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84 Cards in this Set
- Front
- Back
Lothian v Jenolite Ltd |
If it is to be a sole (when there is only one agent within a particular geographical area) agency it should say so. |
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Fernie v Robertson |
Details an implied agency, where it is likely authority would have been given for an action designed to benefit the principal but it hasn't been because of a problem with the principal. |
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Freeman Lockyer v Buckhurst Park Properties (Mangal) Ltd |
Details an agency created by holding out. |
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Keighley Maxstead & Co. v Durant |
In an implied agency, for it to be ratified, the agent must have made it clear to the third party that there was a principal and who it was. |
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Phonogram v Lane |
You cannot be an agent for a non-existent company unless you disclose this to the third party and your contract excludes you of liability. |
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Boston Deep Sea fishing Co v Ansell |
An agent cannot make secret profits off a transaction. |
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McPherson’s Trs. v Watt |
An agent must disclose if he has a vested interest in a transaction. |
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Taylor v Logan |
The agent must keep accounts |
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Liverpool Victoria Friendly Society v Houston |
An agent has a duty of confidentiality to his principal. |
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Milne v Ritche |
If the agent acts beyond his authority, the principal may still be bound by the contract but the principal may recover from the agent. |
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Glendinning v Hope |
An agent is entitled to a lien over the principal’s assets in his possession if he has not been paid. |
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Stone & Rolph Ltd v Kimber Coal Co Ltd |
Where the agent is an agent for a named principal, he has no liability. |
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Armour v T L Duff and Co |
When a principal can easily be found out by the third party the agent is not liable. |
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Ruddy v Marco |
In order for the agent not to be liable he must expressly say he is acting on behalf of someone, even if they do not accept responsibility. |
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Ferrier v Dodds |
Once a person has chosen to sue either the agent or principal they are stuck with that choice. |
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British Bata Shoe Co. Ltd v Double M Shah Ltd |
Where the agent is obviously acting without authority the principal is not bound. |
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Watteau v Fenwick |
If there used to be authority and it has been withdrawn, other parties should be informed or the principal will still be held liable for the unauthorised act of the agent. |
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Gilmour v Clark |
An agent must make good any loss to the principal through his negligence. |
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Caparo Industries Plc v Dickman and Ors |
An agent is normally liable only to the person with whom he is in an agency relationship. |
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Saloman v A. Saloman & Co. Ltd |
Demonstrates the separate legal identity of a company. |
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Gilford Motor Co Ltd v Horne |
Courts would pierce the corporate veil when it was being used to dodge legal obligations. |
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Daimler Co Ltd v Continental Tyre and Rubber Co (Great Britain) Ltd |
Courts would pierce the corporate veil to avoid a UK company trading with the enemy. |
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Woolfson v Strathclyde Regional Council |
Courts would not pierce the corporate veil when it was only being done so a company owner would get compensation paid to him instead of the company. |
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Prest v Petrodel Resources Ltd |
The corporate veil should only be lifted where it is being use to“evade a legal obligation or frustrate the operation of law.” |
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Dorchester Finance Co Ltd v Stebbing |
Directors must act with due skill and care. |
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Multinational Gas and Petrochemical Co Ltd v Multinational Gas and Petrochemical Services Ltd and ors. |
No duty of care owed by directors to creditors whilst the company is still solvent. |
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Williams v Natural Life Health foods |
A negligent director will not be personally liable to third parties when acting in the course of business. |
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Office of Fair Trading v Lloyds TSB Bank Plc |
The protection of claiming money back from credit companies extends to goods bought within the EU and possibly beyond. |
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McSkimming v Royal Bank of Scotland Plc |
The arrestee had an object that had been arrested but sold it. He became liable for the debt. |
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High Flex (Scotland) Ltd v Kentallan Mechanical Services Co |
Anybody receiving the arrested goods while knowing that they are arrested is required to repay the asset to the arresting creditor. |
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McCormack v Hamilton Academicals Football Club |
Verging insolvency of a football club allowed a pursuer in an unfair dismissal to arrest his possible damages on the dependence. |
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Bain v Rangers Football Club |
Verging insolvency of a football club allowed a pursuer to arrest his possible damages on the dependence. |
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Bawden v London, Edinburgh and Glasgow Assurance Co. |
If an agent makes a misrepresentation about a proposer even though the proposer has been entirely truthful then the policy is still valid. |
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Dawsons Ltd v Bonnin |
Held that a warranty in an insurance contract could not be breached without the contact being rendered invalid. |
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Looker v Law Union and Assurance Co |
If a proposal form has been sent to an insurer but has not received then the contract will not be held as having commenced. |
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Black King Shipping Corporation v Massie |
Dishonest claims relieve an insurer of all future obligations under the contract. |
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Leyland Shipping Co. v Norwich Union |
There must be proximate cause for an insurance claim. |
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Cleaver v Mutual Reserve Life Fund Association |
You cannot benefit under an insurance policy from a criminal act. |
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Castellain v Preston |
Subrogation. This is where an insurer obtains all the insured's rights against third parties after the paying out of a claim. |
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Komarosof v Mickle |
Something must be fixed in order for you to get copyright over it. |
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London University Press Ltd v University Tutorial Press Ltd |
The work itself need not be startling, but it must be author’s own work and not copied. |
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Hyperion Records Ltd v Sawkins |
Where skill and effort has been expended, this will protect the copyright. |
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Lamb v Evans |
Sometimes there is a further defence that the substance is identical anyway (as in street maps), If you can’t avoid having the same thing.unless the first author’s mistakes are replicated. |
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AA v Ordinance Survey |
