The Cambridge Law Journal: Volume 6 -

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 6 - November 1938

Notes on Recent Cases

Contract—Mistake as to Existence of Agreement held to be Mistake or Fact, not of Law—Company Held Entitled to Rely on Mistake by One Agent as to Facts Known to Another Agent—Statute of Limitations Held to Run from Time of Mistaken Payment.

Contract—Frustration of Charterparty—Repudiation of Contract Due to Default of Repudiating Party Held Not to be Frustration

Contract—Public Policy—Agreement not to Disclose a Fraud Committed against One of the Parties—Hindering Prosecution of Crime.

Contract—Illegality—Promise by Married Man to Unmarried Woman to Marry on His Obtaining a Decree of Nullity—Semble, Agreement Void as Contrary to Public Policy—Tort—Deceit—Semble, No Action Because Promisee a Party to Immoral Cohabitation

Contract—Personal Service—Injunction—Film Artist—Covenant not to Perform for Others Upheld by Injunction—Damages as Alternative Remedy Held to be Inappropriate

Contract—Breach of Promise—Promise to Marry Pending Decree Nisi Held Void as Contrary to Public Policy

Contract—Public Policy—Life Insurance—Suicide while of Sound Mind—Felony—Public Policy—Administratrix not Entitled to Recover Policy Moneys

Criminal Law—Defamatory Libel—Trivial Libel Unlikely to Disturb Peace, or Seriously to Reflect on Character, Ought not to be Prosecuted—Prosecution Need not Prove Prosecutor Unusually Likely to be Provoked

Criminal Law—Evidence—Similar Acts by Prisoner—Murder—Deliberate Knocking Down of Woman by Motor Car—Similar Attacks on Other Persons—Admissibility

Contract—Master and Servant—Implied Obligation of a Servant to Serve His Master with Fidelity—Soliciting Custom From Master's Customers Held to be a Breach of This Obligation Although Transfer to Take Effect Only After Termination of Employment

Contract—Public Policy—Promise by Married Man, against whom Decree Nisi Obtained by Wife, to Marry Third Party—Held: Promise not Contrary to Public Policy

Contract — Sale of Goods — Written Contract — Oral Agreement Extending and Postponing Period of Delivery — Held: the Variation was a Mere Voluntary Forbearance and not a New Contract

Contract—Option to Extend on Terms to be Subsequently Agreed Held too Vague to be Enforceable—Mutual Mistake of Law Does Not Vitiate a Contract

Real Property—Restrictive Covenants—No Building Scheme—Covenant with Assigns of Vendors under a Prior Conveyance—Effect of Law of Property Act, 1925, s. 56

Contract—Sale of Goods Act, 1893, s 4—Commission to Paint Portrait is Contract for Work and Labour

Criminal Law — Evidence — Admissibility of Evidence which not Merely Impugned the Credit of Crown Witnesses but also Formed the Pith of Prisoner's Defence

Real Property—Restrictive Covenants—No Building Scheme—Benefit of Covenants—Subsequent Purchaser of Part of Land Retained

Sale of Goods—Sale of Goods Act, 1893—Passing of Property

Criminal Law—Mens Rea—Killing a House Pigeon—‘Unlawfully and Wilfully Kill’—Larceny Act, 1861, s. 23—Honest Belief that Bird was a Wild Pigeon—Apprehension of Damage to Crops—Neither of these Held to be a Defence

Criminal Law—Manslaughter—Death Caused through Dangerous Driving of Motor Car—Degree of Negligence not Necessarily the Same as that for Dangerous Driving under Road Traffic Acts

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Volume 6 - November 1938

Notes on Recent Cases