Articles for author: National Case Law Archive

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Allcard v Skinner 09 Jul 1887 36 Ch D 145, CA

Facts In 1868, the claimant, Miss Allcard, a woman of approximately 35 years, was introduced to the defendant, Miss Skinner, who was the lady superior of a Protestant institution known as the ‘Sisterhood of St. Mary at the Cross’. The sisterhood was a voluntary association of women dedicated to charitable work among the poor. In 1871, Miss Allcard became a full member of the sisterhood, taking vows of poverty, chastity, and obedience. The vow of poverty required members to relinquish all their property, though not necessarily to the sisterhood itself. The rules of the order stipulated that members could not

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Alec Lobb (Garages) Ltd v Total Oil (GB) Ltd [1984] EWCA Civ 2 (08 November 1984)

Facts The plaintiffs, a family-owned company, Alec Lobb (Garages) Ltd, and its directors, Mr. and Mrs. Lobb, were in severe financial distress. To avoid insolvency, they entered into a complex transaction in 1969 with the defendant, Total Oil (GB) Ltd. The agreement consisted of a lease and lease-back arrangement for their garage premises. The plaintiffs leased the freehold of the property to Total for a term of 51 years in return for a premium of £35,000. Simultaneously, Total leased the property back to the company for a 21-year term. A crucial component of this arrangement was a ‘solus tie’ agreement,

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Ailsa Craig Fishing Co Ltd v Malvern Fishing Co Ltd [1981] UKHL 12 (26 November 1981)

Facts The appellants, Ailsa Craig Fishing Co Ltd, owned a fishing vessel, the George Craig, which was moored in Aberdeen Harbour. They contracted with the third party, Securicor (Scotland) Ltd, to provide security services for their vessels. The contract incorporated Securicor’s standard conditions of business. Due to the negligence of Securicor’s employee, who failed to properly inspect the vessels during his patrols, the appellants’ vessel sank, resulting in a loss valued at £55,000. Securicor sought to rely on Clause 2(f) of its standard conditions, which was a limitation of liability clause. The clause stated that in the event of any

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AEG (UK) Ltd v Logic Resource Ltd [1995] EWCA Civ 19 (20 October 1995)

Facts The claimant, AEG (UK) Ltd (‘AEG’), a buyer, entered into a contract with the defendant, Logic Resource Ltd (‘Logic’), a seller, for the purchase of cathode ray tubes. The contract was formed on AEG’s standard conditions of purchase. After delivery to AEG’s premises in the UK, the tubes were incorporated into products that AEG sold to a sub-purchaser in Hong Kong. The tubes were subsequently found to be defective. AEG sought to exercise its contractual right to return the goods. A dispute arose regarding the location for the return. AEG contended that Logic was obliged to collect the defective

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Adler v Dickson [1954] EWCA Civ 3 (29 October 1954)

Facts The plaintiff, Mrs Fay Adler, was a first-class passenger on the P. & O. steamship ‘Himalaya’ for a cruise. Her ticket, which constituted the contract of carriage with the company, contained an exemption clause. This clause stated that passengers were carried at their own risk and that the company would not be liable for injury to any passenger arising from the negligence of its servants. During the voyage, while Mrs Adler was descending the gangway, it moved and she was thrown onto the quay from a height of sixteen feet, sustaining serious injuries. Rather than suing the P. &

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Addis v Gramophone Co Ltd [1909] UKHL 1 (26 July 1909)

Facts The plaintiff, Mr. Addis, was employed by the defendant, Gramophone Company Ltd., as their manager in Calcutta, India. His employment contract stipulated a salary of £15 per week and a commission on trade done. The contract was terminable upon six months’ notice. In October 1905, the company gave Mr. Addis the required six months’ notice of termination. However, they concurrently appointed his successor and took immediate steps to prevent him from performing his duties as manager. This action constituted a wrongful and abrupt dismissal, forcing Mr. Addis to return to England. At first instance, the jury awarded him £600