Contract law (Offer and invitation to treat) - Fisher v Bell [1961 ]
This case a landmark case in contract law and the distinction between offer and an invitation to treat. In this case a shopkeeper placed a flick knife with a price tag in their shop window. He was charged with an offence under the Restriction of Offences Weapons Act 1959 of offering for sale an offensive weapon. The court ruled that the display of the knife constituted an invitation to treat, not a binding offer, therefore Mr Bell was not guilty of the offence.
Tort (Negligence) - Donoghue v Stevenson [1932]
This is a landmark case in the law or Tort, in this case the Tort of Negligence. Ms Donoghue drank a bottle of ginger beer which had the decomposed remains of a snail which made her ill. She did not purchase the bottle so no contract existed between her and the manufacturer Stevenson. She sued Stevenson for damages.
The House of Lords ruled that the manufacturer did owe the ultimate consumer a duty of care not to cause harm. The wide ranging principle known as the "Neighbour Principle" which stated that you should take reasonable care to avoid acts or omissions that could foreseeably cause harm to others.
This case established the obligations that manufacturers have towards consumers and influenced the law in this areas in the years since it was decided.
Criminal law (Defence of Necessity) - R v Dudley and Stephens [1884]
This is a landmark case concerning the defence of necessity to murder. In this case three men were cast at sea and were out of food and water. Two of the men decided to kill the third who was younger and weaker and ate his body. They were tried for murder and pleaded necessity in needing to kill and eat the unfortunate victim in order to stay alive. This defence was rejected by the court as a defence for murder in this case as killing an innocent person cannot be justified.
Tort (Trespass) Bernstein v Skyviews [1978]
This case looked at the right of landowners over the airspace over their land. Skyviews and General Ltd (S) took an aerial photograph of several houses which included Coppings Farm, Bernstein’s country home. Skyviews tried to then sell the photograph to Bernstein who claimed damages for trespass over his airspace. Bernstein also sought to claim invasion of privacy for entering the air space above his property and taking the photograph without his consent.
The court rejected his claim stating that a property owner’s rights are restricted to such height as is necessary for the ordinary use and enjoyment of his land and the structures upon it
Crime (Assault) Tuberville v Savage [1669]
A great old case on criminal assault (and the Tort of trespass to the person).
Tuberville put his hand on his sword and said to Savage, “If it were not assize-time, I would not take such language from you.” Savage then hit Tuberville, and Tuberville was injured. The court held in this case that the threat of assault without the immediate threat of causing harm is not sufficient to meet the threshhold of assault.
Land Law/Housing - Lease/Licence distinction Street v Mountford [1985]
This was a key case in land and housing law. Mr Street, gave rooms 5 and 6 in No 5 St Clement’s Gardens, Boscombe to Mrs Wendy Mountford for a ‘licence fee’ of £37 a week, terminable on fourteen days’ notice. Mrs Mountford also signed a form saying she understood the Rent Act 1977 did not apply to regulate her rental payments. The Rent Act 1977 at that time applied to leases only, not licences. Landlords were required to accept a rent which was deemed to be fair by an independent officer or tribunal. Mrs Mountford argued she had a lease not a licence.
The final decision of the House of Lords was that Mrs Mountford had exclusive position and paid rent so was a tenant rather than licensee. Signing a piece of paper agreeing it was a licence did not change the fact if it met the requirements of a lease then it was a lease and the person was a tenant with those additional protections.
