paper two cases Flashcards
LNER V berriman and what happened
the literal rule case,
here the victim was oiling points on the trainline where he was hit and killed as no lookout had been provided.
what act was interpreted in lner v berriman
the fatal accidents act 1846 says a lookout must be provided whenever a railway worker us repairing or relaying a track therefore lner didn’t have to provide a lookout and were not liable therefore Mrs Berriman didn’t receive compensation
DPP V CHEESEMAN and what happened
another literal rule case,
here Cheeseman was found masturbating in a public toilet.
what act was interpreted and what did it say in dppv Cheeseman
the town police clause act 1847,
this act says that it is an offence to wilfully and indecently expose ones person in a street to the annoyance of passenger.
how did the court define street
the court defined street as any place of public resort under the control of local authority. so the toilet counted as the street
where did the court get the definition of passengers
a dictionary from 1847
how did the dictionary define passengers and did the police count
anyone passing through a place for its original purpose, but the police did not count as passengers as they were waiting for Cheeseman not passing by
r v allen what happened
part of the golden rule,
in this case d tried to marry a woman while he was already married and so he was charged with bigamy.
what act outlines bigamy
the oapa 1861
what are the two meanings of marriage
to be legally married and to go through the wedding ceremony. in order for the d to be guilty of bigamy the court would have to use the second definition as he legally wouldn’t be married after the second ceremony, therefore he was guilty of bigamy
what approach was r v allen
the narrow approach
what approach was re sigsworth
the broad approach
what happened in re sigsworth
d murdered his mother in order to get her inheritance as she dies intestate as she had not made a will
what act outlined re sigsworths case and what did it say
the administration of estates act 1925 came into effect which stated that the mothers issue would inherit her estate however this was a problem as they didnt want a murderer to benefit from his crimes
why did the court interpret the administration of estate s act 1925 in re sigsworth and how did they interpret it
as they didn’t want a murderer to benefit from his crimes
the court decided that the issue inherits in absence of a will but not when the issue has murdered the deceased
