The Cambridge Law Journal: Volume 8 -

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 8 - November 1944

Notes on Recent Cases

Criminal law—felonious homicide—provocation—Circumstances in which, on trial for murder, jury should be directed to consider possibility of verdict of manslaughter—Chance medley and provocation distinguished

Criminal law—(a) Receiving stolen property—Possession of stolen Goods—Rendering assistance in disposal without actual possession — (b) Numerous counts against a number of prisoners—Separate trial

Lease—Inability to fulfil covenants owing to war conditions—Defence of frustration held inapplicable

International law—Diplomatic privilege of clerk at foreign embassy held to be capable of waiver by ambassador, and to have no extension for a reasonable period after dismissal of clerk

Personal property—Chose in action—Assignment of judgment debt— Priority as between equitable assignee and subsequent garnishor— Effective date of notice—Law of Property Act, 1925, s. 136

Tort—Master and servant—Negligence—Express Prohibition—Employer liable

Landlord and tenant—Lease—Covenant running with the land—Proviso for payment of £500 if lease not renewed—Assignee of reversion held not liable

Tort—Animals—Injury caused by cattle straying to the highway—Held, on the facts, there was no negligence

Tort—Dangerous structure—Liability of shipbuilders and independent contractors—Control as test of occupation

Tort—Animals—Negligence—Escape of steer on to Highway from pen provided by local authority at cattle market—No liability of local authority as market owner for injury to person by steer

Tort—Master and servant—Transfer of employee's Services—Employee delivering petrol—Smoking—Lighted match thrown on floor—Explosion—Held negligence in course of employment

Tort—Conspiracy—Combination with the predominant purpose of protecting the legitimate interests of the combiners—Held, not a tortious conspiracy

Tort—Defamation—Letter to paper bearing fictitious address—Defence of fair comment open to newspaper

Tort—Negligence of radiographer in professional duties—Liability of hospital as employer

Tort—Dangerous structure—Liability of landlord of premises to invitee or licensee for negligence of independent contractor

Tort—Negligence—Nervous shock—Held no duty on defendant to take care because shock was not reasonably to be anticipated

Tort—Master and servant—Common employment—Child invited to assist in work injured by negligence of an employee—Held: common employment did not apply

Tort—Defamation—Libel—Statutory duty—Qualified privilege arising from common interest—Report of committee to borough council, published by council in public libraries, held not to be privileged

Tort—Rule in Rylands v. Fletcher—Flooding from sprinkler system—Damage to lower part of same building—Knowledge of implied consent

Tort—Master and servant—Common employment—Test for determining extent of master's duty to provide safe system of working

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Volume 8 - November 1944

Notes on Recent Cases