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57 Cards in this Set

  • Front
  • Back
Golden Rule
Adler v George

- not in the vicinity, on the premises!
Mischief Rule
Heydon's Case

Street Offences Act UK 1959 (Smith v Hughes)
Purposive Approach
The Stock Route Case 1983
Offer and Acceptance and Invitation to Treat
Fisher v Bell (Flick knife case)

Pharmaceutical Board of GB v Boots Cash Chemists (1953)
Offers to the world at large
Carlill v Carbolic Smoke Ball Company
Intention: Honour Clauses
Rose & Frank Co v Crompton and Bros

A business arrangement between an american and british firms contained an honour clause reneging their legal intention
Past Consideration
Roscola v Thomas (1842) (bad horse)

Anderson v Glass (1869) (employee promises bonus)
Part Performance: Contract Discharge of an Existing Duty
Pinnel's Case- a part payment of a debt can not extinguish the obligation to pay the whole debt.
Promissory Estoppell
Central London Property Trust v High Trees House Ltd

High trees rents block of flats. Because of war, both parties agree to drop rent. When full again, CLPT sues for rent gap. Found eligible for rent gap, but not if they had asked for back payment.
Capacity: Minors

Contracts of Necessities
Bojczuk v Gregorcewicz
Mercantile Group v Ball
G borrowed money from B even though had a job to go to Australia, didn't pay back. Didn't have to as couldn't be made to pay as wasn't a necessity.
Capacity Minors

Beneficial Contracts of Services
Hamilton v Lethbridge 1912- Lethbridge law clerk bound by clause that he could not work within employers radius
Capacity Minors

Beneficial Contracts of Service
Mercantile v Ball

Ball enters agreement for Truck as a minor and gets sued for final payments.
Mentally Unsound or Intoxicated
Blomley v Ryan

Blomley enters into contract to buy farm from Ryan (alcoholic) and he should have known
Common Mistake
McRae v Commonwealth Disposals

Where is that tanker again?
Mutual Mistake
Raffles v Wichelhaus
Bilateral Mistake over identity good guy wins
Ingram v Little
Cundy v Lindsay

Blenkarn fakes hankerchiefs out of Lindsay, onsells to Cundy. Divisional court ruled Lindsay couldn't recover goods, House of Lords overturned and said they could as there was not passing of title
Bilateral Mistake over identity bad guy wins
Lewis v Avery

Lewis sells car to guy posing as an actor who then onsells to Avery. Lewis sues Avery. Loses

Phillips v Brooks

North gets jewellery from Phillips, says he is someone else. Sells to Brooks. Found that jeweler sold to guy in the shop.
Bilateral Mistake over a Term
Taylor v Johnson

Land deal declined by Taylor as though it was 15K an acre instead of total.
Unconscionable Conduct
A Schroeder Music Publishing v Macaulay

Composer has no rights even when works out of contract
Unconscionable Conduct
ACCC v Lux Co.
Terms v Representation
Bentley Productions v Harold Smith

Smith sells a car with representation it had only done 20K, had done 100K. Ks found as a term
Condition v Warranty- 3 cases please!
Tramways Advertising v Luna Park

Did not get 8 hours as stipulated in condition of contract
Condition v Warranties
Madam Poussard v Spiers

Poussard misses first 5 nights shows due to sickness, let off. Unsucessfully sues for breach of contract. Missing opening night considered breach of condition
Condition v Warranties
Hong Kong Fir Shipping v Kawasaki Kisen Kaisha

Ship out of action for 15 weeks in 2 year period not deemed substantial and therefore not breach condition
Contract of Goods v Contract of Services
Robinson v Graves

Graves hires Robinson to paint portrait, but repudiates before completion. Robinson successfully sues for payment as contract was for service not goods.
Transfer of Property Risk
Wardar's v Norwood

Risk and ownership of of frozen kidneys passed to carrier when docket presented for collection
Guarantee on Goods: Right To Sell
Ashington Piggeries Case

OK to sell contaminated pig food as it was "FOOD"
Unconscionable conduct
ACCC v Lux Pty Ltd

Door to door salesman sells vacuum cleaner to illiterate lady
Guarantee on Goods: Fit of Purpose
Grant v Australian Knitting Mills

Woolen underwear caused rashes. Not fit for purpose, shop should have known
Misleading or Deceiving Conduct
Taco Bell Case

Taco Bell Casa's and Taco Bell take action against each other, found for TBC as had been here for 5 years, were not trying to deceive.
Misleading or Deceiving Conduct
ACCC v Target Australia

Target advertised 'all items on sale' with small disclaimer excluding some items
Misleading or Deceiving Conduct
Nationwide News v ACCC

Telstra advertises free phones with $0 upfront in small print
Passing Off
Koala Dundee v Hogan
Pacific Dunlop v Hogan
INXS v South Sea Bubble
Cadbury Schweppes v Pub Squash
Duff Beer Case
Comparative Advertising
Energizer Australia v Remmington Products Australia

Remmington compare their product to Energizer
Bait Advertising
ACCC v Harvey Norman

Harvey Norman admittedly had small quantity of item on sale advertised that couldn't supply
Substantial Copyright
Milpurrurru & Ors v Indofurn

Major part of portrait reproduced onto fabric in Indonesia
Product Liabiltiy
Glendale Chemicals v ACCC

Failed to show adequate warnings about product burning people
Misrepresentation For Advertising as Accessories
ACCC v Nissan Motor Cars

Nissan advertised wrong picture in advert
Misrepresentation for Advertising as Principals
Cassidy v Saatchi & Saatchi

Saatchi and Saatchi not found guilty purely for being advertising company making advertising that happened to be misleading
Misuse of Market Power
Melway Publishing v Robert Hicks

Melway wouldn't sell to rival distributor but wasn't misuse of power as they had they had their own distributorship
Exclusive Dealing
TPC v Legion Cabs

Taxi co-op tried to exclude members from having radios unless they bought certain petrol
Vicarious liability of employers
Kordos v Plumrose

Employer liable for failing to stop discrimination towards another employee
Employee or contractor?
Hollis v Crisis couriers Case

Couriers were employees as they lacked control over their work and appeared to represent the company
Referral selling s57
ACCC v Giraffe World Australia

Seller of a magic mat that emitted 'ions' was found to be pyramid selling
Accepting payment without intent to supply
Dawson v World Travel

Took deposits for outdated tour
Undue harassment at place of residence
ACCC v McCaskey (2000)

Perth debt collector swore and threatened arrest over phone
Sale of goods: Acceptable quality
David Jones v Willis

Lady buys shoes and breaks leg
Agency

Implied Authority
The Snowy Mountains Hydro Case

An agent for an overseas company had implied authority to bank cheques payable to the company into its bank account
Agency

Apparent Authority
Panorama Developments v Fidelis

A senior exec had apparent authority to make his employer liable for contracts he made without actual authority.
Agency

Another Apparent Authority
Tooth v Laws

Laws sells the pub, doesn't tell anyone he has
Ratification
Bolton v Lambert
Agency by Operation of Law
Great Northern v Swaffield

Fat controller acted as an agent of necessity looking after a forgotten horse in a storm
Privity of Contract
Dunlop Tyre case

Contract between Dunlop and its agent meant it could not be sued by another company
Mistake as to nature of document
Petelin v Cullen

Cullen tries to buy land of Petelin, italian who speaks little english. Petelin thinks he is getting paid 2 installments and was mistake as to nature of the document
Unfair dismissal
Maggs v Victorian Arts Centre Trust
Frustration
Taylor v Cadwell

Hall burnt down before concert
Intention
Wakeling v Ripley