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The Cambridge Law Journal
ISSN: 0008-1973

EISSN: 1469-2139

URL: /core/journals/cambridge-law-journal
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Volume 8 - November 1944

Research Article

A Century of the McNaghten Rules

In Memoriam

Professor Sir William Holdsworth, O.M.

Research Article

The Department of Criminal Science

Notes on Recent Cases

Constitutional law—Conscription of Dutchman resident in England—Validity of decree of Queen of Netherlands ordering conscription held to be open to investigation by English Courts—Arrest of Dutchman as a deserter under Allied Forces Act, 1940, and Order of 1940 made thereunder

Conflict of Laws—Meaning of ‘National Law’ in the Palestine Succession Ordinance, 1923, s. 4.

Constitutional law—Nationality—Position of Eire—British subject—Irishman held not to have lost British Nationality

Criminal law—Larceny—Letter mistakenly delivered to accused, who formed intent to steal contents when he opened envelope—Held: larceny

Contract—Arbitration clause relating to any dispute ‘arising in respect of this agreement’ held to cover a dispute as to whether circumstances had put an end to continuance of the contract

Criminal law—Manslaughter—Negligence of medical practitioner—High degree necessary—Evidence of other cases to rebut defence of idiosyncracy in relation to drug

Constitutional Law—Emergency Powers (Defence) Act, 1939—Defence (General) Regulations—Reg. 18b—‘If the Secretary of State has reasonable cause to believe’—Power to detain held to be at complete discretion of Secretary of State

Constitutional Law—New Zealand Legislation held to be conclusive—Inability of private person to enforce in a law Court rights conferred solely by a treaty of cession and not embodied in a statute

Contract—Covenant in restraint of trade—Gift by covenantor of capital to establish competing business—Procuring breach of contract

Contract—Hire of a van and driver for delivery of goods—Interpretation of clause in contract exempting person letting van and driver from liability for loss of goods whilst on the van

Contract—Frustration—Sale of goods—Price partly paid in advance—Delivery prevented by enemy invasion—Buyer held entitled to return of sums paid

Contract—Principal and agent—Agent to receive commission if he effects sale—No implied term that principal will not dispose of property himself or otherwise act to prevent agent earning commission

Contract—Offer and acceptance—Counter-offer subject to ‘war clause’ held to be too vague to create consensus ad idem

Criminal Law—Evidence—Confession—Business books and documents produced in consequence of promise, inducement or threat held to be inadmissible

Contract—Supply of dentures—Sale of goods or supply of work and materials—Implied term of fitness for purpose

Contract—Offer and acceptance—Conditional acceptance—‘Subject to the terms of a formal agreement to be prepared’—Held, no contract

Criminal law—felonious homicide—provocation—Circumstances in which, on trial for murder, jury should be directed to consider possibility of verdict of manslaughter—Chance medley and provocation distinguished

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Volume 8 - November 1944

Research Article

In Memoriam

Research Article

Notes on Recent Cases