitation to Treat: Advertisements
RSPB bought charge against advertisement to sell wild birds. Advertisement was not an offer but an invitation to treat therefore law had not been broken
Grainger v Gough:
Offer vs Invitation to Treat: Price Lists
Wine was ordered with expectation of price found in price list. Delivery was declined. Price list was an invitation to treat otherwise defendant would have to deliver unlimited wine at price
o Fisher v Bell
Offer vs Invitation to Treat: Shop Windows
Illegal knife with price ticket in shop window. Charged with sale of illegal weapon but display was invitation to treat so not guilty
o Pharmaceutical Society v Boots:
Offer vs Invitation to Treat: Self-service Shops
Taking items from shelves which are non-prescription does not breach poisons act as contract is only completed when items are paid for. Therefore, Invitation to Treat
o Thornton v Shoe Lane Parking
Offer vs Invitation to Treat: Machines
Ticket machine with ’subject to conditions displayed on premises’ is not sufficient for incorporate further terms after driven into car park i.e. a sign which said the parking is not liable for injuries
o Chwee Kin Keong v Digilandmall.com
Offer vs Invitation to Treat: Websites
Mistakenly listed item at low price, failed to deliver items. Complainants ought to have known the defendant was mistaken, there was no meeting of the minds.
- Adams v Lindsell
Acceptance: Postal Rule
Offers are valid the moment the offeree posts the acceptance letter
- Investors Compensation Scheme Ltd v West Bromwich Building Society
Contractual Interpretation
- Carlill v Carbolic Smoke Ball Co
Unilateral contracts. Applied objective approach to decide on case. Offered money if someone could get ill after using their smoke ball product
Sheeran & Ors v Chokri & Ors
Sheeran was sued for infringing copyright of another songwriter It was unsuccessful as Sheeran had neither deliberately or subconsciously copied the song
Barnett v Chelsea and Kensington Hospital Management Committee [1969]:
Nightwatchman told to go home after going to A&E, died from arsenic poisoning. Hospital not liable as no treatment could have saved him. Breach of duty was not cause of damage
Limpus v London General Omnibus
Can’t escape liability by instructing employee to refrain from carrying out duty in certain manner. Bus drivers racing and caused accident, bus company still liable
Iqbal v London Transport Executive
Employees acting out of scope of duties are liable. Bus driver told not to drive, moved bus, caused accident, bus driver liable
Crook v Derbyshire Stone Ltd
employee on break caused accident. Employer liable as it occurred within hours of employment
Smith v Stages
Employee travelling back to normal place of work from working elsewhere involved in accident. Employer liable as within course of employment
Ruddiman & Co v Smith
Clerk left tap running, flooding and damaging adjoining premises. Act was within scope of employment, employer liable
Lister v Hesley Hall:
Employee at boarding house sexually abused children. Employer liable as close relationship between his actions and his employment. Employer failed to take precautions
Ellis v Sheffield Gas Consumers Co
Defendant employed contractor to perform an act (without defendant having authority to do the act) who was negligent and cause claimant to be injured. As act was illegal, employer was liable, not contractor
