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
The Council commenced proceedings in the Land and Environment Court, however they were dismissed by Lloyd J on February16 2005 for want of prosecution [5].
The Court ruled in favor of the appellant, and the decision is described as follows:
The appellate court reversed the rule by the trial court concluding that Plaintiff fraudulently induced Iva
Conversely, other judges have found the judgement in Consul Development v DPC to be inconclusive, adopting a narrow interpretation of the judgement of Stephen J and restricting the requisite knowledge only to the first three categories of the Baden scale. This tendency toward a narrow approach increased following the decision in Royal Brunei Airlines Sdn Bhd v Tan (‘Royal Brunei’) as courts attempted to reconcile the UK and Australian lines of authority. However in other cases, such as Gertsch v Atsas it was held that that the acceptance of the first four Baden categories was synonymous with accepting a standard of honesty.
1. What are the different types of courts established under the State of California’s Constitution? What section of the State of California’s Constitution establishes the courts? What types of jurisdiction do each of these courts have? Thoroughly define each type of jurisdiction under each court and explain why each court has each type of jurisdiction.
The pictures of the tire show a .6 inch wide cut through the serial side upper wall. Firestone's expert, Mr. Joe Grant opined that the tire was probably cut by a road hazard which caused the tire to run flat. Additionally, Mr. Grant stated that, along with other physical findings, the 360 detachment of the tread is evidence of a tire being run with little or no inflation pressure. Under the circumstances of this case, the Plaintiffs must not only show the product was unreasonably dangerous, but they must exclude other plausible causes of the accident with a fair amount of certainty. Thus, because the Plaintiffs cannot demonstrate that a characteristic of the tire, which caused it to be unreasonably dangerous, caused their damage, the Plaintiffs' LPLA claim should be
A fixture is defined as an asset that is fixed or installed to land or building so as to become a fundamental part of that land or building. An item is deemed to be fixed to property or building if it is permanently attached to the structure using bolts, screws, nails, or cement. Fixtures are intended to serve a particular purpose. For example, shelves are fixtures intended to assist with proper arrangements of items in a shop (Aalberts, 2015). In the case of Goodprice Pty Ltd, the new extractor fans to be installed by the tenant in his restaurant would be considered as fixtures. The fans would be fixed on the ceiling, possibly with the help of bolts and screws. Besides, they would have a purpose: to prevent the ceiling from smoke damage. Their removal might also damage the ceiling, which is part of the building (Beaty, Samuelson and Bredeson, 2013).
Regina v. G and another (Appellants) (On Appeal form the Court of Appeal (Criminal Division))
This course introduces the rules of law that are associated with corporations and business situations. Students examine topics including transactions, contracts, employment, sales, agencies, and insurance. Students will apply theses topics with mock case studies. A real world civil court case is examined and discussed throughout the course. Guest speakers from multiple local firms, banks, and business are evaluated. Students will have the opportunity to participate in our schools’ mock trial team. Strong writing skills are encouraged, but not required.
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evidence with regard to the issue. The Supreme Court believed the respondent was denied due
In contrast to the literal approach, the purposive approach strays from the ordinary meaning of a statute and bases its verdict upon what is believed to be
The courts had ruled that the goods could be rejected because they did not match their description. In addition, in the case of Clegg v Anderson (2003), the claimant had bought a new yacht which had a shoal drought keel ‘in accordance with the manufacturer’s standard specification’. Upon it being delivered the claimant was informed that the yacht’s keel was heavier than the manufacturer’s specification. The courts held that there was a breach of contract because of the overweight keel, and the effect it had on safety. In relation to Joe’s case, there was a breach of contract because the lack of space for the courier vans would be a disruption to Joe’s business as he would have to find addition van space.
In the article of court case Road and Traffic Authority (RTA) vs Mr Dederer (Plaintiff)-