The Cambridge Law Journal: Volume 7 - Issue 1

The Cambridge Law Journal

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The Cambridge Law Journal
ISSN: 0008-1973

EISSN: 1469-2139

URL: /core/journals/cambridge-law-journal
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Volume 7 - Issue 1 - March 1939

Notes on Recent Cases

Criminal Law—Demanding Money with Menaces with Intent to Steal the Same—“Steal”—Claim of Right made in Good Faith—Claim Unfounded in Law — Conviction Quashed — Larceny Act, 1916, ss. 1 (1), 30

Criminal Law—Evidence—False Pretences—System—Money Obtained on Earlier Occasion by Different Pretence—Evidence or Earlier Transaction Held Inadmissible

Mortgage—Principal to be Repaid by Instalments Over Period of Forty Years and Redemption Permissible Only at End of that Period—Held, Neither a Clog on the Equity nor an Infringement of the Rule Against Perpetuities

Personal Property—Bees are Animals Ferae Naturae Until Hived—Owner has no Right to Enter Another's Land in Pursuit of them Although they Remain his Property while in his Sight and Pursued by him

Real Property—Restrictive Covenant—Expressed to Benefit Unsold Part or Parts of Estate—Beneficial to Small Portion Only—Enforceability

Tort—Contributory Negligence—Collision Between Two Ships Each Guilty of Negligence—Negligence Held to be Simultaneous—Hence Doctrine of Last Clear Chance did not Apply—Damages Apportioned to Both

Tort—Landlord's Liability to Tenant for Tree Projecting from Landlord's Property

Tort—Malicious Prosecution—Reasonable and Probable Cause—Division of Functions Between Judge and Jury

Tort—Master and Servant—Common Employment—Implied Contract and what is Common Work

Tort—Negligence—Driver of Car under the Influence of Drink—Passenger Elects to Continue Journey, Knowing of Driver's Condition—Accident in which Passenger Injured—Volenti Non Fit Iniuria Held no Defence

Tort—Negligence—Pedestrian Crossing—Negligence of Pedestrian—Pedestrian Crossing Places (Traffic) Regulations, 1935, Regs. 3, 4

South Africa—Application of Criminal Law to Primitive People—How Far Belief in Witchcraft is ‘Extenuating Circumstance’ in Murder

Book Reviews

Personality in Roman Private Law. By P. W. Duff. Cambridge University Press. 1938. xiii and 241 pp. (15s.)

The Law of Negligence. By J. Charlesworth, LL.D., of Lincoln's Inn and the North-Eastern Circuit, Barrister-at-Law. London: Sweet & Maxwell, Ltd.1938. lxviii and 576 pp. (40s. net.)

Studies in the Glossators of the Roman Law. Newly Discovered Writings of the Twelfth Century. Edited and explained by Hermann Kantorowicz, with the collaboration of W. W. Buckland. Cambridge University Press. 1938. xviii and 323 pp. (30s. net.)

The Personality Conception of the Legal Entity. By A. Nékám. Harvard Studies in the Conflict of Laws, 3. Cambridge, Massachusetts: Harvard University Press. 1938. 131 pp. ($2.00.)

The Legal Aspect of Money. By F. A. Mann, LL.D. (London); Dr. Jur. (Berlin). Oxford University Press. 1938. xxv and 334 pp. (21s. net.)

Marine Policies. By William Henry Eldridge. Third edition. By Harry Atkins. London: Butterworth & Co. (Publishers), Ltd.1938. xlviii and 291 pp. (30s. net.)

The Law and the Constitution. Second edition. By DrW. Ivor Jennings. London: University of London Press, Ltd.1938. xviii and 322 pp. (7s. 6d.)

The Law of Mortgages. By DrH. G. Hanbury and C. H. M. Waldock. London: Stevens & Sons, Ltd. and Sweet & Maxwell, Ltd.1938. xl and 502 pp. (25s.)

The Cambridge Law Journal

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Volume 7 - Issue 1 - March 1939

Notes on Recent Cases

Book Reviews