Case summaries

Law books in a law library

R v Cunningham [1957] 2 QB 396

The defendant stole money from a gas meter, causing gas to leak and partially asphyxiate a neighbour. The Court of Appeal quashed his conviction for maliciously administering a noxious substance, ruling that 'maliciously' requires foreseeability of harm, not merely general wickedness from an unrelated unlawful act. Facts The defendant removed...

Law books on a desk

R v Constanza [1997] EWCA Crim 633 (6 March 1997)

The appellant engaged in stalking behaviour towards Miss Wilson, including delivering over 800 letters and making threats. The victim suffered depression and anxiety. The Court of Appeal held that words alone, including written letters, can constitute an assault if they cause the victim to apprehend immediate unlawful violence. Facts The...

Lady justice with law books

Tuberville v Savage (1669) 2 Keb 545

Tuberville grabbed his sword handle but stated he would not act because judges were in town. Savage attacked him, causing loss of an eye. The court held that conditional threats without imminent harm do not constitute assault, establishing that words can negate an apparent threat. Facts Savage made insulting comments...

Law books in a law library

Webb v Barclays Bank Plc [2001] EWCA Civ 1141

Mrs Webb, a polio survivor, injured her knee tripping at work. Her consultant negligently advised amputation without proper investigation or discussing alternatives. The Court of Appeal held that had she been properly advised, she would not have consented to amputation, and apportioned liability between her employer and the NHS Trust....

Law books on a desk

Smith v Hughes (1871) LR 6 QB 597

A horse trainer bought oats matching a sample shown to him, but mistakenly believed they were old oats when they were new (green) oats. The court held that the seller was not obliged to correct the buyer's unilateral mistake. This case established the objective test for contract formation. Facts Mr...

Lady justice next to law books

Harris v Nickerson (1873) LR 8 QB 286.

An auctioneer advertised office furniture for sale at auction. The plaintiff travelled to attend but the goods were withdrawn. The court held that an advertisement of an auction is merely a declaration of intent, not an offer, so the auctioneer was not liable for the plaintiff's wasted expenses. Facts The...

Lady justice with law books

Stevenson, Jacques & Co v McLean (1880) 5 QBD 346

McLean offered to sell iron warrants to Stevenson, open till Monday. Stevenson sent an inquiry about modified terms, which McLean ignored before selling to another party. The court held Stevenson's inquiry was not a counter-offer rejecting the original offer, and their subsequent acceptance created a binding contract. Facts The plaintiff,...

Law books in a law library

Dickinson v Dodds (1876) 2 Ch D 463

Dodds offered to sell property to Dickinson, promising to keep the offer open until Friday 9 AM, but sold to a third party (Allan) before Dickinson accepted. Dickinson, having learned of the sale to Allan from an intermediary, nevertheless attempted to accept and sued for specific performance. The Court of...

Lady justice with law books

Byrne v Van Tienhoven (1880) 5 CPD 344

Van Tienhoven posted an offer to sell tinplates from Cardiff to Byrne in New York. Byrne accepted by telegram upon receipt, but Van Tienhoven had already posted a revocation letter. The court held that revocation is only effective upon actual communication to the offeree, not upon posting. Facts Van Tienhoven...

Lady justice next to law books

Thomas v BPE Solicitors [2010] EWHC 306 (Ch)

Claimants alleged their solicitors were negligent in failing to advise that a share sale transaction had completed, thereby losing their right to enforce undertakings for payment. The court found completion did not occur as no confirmatory telephone call took place between solicitors, and dismissed the negligence claim. Facts The claimants,...