In this case, a person copied OS maps. They found out because the small details were exactly the same. |
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IBCOS Computers Ltd v Barclays Mercantile Highland Finance Ltd |
The “functional necessity” argument - there is only one way of writing a computer program. |
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Windsurfing Inc. v Tabur Marine (Great Britain) Ltd |
Inventions must not have been in the public eye before to be patentable. |
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Berlei (UK) Ltd v Bali Brassiere Co. |
A trademark will not be valid if it is identical or very similar to an existing trademark. |
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Reckitt & Colman Products Ltd v Borden Inc |
Defines 'passing off' where one company tries to convince peoples its products are that of a different company by making them look remarkably similar. |
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Erven Warnick BV v Townend and Sons (Hull) Ltd |
Advocaat. Where there is misrepresentation, the courts will protect the original owner of a recognised product |
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Rowland v Divall |
Details the implied term in a contract of sale that the seller has the right to sell the goods. |
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Beale v Taylor |
Goods sold by description will correspond with their description. |
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Bartlett v Sidney Marcus Ltd |
Seller made clear there was a problem with a car to be purchased so the purchaser could not claim for the repairs to sort this problem. |
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Grant v Australian Knitting Mills |
Where the buyer explains to the seller the purpose for which the goods are being bought, the goods must be reasonably fit for that purpose. |
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Griffiths v Peter Conway Ltd |
Itchy fur coat could not be returned just because it was itchy as this is common among all fur coats. |
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Ashington Piggeries v Christopher Hill Ltd |
Where it is understandable that the buyer is relying on the sellers knowledge to know if the goods will be fit for purpose the seller is strictly liable if they are not. |
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Godley v Perry |
Goods must comply to a sample. |
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Pignataro v Gilroy |
If there has been a delay in the delivery of the goods and the delay is the fault of one of the parties the risk lies with the party at fault to the extent to which loss arose from the fault. |
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Archivent v Strathclyde RC |
A buyer can get good title in goods when he buys them in good faith even where the seller does not have good title because of a retention of title clause. |
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O'Farrell v Moroney |
Falconry case. Using the falcon in a way he was told not to and killing it was held to be inconsistent with the ownership of the seller and therefore the buyer had accepted the goods. |
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J & H Richie Ltd v Lloyd Ltd |
When a seller has to make repairs to a buyers goods before acceptance the buyer must be given details of these repairs so as to make an evalutation as to whether he is willing to accept the goods. |
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ADTLtd v BDO Binder Hamlyn |
Illustrates joint and several liability of partnerships with regards to accountancy firm where all partners had to pay out for a partners cock-up. |
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Khan and Anr. v Miah and Anr |
A partnership does not actually begin until the partners begin to run a business together with the view of making a profit. |
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Fortune v Young |
Recommendation for someone taking a tenancy for a flat was not considered to bind the firm even though it was written on headed notepaper. |
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Mercantile Credit Co. Ltd v Garrod |
If a third party dealing with a parter has no reason to believe that partner does not have the correct authority for their deal then the firm shall be held liable. |
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Dubai Aluminium Co Ltd v Salaam |
Greatly extended the scope of 'in the course of business' with regards to partnership vicarious liability. Was found the firm was liable where a parter had been creating false documents to commit a fraud. Because creating these documents correctly was in the course of business so to was creating them fraudulently. |
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Pillans Bros. v Pillans |
Partners must not privately compete with their partnership. |
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Finlayson v Turnbull |
Partners have a fiduciary duty towards eachother and must act in good faith towards eachother. |
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Liandu v Go Debt Ltd |
It is possible for the court to recall an award of sequestration if there have been defects in the procedure leading up to the award. |
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AiB v Halifax plc |
Post sequestration capital assets (aquirenda) must be transferred to the trustee. |
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Short’s Tr. v Chung |
Details having a gratuitous alienation reduced. |
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Lombardi's Tr. v. Lombardi |
A gratuitous alienation will not be reduced if at the time of the alienation the debtor was solvent. |
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Balcraig House’s Trustee v Roosevelt Property Services Ltd |
A transaction was reduced where it gave preference to a creditor before sequestration by giving that creditor security over a hotels moveable assets. |
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NordicTravel Ltd v ScotprintLtd |
Defines collusion as a fraudulent design to cheat other creditors. |
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Smith v Bank of Scotland |
Said a bank would have to explain to a spouse the significance of signing a guarantee. |
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Royal Bank of Scotland v Wilson |
The only grounds on which a guarantee can be reduced are misrepresentation or undue influence. |
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Ahmed v Clydesdale Bank plc |
The idea of not understanding a guarantee does not allow you to 'wiggle out' of that guarantee. |
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Cooper v Bank of Scotland and Cooper |
The creditors could not rely on a guarantee because there was evidence that the guarantor had not known what it was she was signing. |
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Stirling v Norwest Holst Ltd |
Application of the contra proferentem rule with regards to a guarantee. |
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TheRoyal Bank of Scotland v Carlyle |
An oral representation can be automatically incorporated into a loan agreement. |
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RoyalBank of Scotland v Ranken |
A material misrepresentation which induces the guarantor into the guarantee will cause the guarantee to be held as void. |
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Young v Clydesdale Bank |
It is the duty of a guarantor to find out the creditability of the debtor. |
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Smithy'sPlace Ltd v Blackadder andMcMonagle |
After paying under a guarantee you can claim your money back from the debtor if they have it. |
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Thow’s Tr. v Young |
Once a guarantee has been used the creditor should assign any rights he has against the creditor to the guarantor. |
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West Lothian Oil Co Ltd v Mair |
When giving a pledged asset to the creditor would be difficult it can be locked up on the debtors property and the creditor can be given the key. |