The Cambridge Law Journal: Volume 7 -

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 - March 1939

Notes on Recent Cases

Contract—Sale of goods—Stipulation that balance of price ‘can be had on hire-purchase terms over a period of two years’—Held, too vague to constitute contract

Personal Property—Innkeeper—Liability for Loss of Guest's Property by Theft—Question of Guest's Negligence

Constitutional Law—Colony Acquired by Voluntary Cession—Grant of Representative Institutions to Colony by Letters Patent— Crown's Prerogative to Legislate Thereafter Held to be Reserved

Criminal law—‘Criminal cause or matter’—Petition to the Army Council to mitigate, remit, or commute sentence of court-martial held to be a ‘criminal cause or matter’

Tort—Alleged Inducement to Break Contract—Alleged Conspiracy to that End—Honest Mistake on Part of Defendants—Whether Proof of Damage is Required

Criminal law—Separate trials—Necessary only when essential part of one prisoner's defence attacks co-prisoner—Discretion of judge—Corroboration—Warning not required when prisoner, giving evidence on his own behalf, implicates co-prisoner

Contract—Frustration—Long Interruption of Performance of Contract, which in Effect makes it a Different Contract — Event Causing Destruction in Contemplation of Parties—Contract Void for Frustration

Tort—Dangerous Chattel—Thing Dangerous in Itself—Sale of ‘Safety’ Pistol and Blank Ammunition to Boy Aged Twelve—Duty to Warn Purchaser or Refrain from Sale—Injury to Bystander—Liability of Seller—Firearms Act, 1937

Contract—Illegality—Cheque Given for Gambling Debt Dishonoured—New—Promise by Debtor to Pay Provided Creditor Refrained from Suing Him—Held, no Consideration for Promise

International law—Diplomatic immunity of foreign military attaché—Diplomatic Privileges Act, 1708 (7 Anne, c. 12), s. 3, held to be merely declaratory of the common law

Tort—Dangerous Premises—Landlord and Tenant—Landlord Liable for Repair—Want of Repair—Knowledge of Landlord—Collapse of House on to Adjoining Premises

Tort—Defamation—Libel—Two Persons of Same Name—Whether Statement True of One is Reasonably Referable to Other—Absence of Negligence no Defence

Real property—Mortgage—Demise for long term—Repayment spread over forty years—Held, the mortgage was a ‘debenture’ within Companies act, 1929, and that the rule against perpetuities does not apply to mortgages

Contract—Illegality—Public Policy — Life Insurance — Suicide of Insured while Sane — Administratrix Held not Entitled to Recover Policy Money

Tort—Defamation—Statment defamatory by reason of special facts—Sufficient to prove that persons who know these facts and to whom they are published might reasonably think them defamatory, even though they did not believe the imputation

Tort—Master and Servant—Accident in Coal Mine—Breach of Statutory Duty to Fence Dangerous Machinery—Contributory Negligence a Valid Defence—No Absolute Standard of Care

Contract—Restraint of Trade—Held, Implied Term of Contract that Invention or Discovery by Employee in Course of Employment Becomes Property of Employer

Contract—Writing Required by Law of Property Act, S. 40—Part Performance of Oral Contract — Purchaser in Possession as Tenant—Expenditure on Property—Acts Necessarily Referable to Contract—Law of Property Act, 1925 (15 Geo. 5, c. 20), s. 40.

Tort—Negligence—Shock to Relatives of Deceased Owing to Sight of Collision of Tram with Hearse—Apprehension of Injury to Human Beings not Essential

Tort—False imprisonment—detention of ship's steward on suspicion of customs offence—‘offender’ in Customs Consolidation Act, 1876, held to mean ‘actual offender’ and not merely one reasonably suspected to be an offender

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Volume 7 - March 1939

Notes on Recent Cases