week 7 - employment law Flashcards
(6 cards)
what case is an example of where someone was liable for the sale of goods by sample?
Godley v perry (1960)
Claimant (young boy) brought a catapult from a newsagent, it broke in use causing the claimant to lose sight in 1 eye. He tested the sample catapult + found no defects.
Decision: newsagent was in breach of satisfactory quality as it was not of satisfactory quality or fit for purpose. The wholesaler was also liable for sales of goods by sample as the defect was not apparent after reasonable exam of the sample.
what case is an example of where someone had become an agent by necessity?
Great northern railway v swaffield
Defendant sent a horse by rail + when it arrived nobody was there to collect or had any details of the owner. The railway company (claimant) arranged for the horse to be fed + stabled, defendant refused to reimburse the railway company.
Decision: claimant had acted in the best interests of the defendant therefore had become an agent by necessity + the defendant was bound to pay for the costs.
what case is an example of where an agency by estoppel was created?
Freeman + lockyer v buckhurst park (1964)
Defendant company had 4 directors, 1 acted as if they were the MD despite never being appointed as such. Other directors did nothing to stop this + the company refused to pay for the contract that the unauthorised director had entered into.
Decision: the company was liable as they gave no indication that the director did not have the authority, therefore an agency by estoppel was created.
what case is an example of where there was a breach of duty to exercise care + skill?
Keppel v wheeler (1927)
Estate agent had obtained an offer from a purchaser to buy his principal’s property, the agent received another offer from a different person at another price, the agent failed to inform the principal of the higher offer + house was sold at the lower price.
Decision: agent had committed a breach of duty + was liable in damages to principle.
what case is an example of where an agent was not entitled to payment?
Luxor v cooper (1941)
Contract between estate agent + seller of 2 cinemas, stated that agent would be paid on completion of sale. Agent found a purchaser willing to buy the cinemas but the seller decided not to go ahead with the sale.
Decision: sale had not taken place so the agent was not entitled to the payment.
what case is an example of where an agent was entitled to payment?
Scheddia v gradwell (1963)
Stated the estate agent would be paid commission if any person introduced by the agents entered into a legally binding contract to purchase the business + property.
Agent introduced a person who entered into an agreement to buy + paid a deposit, they later withdrew + the sale did not go ahead.
Decision: as the agent had fulfilled the duties per the contract, they were entitled to be paid.
