The Stack Overflow podcast is back! Listen to an interview with our new CEO.

Questions tagged [england-and-wales]

Questions specific to England and Wales

Filter by
Sorted by
Tagged with
1
vote
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
vote
1answer
54 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
votes
2answers
194 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
votes
1answer
36 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
vote
3answers
127 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 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 ...
1
vote
1answer
29 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
votes
0answers
7 views

Offences Against the Person Act 1861 — How's s 47 “in at least one respect, the narrowest offence of” ss 18, 20, 47? [duplicate]

I don't ken the emboldening. Here's the OATPA 1861. How's s.47 "in at least one respect, the narrowest offence of" ss. 18, 20, 47? Are there more respects than just "one respect"? How many exactly? ...
-1
votes
0answers
27 views

How does 'assault' mean 'assault or battery'?

Herring, Criminal Law: Text, Cases, and Materials (8 edn, 2018). p. 320. The quote of s. 57 below accurately just annunciates "assault" (green). Thus was author wrong to write "assault or battery" (...
1
vote
1answer
51 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
votes
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 ...
0
votes
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
votes
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
votes
3answers
169 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
votes
0answers
71 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
votes
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 ...
0
votes
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 ...
0
votes
1answer
70 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" "...
0
votes
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
votes
3answers
347 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
votes
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 ...
0
votes
0answers
23 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
votes
1answer
56 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
votes
1answer
280 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
vote
1answer
150 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
votes
1answer
69 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
votes
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-...
0
votes
0answers
15 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?
0
votes
3answers
142 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
vote
2answers
84 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
votes
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
votes
1answer
35 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.
0
votes
0answers
59 views

How can one gain access to isolated pockets of open access land?

What rights do members of the public have to access isolated areas of open access land, if any at all? That is to say areas of access land which are (i) not crossed by and do not adjoin any public ...
1
vote
0answers
40 views

To businesses using Condition 8, why are the outcomes in Phillips Products v Hyland and Thompson v Lohan inconsistent?

The two cases are Phillips Products Ltd v Hyland and Hamstead Plant Hire Co Ltd [1984] EWCA Civ 5 and Thompson v T Lohan (Plant Hire) Ltd [1987] 2 All ER 631. Condition 8 was the same in both, and ...
1
vote
0answers
16 views

Why could Change of Position 'logically allow lenders to retain a charge for the sum lent to debtors in reliance on the guarantee's enforceability'?

Mindy Chen-Wishart. Contract Law (2018 6 edn). p 359-360. Howes Percival LLP Partner Geraint Davies Manchester Polytechnic (1988 LLB), Guildford College of Law (LSF 1989). outlined (the defence ...
1
vote
0answers
149 views

Why could the ‘but for’ tests swallow up virtually all duty-defining clauses?

Mindy Chen-Wishart. Contract Law (2018 6 edn). p 432. Kindly can someone expatiate the red underline? green underline? In the green underline, what do 'the parties' normative rights and ...
1
vote
2answers
59 views

How's a “mere failure to perform future obligations” equivocal and equally consistent with not exercising the right to repudiate the contract?

O'Sullivan & Hilliard's The Law of Contract (2018 8 ed). p. 376. 15.54 Acceptance of a repudiatory breach must be clear and unequivocal, but need not be by express words. As the court said in ...
2
votes
1answer
68 views

How does the first limb of the McRae test make the second limb unnecessary?

O'Sullivan & Hilliard's The Law of Contract (2018 8 ed). p. 312. The green (party's believing a mistaken unreasonable belief) obviously can be distinguished from the red (about causation). ...
1
vote
1answer
32 views

What “former requirement” certainly has no place in estoppel?

Screenshot on the left: O'Sullivan & Hilliard's The Law of Contract (2018 8 ed). p. 328. Right: Paul Davies. JC Smith's The Law of Contract (2018 2 ed). p. 466. To what does the red underline ...
2
votes
1answer
50 views

Why's it “strange” for a judge to impose voidness on a guarantee?

O'Sullivan & Hilliard's The Law of Contract (2018 8 ed). p. 200. I don't understand the red sentence underlined in red. Isn't it gainsaid by the orange underlines beneath? I understand the ...
0
votes
0answers
105 views

Why's it “not strictly true” that an act, done before promising to pay or confer some other benefit, can sometimes be consideration for the promise?

Paul Davies. JC Smith's The Law of Contract (2018 2 ed). pp. 77-78. This post's title is based on the teal sentence marked by the red triangle (▲). How isn't (▲) fulfilled by the two cases ...
1
vote
1answer
41 views

Why ought a third-party promisee to a contract make his claim in the alternative?

Paul Davies. JC Smith's The Law of Contract (2018 2 ed). p. 135. How's the red underline true? How's "third parties" ambiguous? The textbook refers to the Introduction that doesn't define "third ...
-1
votes
1answer
42 views

“It makes sense for the promisor to request, as the price of his promise, that the other party should benefit some third party”?

O'Sullivan & Hilliard's The Law of Contract (2018 8 ed). p. 93. Can 'the other party' (underlined in red) be interchanged with 'promisee' here?
2
votes
1answer
130 views

Why couldn't the Ministry of Defence fetter its public law powers by promising not to transfer a SAS soldier?

O'Sullivan & Hilliard's The Law of Contract (2018 8 ed). p. 98. The red underlines fit para. 31 of the judgment: In the present case the price for which R's promise was bought was the ...
2
votes
1answer
71 views

What's the antecedent of “it”? “A’s promise is only good consideration for B’s because the law regards it as enforceable and therefore of value”

O'Sullivan & Hilliard's The Law of Contract (2018 8 ed). p. 90. 5.5 Better still, keep in mind some common examples of consideration in practice: •  Simultaneous contract and performance, ...
0
votes
1answer
63 views

Why'd a claimant be allowed to recover deposit if it acts in bad faith, when a contract obligated good faith and reasonable endeavour?

O'Sullivan & Hilliard's The Law of Contract (Core Texts Series) (2018 8 ed). p. 83 4.29 A similar issue arose in a slightly different way in Shaker v Vistajet Group Holding SA (2012). There, ...
0
votes
1answer
71 views

Neighbour has extended over the boundary of a potential house I was looking to buy [closed]

So having initially looked at a house I found that everything was in good order and the seller seem genuine in respect everything being able to answer my question and to provide the relevant documents ...
2
votes
0answers
23 views

Which 'condition' fits “‘basis’ or condition on which the benefit was transferred”?

Paul Davies. JC Smith's The Law of Contract (2018 2 ed). p. 465 Which of these three homonyms fit the 'condition' colored in green beneath? p. 449.
2
votes
2answers
99 views

How does a 'covenant' differ from a [1] 'promise' [2] 'contract'?

I'm discombublated why none of my contract law textbooks define 'covenant' when they use it many times, including Anson's Law of Contract (2016 30 ed) and Contract Law: Text, Cases, and Materials (...
1
vote
2answers
82 views

Why 'representation or warranty', not 'representation or condition'?

Why's "warranty" coupled with "representation", not 'condition'? Context In Canadian and English law, representations differ from warranties1. Thus they aren't doublets, as Ashurst's ...
2
votes
1answer
61 views

“so long as you remain unmarried”: Why a gratuitous promise in one fact pattern, but a contractual offer in another?

Paul Davies. JC Smith's The Law of Contract (2018 2 ed). pp. 75-76. Can the two hypotheticals (orange and red) be distinguished? Why's the red a gratuitous promise but the orange an offer to ...