WK 3 - Case law Flashcards
Morrison v Robertson (Cows)
M though he was contracting with Wilson, not T.
Contract with T was void.
Error as to identity of other party.
M induced misrepresentation of T (essential error).
M entitled to get cows back from R.
M sells to T. T sells to R.
Macleod v Kerr
No error as to identity. Contract between K and G voidable, not void.
Misrepresentation did not induce essential error.
Only avoidable if restitutio was possible.
As car was resold, it was not possible.
[G sells car to M (3rd party). G used stolen check so K had no car/money.]
Which act regards capacity - Children
Age of Legal Consent (Scotland) Act 1991
[See separate deck for details.]
Incapable adults affairs are administered by either exercising power of attorney or as guardian under which Act?
Adults with Incapacity (Scotland) Act 2000 Part 6
Persons intoxicated beyond ability to reason lack capacity
Erskine, 1, 3,16 (W&B 5-05)
X v BBC [2005] CSOH 80 (W&B 5-05)
17 year old girl revoked consent for TV show (drugs & alcohol)
Taylor v Provan
Taylor refused to pay £15 per head for cattle earlier. Went back drunk and did it.
Morgan Guaranty Trust Co of New York v Lothian RC 1995 SC 151
A payment was made under a contract that was void owing to the fact that one of the parties thereto did not have contractual capacity.
Any benefit passed under the void agreement may be recovered via unjustified enrichment.
Cantiere san Rocco SA v Clyde Shipbuilding & Engineering Co Ltd [1924]
Contract with another country + war breaks out [enemy aliens]
Remedy of unjustified enrichment
Any benefit passed under the void agreement may be recovered via unjustified enrichment.
Earl of Orkney v Infra 1606
Immediate threat of violence - stab through head if didn’t sign.
Hunter v Bradford Property Trust Ltd 1997
Threat of lawful action will not found a claim. B wouldn’t continue selling property unless a new contract was signed.
Hislop v Dickson Motors (Forres) Ltd 1978
Assistant accused of theft by bosses, who ask her to repay money with threat of going to police. They do it again and the case goes to court.
Held that you can blackmail someone into repaying money by threatening to do a lawful act (turn them in) only insofar as it restores money originally lost.
Second incident was extortion.
McGilvary v Gilmartin 1986
Mrs McG always intended to give house to son. Her husband dies. In weakened state, daughter convinces her to give house to daughter.
Court ruled this was sufficient enough to rule circumvention.
