Notes on Recent Cases
Contract—Misrepresentation—Rescission—Representation by Vendor True when Made—Circumstances Changed Before Contract Signed—Continued Representation—Vendor Held Bound to Disclose Change of Circumstances, whether Contract Uberrimae Fidei or Not
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- 16 January 2009, pp. 243-244
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Contract—Frustration of Charterparty—Repudiation of Contract Due to Default of Repudiating Party Held Not to be Frustration
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- 16 January 2009, pp. 100-101
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Contract—Illegality—Promise by Married Man to Unmarried Woman to Marry on His Obtaining a Decree of Nullity—Semble, Agreement Void as Contrary to Public Policy—Tort—Deceit—Semble, No Action Because Promisee a Party to Immoral Cohabitation
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- 16 January 2009, p. 101
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Contract—Personal Service—Injunction—Film Artist—Covenant not to Perform for Others Upheld by Injunction—Damages as Alternative Remedy Held to be Inappropriate
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- 16 January 2009, pp. 244-245
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Contract—Public Policy—Agreement not to Disclose a Fraud Committed against One of the Parties—Hindering Prosecution of Crime.
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- 16 January 2009, pp. 430-431
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Contract—Breach of Promise—Promise to Marry Pending Decree Nisi Held Void as Contrary to Public Policy
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- 16 January 2009, p. 102
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Criminal Law—Defamatory Libel—Trivial Libel Unlikely to Disturb Peace, or Seriously to Reflect on Character, Ought not to be Prosecuted—Prosecution Need not Prove Prosecutor Unusually Likely to be Provoked
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- 16 January 2009, pp. 245-246
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Contract—Public Policy—Life Insurance—Suicide while of Sound Mind—Felony—Public Policy—Administratrix not Entitled to Recover Policy Moneys
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- 16 January 2009, pp. 431-432
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Contract—Master and Servant—Implied Obligation of a Servant to Serve His Master with Fidelity—Soliciting Custom From Master's Customers Held to be a Breach of This Obligation Although Transfer to Take Effect Only After Termination of Employment
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- 16 January 2009, p. 103
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Criminal Law—Evidence—Similar Acts by Prisoner—Murder—Deliberate Knocking Down of Woman by Motor Car—Similar Attacks on Other Persons—Admissibility
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- 16 January 2009, pp. 246-247
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Contract—Public Policy—Promise by Married Man, against whom Decree Nisi Obtained by Wife, to Marry Third Party—Held: Promise not Contrary to Public Policy
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- 16 January 2009, pp. 432-433
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Contract — Sale of Goods — Written Contract — Oral Agreement Extending and Postponing Period of Delivery — Held: the Variation was a Mere Voluntary Forbearance and not a New Contract
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- 16 January 2009, pp. 433-434
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Real Property—Restrictive Covenants—No Building Scheme—Covenant with Assigns of Vendors under a Prior Conveyance—Effect of Law of Property Act, 1925, s. 56
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- 16 January 2009, pp. 247-248
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Contract—Option to Extend on Terms to be Subsequently Agreed Held too Vague to be Enforceable—Mutual Mistake of Law Does Not Vitiate a Contract
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- 16 January 2009, p. 104
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Contract—Sale of Goods Act, 1893, s 4—Commission to Paint Portrait is Contract for Work and Labour
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- 16 January 2009, pp. 105-106
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Criminal Law — Evidence — Admissibility of Evidence which not Merely Impugned the Credit of Crown Witnesses but also Formed the Pith of Prisoner's Defence
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- 16 January 2009, p. 435
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Real Property—Restrictive Covenants—No Building Scheme—Benefit of Covenants—Subsequent Purchaser of Part of Land Retained
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- 16 January 2009, pp. 248-249
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Sale of Goods—Sale of Goods Act, 1893—Passing of Property
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- 16 January 2009, pp. 249-250
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Criminal Law—Manslaughter—Death Caused through Dangerous Driving of Motor Car—Degree of Negligence not Necessarily the Same as that for Dangerous Driving under Road Traffic Acts
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- 16 January 2009, pp. 435-436
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Criminal Law—Mens Rea—Killing a House Pigeon—‘Unlawfully and Wilfully Kill’—Larceny Act, 1861, s. 23—Honest Belief that Bird was a Wild Pigeon—Apprehension of Damage to Crops—Neither of these Held to be a Defence
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- 16 January 2009, pp. 106-107
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