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8 Cards in this Set
- Front
- Back
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Whitely v.Chappel (1986) |
Literal Rule - Defendant voted in the name of a dead person and accused of impersonating 'any person entitled to vote'
However as a dead person can't vote he was found to be innocent. |
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Smith v. Hughes (1960) |
Mischief Rule - Prostitute on balcony found guilty of soliciting even though not in a "street or public place" - Street Offences Act 1959 |
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Slide 3 |
Answer |
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Mercer v. Denne (1905)
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Local customs - Claimant prevented from building houses on part of beach he owned as local fishermen established ancient right to dry nets on beach
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Mercer v. Denne (1905)
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Local customs - Claimant prevented from building houses on part of beach he owned as local fishermen established ancient right to dry nets on beach
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New Windsor Corporation v. Mellor (1975)
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Local Custom - Lady successfully established the right of local residents to engage in sports in an area of central Windsor, evidence to show it had taken place since 900 AD
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Hutton v. Warren (1836)
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Conventional custom - Defendant landlord have tenner 6 months notice to quit. Farmer continued to work (usual practice) then used for work and materials.
It was entitled he should be paid, even though there was no express agreement between the parties |
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Francovich v. Italian Republic (1991)
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European Directives - If a member state fails to implement a directive they can be sued by an individual who suffers a loss as a result of failure to implement
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