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Questions tagged [england-and-wales]

Questions specific to England and Wales

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2answers
113 views

Cleaner leaving defamatory messages on fridge - is this a crime?

Come across a situation with a friend of mine which I'm not sure is actually illegal or just really bad practice, they live in university accommodation and while all residents are out one of the staff/...
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0answers
13 views

Where would King's Norton Metal Co v Edridge Merrett & Co [1897] fall, under the minority decision in Shogun Finance Ltd v Hudson (2002)?

Where would King's Norton Metal Co v Edridge Merrett & Co [1897] 14 TLR 98 fit in the red branch or columns, under the Minority's decision? The author mentioned it on the left in green, but not ...
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0answers
11 views

Where would Boulton v Jones (1857) fall, under the minority decision in Shogun Finance Ltd v Hudson (2002)?

Where would Boulton v Jones (1857) 2 H & N 564 fit in the red branch or columns, under the Minority's decision? The author mentioned it on the left in green, but not on the right in red. ...
1
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1answer
82 views

If you paid $2.5 for a car that's worth $3 if of the age represented, why would you get (1) an award or (2) loss of bargain damages?

I don't grok the emboldened hypothetical. I simplified the math in the title; dividing prices by 1000 doesn't transmogrify factual pattern. If car = 3K if of the age repesented, then Alex got a ...
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7 views

What pre-conditioned UTCCR 1999's operation, no longer applicable under CRA 2015, rather than be one of the criteria for a particular s.'s operation?

What does "it" refer to? What is "this precondition"? Prof Richard Taylor, Damian Taylor. Contract Law Directions (6 edn, 2019). p 125. 6.6.2 Case law under the UTCCR In order to understand ...
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34 views

Why's it rare for an apparently insignificant term (perhaps labelled as a warranty) to be breached so as to exceptionally cause fateful consequences?

I don't agree with authors below on such factual situations being "probably quite rare"? Did I misapprehend something? I'm thinking of a David-and-Goliath factual pattern, where an airline expressly ...
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1answer
49 views

In Felthouse v Bindley (1862), why didn't the nephew claim?

Prof Richard Taylor, Damian Taylor. Contract Law Directions (6 edn, 2019). p 41. Kindly see the last sentence, emboldened, at the bottom. Acceptance by silence The law often makes a ...
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2answers
63 views

Why didn't Carbolic Smoke Ball Co dispute Ms Carlill's alleged proper use of their smoke ball?

In the first-instance judgment [1892] 2 Q.B. 484, Hawkins J wrote "The facts not being in dispute." But how could've Carbolic Smoke Ball Co trusted Ms Carlill's proper use? Perhaps she misused it, or ...
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0answers
39 views

What does “preferment” mean in s 6(4) of the Criminal Law Act 1967?

Herring. Criminal Law: Text, Cases, and Materials (8 edn, 2018). p. 764 last para. Is it possible to convict of an attempt if the attempt was successful? Is it a defence to a charge of attempt ...
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1answer
85 views

If victim consented to sex, then attempted rapist regards plan as failed. Why “[o]nly the most sadistic rapist would have that state of mind”?

Questions I don't ken the two sentences emboldened in below quote. Why "That will be very hard to prove"? If "victim did consent", then there's no rape. I agree it's debauched and sadistic to ...
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29 views

Why isn't drunken mistake distinguished, and divided into involuntary and voluntary?

Herring. Criminal Law: Text, Cases, and Materials (8 edn, 2018). pp. 679-681. Herring moots "drunken mistake" beneath marked by my red stars, but he never distinguishes between involuntary and ...
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1answer
46 views

If the evidential onus is shifted to the defendant to displace the complainant's evidential inference; how isn't the burden of proof reversed?

Mindy Chen-Wishart. Contract Law (2018 6 edn). p 349. Kindly see the red underline. How can the 'shift of the evidential onus to the defendant to displace the evidential inference raised by ...
2
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2answers
47 views

Why would contractual damages be superior to returning defective items?

Mindy Chen-Wishart. Contract Law (2018 6 edn). Scanned p 225. Where the claimant refuses to continue with the contract, the court must decide whether this amounts to rescission (limiting her to ...
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6 views

Why must fully vs. partially enforceable promises be immediately divided?

Please see green underline. Mindy Chen-Wishart. Contract Law (2018 6 edn). p 143.
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0answers
8 views

What means it to divorce enforcement from exchange? Why isn't the proper remedial response obvious?

