Course Work in Introduction to Business Law

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Case of Archbolds (Freightage) Ltd. V S. Spanglett Ltd. Randall {1961} 1 QB 374

The decision of the case of ‘Archbolds (Freightage) Ltd. v S. Spanglett Ltd. Randall [1961] 1 QB 374’ was made by the Court of Appeal

The Judges who decided this case were Sellers, Pearce and Devlin L.JJ.

The case was heard on 4th, 7th and 8th of November and 15th of December 1960.

S. Spanglett Ltd were a Furniture manufacturers in London

The key facts relating to Archbolds (Freightage) Ltd’s claim were:
The defendants were Furniture manufacturers in London and owned a number of vans with ‘C’ licences, which did not allow them to carry for reward the goods of others.
The plaintiffs were carriers with offices in London and Leeds and their
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There was a can of lighter fuel in the rear of the car, left by Mr Penniel, which had leaked inflammable gas into the inside of the car.
The driver (Mr Penniel) entered the car and before driving off lit a cigarette.
The gas was thereby ignited and Cutter sustained injury.
The plaintiff claimed and was awarded damages and costs against Mr Penniel. But the judgment was not satisfied. The plaintiff therefore claimed against the insurers for the outstanding sum of pounds 15,575.54. The judge dismissed the claim on the ground that the accident had not occurred on a road.

The defendants appeal against the decisions of the Court of Appeal was based on the grounds that the car in which the plaintiff was injured was not at the time of the accident being used on a road.

Interpretation:

i. Lord Clyde uses the ‘Purposive approach’ rather than the ‘Literal approach’ when deciding the case.

References

STATUTORY INSTRUMENTS.(2000), Retrieved April, 9, 2009 from http://www.egos.co.uk/legislation/Consumer_Protection__Distance_Selling_regs_2000_as_amended.pdf Statutory Instrument 2000 No. 2334 (2000), Retrieved April, 9, 2009 from http://www.opsi.gov.uk/si/si2000/20002334.htm SALE OF GOODS ACT 1979 (2003), Retrieved

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