Cases Flashcards
(11 cards)
Whitley v Chappel (1869)
Literal rule approach example:
- a statute made it an offence to impersonate any person entitled to vote
- the defendant impersonated a dead person
- verdict: because dead people were not entitled to vote, the defendant was acquitted
Alder v George (1964)
Example of golden rule interpretation:
- defendant was charged under the official secrets act 1920 with obstruction ‘in the vicinity of a prohibited area’
- defendant argued that as they were inside the prohibited area, this was not the vicinity of it
- if literal approach defendant is fine
- verdict: using golden rule the statue was interpreted as in the vicinity
Corkery v Carpenter (1964)
Example of the mischief rule interpretation:
- C was charged with being drunk on the highway in charge of a carriage
- C was riding a bicycle so question was whether a bicycle could be regarded as a carriage
- verdict: court looked to see what the statute intended and decided that carriage could be interpreted as a bicycle
Poussard v Spiers
Example of condition - pre-contractual statements:
- An opera singer (poussard) fell in for the first week of performances. They hired a substitute, refused the services of Poussard for the remaining performances
- Verdict: performing on the opening night was a condition of the contract, therefore failure to do so can be regarded as a breach of the contract
Betting v Gye (1876)
Example of warranty - pre contractual statements:
- Opera singer was contracted to perform for three months & attend rehearsals for six days beforehand. He was 3 days late for rehearsals, and the producer refused to accept services
- Verdict: the non-attendance of rehearsals was a breach of warranty. Producer can sue for damages but cannot terminate the contract
Hong Kong Shipping Co v Kawasaki Kaisen Ltd (1962)
Example of innominate term pre-contractual statements:
This case introduced the concept of innominate terms. The contract required a ship to be “seaworthy,” but when the ship was delayed due to mechanical issues, the court ruled that the breach was not serious enough to justify termination—only damages were awarded
Scott v Couslon (1903)
Example of common mistake:
two parties negotiated a contract for a life insurance policy on a person. Both parties mistakenly believed that this person was alive when the contract was made. Verdict: the contract was void a the common mistake was made
Raffles v Wichelhaus (1864)
Example of mutual mistake:
- Two ships with the same name left Bombay at the same time
the seller thought that the cotton was on one ship whilst the buyer thought the cotton was on the other ship.
- Verdict: no possibility of finding a common ground, therefore contract was void for a mistake
Carlill v Carbolic smoke company
Example of offer:
Smoke ball supposed to help influenza
Advertised on the newspaper that if you do not get better after using the product you would get £100
A lady said that her symptoms did not get better and asked for the reward
For a unilateral contract to be valid, the requested action is both acceptance and consideration
Leonard v PepsiCo inc.
Example of mere puff:
Pepsi offered a Pepsi point scheme, with a fighter jet worth 7,000,000
Leonard wanted to buy the Pepsi fighter jet to make a profit
Was not allowed as was just an exaggeration
Pharmaceutical society of GB v Boots
Example of invitation to treat:
It was an offence to sell drugs without the presence of a pharmacist
The defendant has self-service shelves which customers could take drugs to the till for payment (operated by a pharmacist)
The contract is completed when the customer pays for goods at counter, not when they have put goods in their basket
Therefore defendant was not committing an offence
Was considered an invitation to treat