What do the 1. red and 2. purple underlines mean? Thanks. Mindy Chen-Wishart. Contract Law (2018 6 edn). p 143.
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1answer
13 views

Why can the right obtained by giving nominal consideration be less secure, if not negated?

Mindy Chen-Wishart. Contract Law (2018 6 edn). p 121. I read Law of Property Act 1925 s(205)(1)(xxi) quoted, but still don't understand (ii). (xxi) “Purchaser” means a purchaser in good faith for ...
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1answer
11 views

How'd parties 'negotiate around the remedy' to 'share the profits (or savings) from breach rather than allow the contract breaker total retention'?

Mindy Chen-Wishart. Contract Law (2018 6 edn). p 24. I don't understand the red sentence. Kindly can someone expatiate it? or give an example with numbers?
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1answer
95 views

What meant LJ Denning by “ample content can be given to the notice”?

O'Sullivan & Hilliard's The Law of Contract (2018 8 ed). p. 200. Click here to download judgment. Wikipedia quotes the germane para. In cases where it is clearly a common inn or, indeed, ...
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2answers
62 views

privacy and (proxy) voting

X and Y are entitled to vote at a UK company's general meeting. Proxies are allowed and instructions are to be notified to the company office in advance of the meeting. Votes at the meeting are to be ...
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3answers
59 views

Is the description given in sales material for a house binding in the UK?

My partner is currently purchasing a property in England. In the report returned by the solicitor upon completing the searches, it is indicated that the shed and greenhouse are not included in the ...
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14 views

Terms and Conditions between Company & Customer following aquisition [duplicate]

Where a Company (Company A) has been acquired by a new Company (Company B), what happens to Company A's customers contracts in regards the terms and conditions that the customer signed. I am ...
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0answers
47 views

Can a company's advertising slogan undermine their own trademark protection?

Growing up in the 70s in the UK, a common brand of glue was UHU®1, and, at least at the time2, this was often advertised with the slogan "Don't say glue, say UHU". If the phrase "Don't say glue, say ...
1
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1answer
56 views

Are intellectual property indemnity clause, which requires the employee to indemnify the employer, enforceable?

Jurisdiction is England (UK), and it's a clause in an employment contract (permanent). The following question has been posted on reddit, and I happen to be on the same boat. I've been offered a ...
2
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2answers
199 views

Is it legal for restaurants to use fish in their vegetarian meals?

For many years, I've had to avoid Chinese restaurants and take-aways purely because they sell "vegetarian" choices which contain fish sauce, prawns, squid etc. I appreciate that there is a cultural ...
2
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1answer
44 views

reduce into possession

'reduced into possession' isn't just worded for animals. 'reduce' here doesn't feel like ordinary meaning. What does it mean? I quote Etymonline because legalese can deceivingly use common words ...
1
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3answers
153 views

s 4(3) Theft Act 1968 — Why is picking wild produce on another person's land not theft?

I don't understand this law. Surmise that a wild berry shrub grows on my back yard that's unfenced. I don't cultivate it or do anything – no watering. I invite my piano student to my house – thus no ...
1
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1answer
41 views

Offences Against the Person Act 1861 — How is Section 18 , in at least one respect broader than Section 20?

I don't understand the bold text in the OATPA 1861. How is s. 18 "in at least one respect, broader than section 20"? Are there more respects than just "one respect"? How many exactly? What are they? ...
1
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1answer
61 views

‘I will beat you up next week’ — Why aren't threats to be violent in the distant future assault?

Herring, Criminal Law: Text, Cases, and Materials (8 edn, 2018). p. 75 What does ‘imminent’ mean? The victim’s apprehension must be of imminent harm. It is well established that a threat to be ...
2
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3answers
116 views

What is the penalty if the British Prime Minister does not seek an Article 50 extension?

The recently-passed European Union (Withdrawal) (No. 2) Act 2019 (a.k.a. the Benn Act or the Surrender Act, depending on one's politics) seems to be unprecedented in that it creates a legal obligation ...
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1answer
81 views

Is it legal in England to use adjacent road to move building materials to your property?

I'm in this situation. Builders coming to my street (small cul-de-sac) to move bulky building materials to a property that is located on neighbouring street and its garden backs onto my street. They ...
26
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6answers
15k views

As an employer, can I compel my employees to vote?

Obviously an employer absolutely can't require employees to vote for any particular candidate (or even to vote for any candidate rather than spoiling their ballot), but if it was included as a clause ...
4
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3answers
174 views

Can a company insist that contract terminations be done over the phone?

