What are the key cases for D02 Intro to Law?
A.
The list below is not exhaustive. It is constantly updated as new cases are added to it.
Agency (Employment dismissal)
Cavenagh v Williams Evans Ltd [2012]--- Reading on Agency here.
Secret profit & Bribe
Misconduct of agent, right of Principal to benefit gained
Tan Kiong Hwa v. Andrew S.H. Chong [1974]
Andrews v. Ramsay and Co [1903]
Mahesan v. Malaysian Govt. Officers Co-operative Housing Society Ltd [1978]
Apparent Authority or Ostensible Authority
Worker at office acted like owner
Watteau v Fenwick (1892)
Contract
--- Reading on Contract here.--- Law Teacher
Intention to create legal relations
ESSO Petroleum Co. Ltd. v Customs & Excise Commissioner [1976]
Doctrine of promissory estoppel
Central London Property Trust Ltd v High Trees House Ltd [1947]
... a promise was made which was intended to create legal relations and which, to the knowledge of the person making the promise, was going to be acted on by the person to whom it was made and which was in fact so acted on.
Hughes v. Metropolitan Railway Co [1877]
... with the initiation of the negotiations there was an implied promise by the landlord not to enforce their strict legal rights...
Acceptance
Pre-contract
Masters v Cameron [1954]
"Subject to..."
Low Kar Yit & Ors v Mohamed Isa & Anor [1963]
Counter offer
After counter offer, original offer no more open
Hyde v Wrench [1840]
Passage if time
Too long time offer elapsed that there was no contract
Ramsgate Victoria Hotel Co Ltd v Montefiore [1866]
Silence
Proposer cannot prescribe silence as a manner of acceptance
Fraser v Everett (1889)
Felthouse v Bindley (1862)
Performance of contract
Partly performed, cannot get paid, only fully completed can be discharged
Sumpter v Hedges [1898]
As in Quantum Meruit - Sumpter v Hedges
Strict Liability (Elements)
Tuberville v. Savage, 1 Mod. Rep. 3, 86 Eng. Rep. 684 (1669).
Dougherty v. Stepp, 18 N.C. 371 (1835).
Vosburg v. Putney, 80 Wis. 523, 50 N.W. 403 (Wisc. 1891).
The Thorns’ Case, Y.B. 6 Edw. 4, 7, pl. 18 (1466).
Central London Property Trust Ltd v High Trees House Ltd [1947]
... a promise was made which was intended to create legal relations and which, to the knowledge of the person making the promise, was going to be acted on by the person to whom it was made and which was in fact so acted on.
Hughes v. Metropolitan Railway Co [1877]
... with the initiation of the negotiations there was an implied promise by the landlord not to enforce their strict legal rights...
Pre-contract
Masters v Cameron [1954]
"Subject to..."
Low Kar Yit & Ors v Mohamed Isa & Anor [1963]
Counter offer
After counter offer, original offer no more open
Hyde v Wrench [1840]
Passage if time
Too long time offer elapsed that there was no contract
Ramsgate Victoria Hotel Co Ltd v Montefiore [1866]
Silence
Proposer cannot prescribe silence as a manner of acceptance
Fraser v Everett (1889)
Felthouse v Bindley (1862)
Performance of contract
Partly performed, cannot get paid, only fully completed can be discharged
Sumpter v Hedges [1898]
As in Quantum Meruit - Sumpter v Hedges
Condition or warranty
Termination by breach of condition
Tramways Advertising Pty Ltd v Luna Park (NSW) Ltd (1938)
Frustration
Theatre burned down, not my fault！
Taylor v Caldwell 1863
Contract (Option with consideration paid) is irrevocable
Termination by breach of condition
Tramways Advertising Pty Ltd v Luna Park (NSW) Ltd (1938)
Frustration
Theatre burned down, not my fault！
Taylor v Caldwell 1863
Contract (Option with consideration paid) is irrevocable
Offer with option open cannot be withdrawn when consideration paid
Test of frustration
Completing over budget is not frustration of contract, not claimable for damage/overspent
Davis Contractors Ltd v Fareham Urban District Council [1956]
Injunction issued thus delayed completion, can claim for frustration of contract.
Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982)
Relationship agent and principal
Bribe received for over valued land, fiduciary duty of an agent and tort, criminal.
Mahesan v Malaysian Government Officers Co-operative Housing Society Ltd [1975]
Minor no Legal Capacity
Void ab initio
Mohori Bibee v Dhumordas Chose (1903)
Scholarship contract
Government of Malaysia v Gucharan Singh [ 1971]
Duty of care
Donoghue v Stevenson 1932
2-Stage Test or Anns Test - Anns v Merton LBC (duty of care - overruled by Murphy v Brentwood)
3-Stage Test or Caparo Test - Caparo Industries v Dickman (Proximity, Foreseeable, Fair)
Foreseeability - Hedly Bryne v Helly
Reasonableness in Standard of Care - Blyth v Birmingham Waterworks
Breach of duty
Bolton v Stone 1951; Roe v Minister of Health 1954
Neogh Soo Oh & Ors v G Rethinasamy (1984)
Completing over budget is not frustration of contract, not claimable for damage/overspent
Davis Contractors Ltd v Fareham Urban District Council [1956]
Injunction issued thus delayed completion, can claim for frustration of contract.
Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982)
Relationship agent and principal
Bribe received for over valued land, fiduciary duty of an agent and tort, criminal.
Mahesan v Malaysian Government Officers Co-operative Housing Society Ltd [1975]
Minor no Legal Capacity
Void ab initio
Mohori Bibee v Dhumordas Chose (1903)
Scholarship contract
Government of Malaysia v Gucharan Singh [ 1971]
Negligence
Duty of care
Donoghue v Stevenson 1932
2-Stage Test or Anns Test - Anns v Merton LBC (duty of care - overruled by Murphy v Brentwood)
3-Stage Test or Caparo Test - Caparo Industries v Dickman (Proximity, Foreseeable, Fair)
Foreseeability - Hedly Bryne v Helly
Reasonableness in Standard of Care - Blyth v Birmingham Waterworks
Bolton v Stone 1951; Roe v Minister of Health 1954
Neogh Soo Oh & Ors v G Rethinasamy (1984)
Watt v Hertfordshire County Council (1954)
Legal causation or remoteness
Palsgraf v Long Island Rail Road 1928
Hay (or Bourhill) v Young (1943)
Palsgraf v Long Island Rail Road 1928
Hay (or Bourhill) v Young (1943)
Strict Liability (Elements)
Tuberville v. Savage, 1 Mod. Rep. 3, 86 Eng. Rep. 684 (1669).
Dougherty v. Stepp, 18 N.C. 371 (1835).
Vosburg v. Putney, 80 Wis. 523, 50 N.W. 403 (Wisc. 1891).
The Thorns’ Case, Y.B. 6 Edw. 4, 7, pl. 18 (1466).
1 comment:
Landmark cases are significant legal TurHost decisions that have set important precedents and shaped the interpretation of laws.
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