Questions tagged [england-and-wales]

Questions specific to England and Wales

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If D leases a house to C for C's promise to renovate it personally, why can't D get specific performance of C's obligation?

Richard and Damian Taylor. Contract Law Directions (2019 7 ed). p 337. The question has arisen whether mutuality needs to have been present from the outset—from the time of entering into the ...
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2 answers
99 views

How can loss be difficult to quantify, but be a familiar type for which damages are frequently awarded?

Richard and Damian Taylor. Contract Law Directions (2019 7 ed). pp. 318-319. As to the application of the law to the facts of the case Lord Reed continued by saying, at paras [98]–[99]: I now ...
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In England & Wales, how much latitude is there in the phrase "at business premises" in VERA S.29(2C)?

In the Vehicle Excise and Registration Act 1994 (as amended), Section 29, Subsection 2C, an exception is made to the offence of using or keeping a vehicle which is unlicensed, "if the vehicle is kept ...
Sam_Butler's user avatar
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2 answers
230 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/...
Matthew Dove's user avatar
-1 votes
1 answer
532 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. ...
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2 answers
199 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 change factual pattern. If car = 3K if of the age repesented, then Alex got a bargain of ...
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212 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 distinction ...
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189 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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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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1 vote
1 answer
110 views

What does "forensic practicability" mean?

Herring. Criminal Law: Text, Cases, and Materials (8 edn, 2018). p. 728 last para.       By contrast with the House of Lords, the view taken here is that a conviction for a stigmatic offence is a ...
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2 votes
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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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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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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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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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2 answers
167 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 ...
jhnc's user avatar
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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 ...
Thomas's user avatar
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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 ...
TripeHound's user avatar
1 vote
1 answer
241 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 ...
BasilTomato's user avatar
2 votes
2 answers
554 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 ...
Patrick Morehead's user avatar
2 votes
1 answer
815 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 ...
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3 votes
3 answers
399 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 ...
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1 vote
1 answer
183 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? ...
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1 vote
1 answer
333 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 ...
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2 votes
3 answers
140 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 ...
08915bfe02's user avatar
0 votes
1 answer
114 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 ...
Stanley Jones's user avatar
25 votes
6 answers
16k 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 ...
Stephen's user avatar
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5 votes
3 answers
1k 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 ...
Paul Johnson's user avatar
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3 votes
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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 ...
nemethv's user avatar
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11 votes
2 answers
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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 ...
Jake's user avatar
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1 answer
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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 ...
Ashley's user avatar
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1 answer
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"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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0 votes
1 answer
34 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 ...
Geoffrey May's user avatar
8 votes
3 answers
1k 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 ...
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2 votes
1 answer
66 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 ...
TheAnonUK's user avatar
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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 ...
Gusdor's user avatar
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6 votes
1 answer
275 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?...
Robert Columbia's user avatar
4 votes
1 answer
317 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 ...
Gusdor's user avatar
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3 votes
1 answer
958 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 ...
hypotheticalquestionlaw's user avatar
1 vote
1 answer
206 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 ...
lemony9201's user avatar
0 votes
1 answer
77 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-...
Ty Hayes's user avatar
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0 votes
3 answers
225 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 ...
Cameron Burchnall's user avatar
1 vote
2 answers
168 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 ...
Bad_Bishop's user avatar
4 votes
2 answers
128 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 ...
Bilkokuya's user avatar
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2 votes
2 answers
805 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 ...
o.comp's user avatar
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1 answer
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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 of) ...
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1 vote
2 answers
178 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 ...
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2 votes
1 answer
149 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). ...
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-1 votes
1 answer
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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 ...
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2 votes
1 answer
79 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 ...
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1 vote
1 answer
69 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 ...
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