This article in The Guardian says: Virgin Media is one of those companies – Sky is another – that insist customers terminate their contracts verbally, rather than by email or letter. It is very ...
3
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0answers
74 views

Can organisations like Extinction Rebellion be sued for costs incurred as a result of them protesting?

If an organisation like ER or specific others are planning to disrupt the airport's operation (re https://www.bbc.co.uk/news/uk-england-london-49509852) and that incurs me financial costs as I may ...
11
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2answers
2k views

Land Registry Clause

I'm trying to understand a clause in a registry of land to determine the owner of an access way. The clause is for property 9. "Except and reserving to the Transferor a right of way on foot only over ...
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1answer
50 views

Obtaining an address for servicing notices from my ex landlord

I will be suing my landlord about a week or 2 after I leave, and I am wondering if, from a legal perspective, I can still use the same address for servicing of documents & notices, as on our ...
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1answer
80 views

“if the defendant had acted as he ought, the victim would not have suffered” vs. “there's evidence that the victim might not have suffered the harm”

I don't understand the distinctions between the two clauses. Doesn't 42.2 encompass 42.1? Isn't 42.2 broader? Doesn't 42.1 automatically imply 42.2? Isn't "the defendant had acted as he ought" "...
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1answer
28 views

Is it mandatory for Evidential Test results to be published in the Prosecution Case File?

In harassment cases in England a prescribed Evidential Test must be performed on the prosecution case before deciding to prosecute , as part of the Prosecutor's Code . Logically , the Test results ...
8
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3answers
355 views

Are any British or English Acts of Parliament still in force in the United States?

In Australia, which has a very close legal history with the United Kingdom (diverging completely only as late as 1986), some Acts (or part thereof) of the UK Parliament (and its antecedents, the ...
2
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1answer
55 views

What does “possible” mean in this compensation context?

This article is titled "Paddington station: Commuter gets £27k for 'possible pigeon poo slip'". Later in the article is say the compensation was payed out after "possibly slipping". Finally, it ...
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0answers
25 views

Claiming costs if a faulty product causes property damage

I received a faulty sports product which broke during first use. The breakage was caused by incorrect fasteners being supplied with the product. The incident in question caused significant damage to ...
4
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1answer
61 views

At what point could courts in England no longer legally create new Common Law offenses?

Common Law offenses, of course, were crimes created solely through case law rather than statute. At what point was the legal authority of courts in England to create new Common Law offenses abolished?...
4
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1answer
284 views

Claiming statutory warranty for a fault that resulted in the loss of the product

I recently experienced a failure on a rather expensive piece of sport equipment upon its first use. I purchased the product in the UK and experienced the failure in the UK, 2 weeks after purchase. I ...
1
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1answer
159 views

Can the deliberate withholding of sex constitute coercive and controlling behaviour under English & Welsh law?

First I should clarify that this question is (fortunately) entirely hypothetical and academic, so please don't worry about me (I'm fine). I am trying to figure out a seeming conflict in the broad ...
0
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1answer
70 views

Correct way to ask written questions of an expert witness

I am the defendant in a case and the claimant has submitted evidence from an expert witness. I have been told I have the ability to question the expert witness in writing. What is the appropriate way ...
0
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1answer
44 views

Do local authorities require planning permission?

Are local authorities required to make planning applications in similar ways to private individuals/companies when making changes to city infrastructure? Recently my local council have removed a lay-...
1
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0answers
16 views

How long is a Divorce Financial Settlement kept by the registrar of a local UK county court

I have a stamped divorce financial settlement document that was lodged with a UK local county court in 1990 - is a record of this still being held at the county court?
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3answers
144 views

Legal options for someone going through my bank statements

So I live at home with my mother and brother. I pay rent, comparatively not much but the amount was agreed upon. The other day I got home from work to find out she had not only gone through my bedroom ...
1
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2answers
86 views

Is there a limit to how much a landlord can charge for cleaning fees? (England)

My friend lives in atrocious conditions in social housing. The conditions are tenant inflicted and cover pet faeces on the floor, fly infestations, blocked up plumbing etc. My friend is moving house ...
3
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1answer
46 views

Capping your claim in an English small claims court?

From what I understand, in English small claims courts the maximum claim is £10,000. Above this amount, the case needs to go through a different track. If you are technically owed a greater sum than ...
-2
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1answer
38 views

To evade the penalty rule, how can penalties be redrafted into primary terms to make the event that triggers payment not a breach? [closed]

Mindy Chen-Wishart. Contract Law (2018 6 edn). p 568. Kindly see the red underline.