Cases Flashcards
(51 cards)
Mccaura v Northern Assurance
- Timber estate, insured in his own name. Formed a company, transferred ownership and continued to insure it in his own name. Fire. Held that he couldn’t claim as he didn’t own the timber, the company did.
Cox v ???? 1916
Coulson. Coulson leased his theatre to Mill and his touring company for 60% of the profits. Cox was shot accidentally by a loaded stage gun whilst he were sat in the audience. He tried to Coulson as a partner the court held that this was not possible as the mere sharing of gross profit did not constitute partnership.
R v Lion Steel Ltd
- Stephen Berry , a maintenance worker, died when he fell through the fibreglass roof 13m above the ground. He died from his injuries. Lion steel were the third company to be convicted of corporate manslaughter in the UK and received £480,000 fine.
??? v Inland Revenue 1984
Cresswell. The work of a clerk changed from cards to computers and he refused computer training. It was held that this was not an employers breache of contract as the employee had an implied duty to obey reasonable instruction.
Isle of Wight Tourist Board v coombes
- A director was heard to say that his secretary was an intolerable bitch on a Monday morning. It was held that this was a breach-of-contract as there was in an implied term to treat all employees the same.
Simmonds v Douty Seals ltd.
- there was an express term in the employees contract in which he worked the nightshift. He was told he had to work during the day. He resigned and successfully won his case.
Pepper and Hope v Daish
- All employees received a wage increase of 5% except the plaintiff who had negotiated a separate increase. Resignation. Successful case of constructive dismissal as the employer broke the implied term to treat all employees the same
Davison v ?????????? 1975
Kent Motors Ltd. An assembly line worker was sacked for incorrectly assembling 500 products. It was held that this was unfair dismissal as he received no supervision or training.
Pepper v ????? 1969
Webb. It was held that the dismissal was fair of a gardener that said I couldn’t care less about your bloody greenhouse or your sodding garden before leaving the premises. The combination of rudeness and refusing to work amounted to gross misconduct
Walters v Top Crust Food
- In most cases rudeness does not constitute gross misconduct unless it is extreme. Here Walters told his employers to fuck off three times.
???? v William Hill ?????
Allwood, 1974. William Hill shut 12 shops without any warning which left many managers without a job. It was held that this was unfair dismissal as no redeployment was considered.
Mandla v Dowell Lee
- In this case it was held that seeks where unethical group. It established the three-point test. It was the result of a sikh boy being refused school entry when he refused to cut his hair and remove his turban.
Greig v Community Industry
- Two women were employed as decorators. On the first day, one woman didn’t show up so the employer sent the other woman home as it did not want her to be the only female worker. It was held that this was direct discrimination.
Coleman v Skyrail Oceanic
- It was held that direct discrimination occurred when the defendant was selected for redundancy because she was female and therefore the employers felt she was less likely to be the family breadwinner and therefore it would have less of an impact on family life.
Desouza v AA
- It was held that no discrimination occurred when a secretary heard her boss say give the typing to the wog as it was not detrimental to her.
Price v Civil Service
- There was a job advert that required 17 to 28 -year-olds. This was held to be indirect discrimination as more men were able to comply as women take time out to have family at this age and therefore there was a smaller pool of females to select from.
McGraw v ??????? 2011
London Ambulance Service. The appellant was a paramedic who suffered from depression and stole drugs. He was fired. It was held that this was not discriminatory as the court found no link between his illness and stealing.
Bull v ??????? 2013
Hall and Preddy. The Supreme Court ruled that Bull, who was a hotel owner that refused to book a room for a gay couple due to his Christian beliefs had acted in a discriminatory way. It was reasoned that if this was not the case then there would be a class that is exempt from law just because they don’t agree with it.
Farrah v Global Luggage Company 2012
A Muslim woman was Sax for wearing a headscarf. It was ruled that this was not discriminate Tory as they compares the situation to any employee wearing a headscarf. The court said that if she had brought a case of indirect discrimination she probably would have won.
Proctor And Gamble v United Biscuits
- P + G patented ‘crisp n chewy cookies’. United Biscuits then produced a similar product. Ordered to pay $125 million.
Bollinger v Costa Brava Wine Company
- It was held that a passing off offence occurred when wine sold as champagne was not actually from Champagne region
Lasing Linde v ???????
Kerr 1991. A senior executive of the forklift company had a clause in his contract not to work for a competitor for 12 months anywhere in the world. He did as he became a managing director of a rival firm. The restrictive covenants was not enforceable as the world was to big a place. The court mentioned that if it was just the UK it probably would have been enforceable.
Pharmaceutical Society of GB v Boots
- It was alleged that boots were illegally selling prescription drugs that needed a qualified pharmacist en shelves. The pharmacist were in fact operating the tills. It was held that this was not illegal as judges ruled pragmatically. But Item on the shelf was only an invitation to treat otherwise a customer would have been bound to purchasing them just by placing it in their shopping basket.
Hyde v Wrench 1840
Wrench offered 1000 for the farm. There is a counter offer of 950 which was rejected. Hyde accepted 1000 but it was held that there was not a valid contract. Stops the counter offerer obtaining the best of both worlds.
