Results: 24

• Windsor Education Board v Ford Motor Co Of Canada Ltd

  30 Jul 1941 [1941] AC 453, PC

  RATING — Canada (ontario) — Rating
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  Case index catchwords

  RATING — Canada (ontario) — Rating — Education — Assessment for separate schools purposes — Compliance with statutory requirements — Onus of proof — Separate Schools Act, R. S. O., 1937, c. 362, s. 66 — Construction.

  1 Statute considered

• International Railway Co v Niagara Parks Commission

  28 Apr 1941 [1941] AC 328, PC

  Subsequent citations: 7.
  CONTRACT — Canada (ontario) — Contract
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  Case index catchwords

  CONTRACT — Canada (ontario) — Contract — Principal and agent — Agent liable as well as principal — Crown — Agent — Description — Interest — Payment — Possession of subject-matter before payment of purchase price.

• Dairen Kisen Kabushiki Kaisha v Shiang Kee (Otherwise Known As The China Merchants Steam Navigation Co Ltd)

  20 May 1941 [1941] AC 373, PC

  COMPANY — Hong kong — Company
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  Case index catchwords

  COMPANY — Hong kong — Company — Foreign company — Branch in Colony — Dissolution of company in country of incorporation — Jurisdiction of Colonial Court to wind up branch — Companies Ordinance, No. 39 of 1932, s. 313, sub-ss. 1, 2.

  1 Statutory Instrument considered
• Benham v Gambling

  16 Dec 1940 [1941] AC 157, HL

  Subsequent considerations : 4 positive; 5 neutral; 2 negative. Subsequent citations: 17.
  DAMAGES — Negligence — Death of injured child
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  Case index catchwords

  DAMAGES — Negligence — Death of injured child — Shortening of expectation of life.
• Hoani Te Heuheu Tukino v Aotea District Maori Land Board

  03 Apr 1941 [1941] AC 308, PC

  Subsequent considerations : 1 positive. Subsequent citations: 11.
  LAND — New zealand — Native lands
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  Case index catchwords

  LAND — New zealand — Native lands — Legislation imposing a charge — Constitutional validity — Enforcement of treaty rights — Principle applicable — Court bound by legislative enactments — Treaty of Waitangi, 1840, arts. 1, 2 — New Zealand Constitution Act, 1852 (15 & 16 Vict. c. 72), s. 73 — Establishment and Government of Provinces in New Zealand Act, 1862 (25 & 26 Vict. c. 48), s. 8 — Native Purposes Act, 1935, of N. Z., s. 14.

  3 Statutes considered

• Potts v Hickman

  09 Dec 1940 [1941] AC 212, HL

  Subsequent citations: 3.
  LANDLORD AND TENANT — Arrears of rent — Distress for rates under justice's warrant
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  Case index catchwords

  LANDLORD AND TENANT — Arrears of rent — Distress for rates under justice's warrant — “Execution” — Priority — Landlord and Tenant Act, 1709 (8 Anne c. 14), s. 1 — Distress for Rates Act, 1840 (12 & 13 Vict. c. 14), s. 1.

  2 Statutes considered
• Canada Rice Mills Ltd v Union Marine and General Insurance Co Ltd

  24 Sep 1940 [1941] AC 55; 67 Ll L Rep 549; [1940 4 All ER 169, PC

  Subsequent considerations : 2 positive; 1 negative. Subsequent citations: 7.
  INSURANCE — Canada (british columbia) — Insurance (Marine)
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  Case index catchwords

  INSURANCE — Canada (british columbia) — Insurance (Marine) — Cargo of rice — Damaged by heat caused by closing of ventilation during voyage — Closing of ventilators the proximate cause of the damage — Weather and sea while ventilators closed such as to constitute a “peril of the sea” — Loss due to peril of the sea — Marine Insurance Act, R. S. B. C., 1936, c. 134, s. 57; Sched. Rule 7 — Inference of fact by Appeal Court — Rules of the Supreme Court, Order LVIII., r. 4.

  1 Statute considered

  1 Statutory Instrument considered
• East Suffolk Rivers Catchment Board v Kent

  09 Dec 1940 [1941] AC 74, HL

  Subsequent considerations : 3 positive; 2 neutral; 3 negative. Subsequent citations: 31.
  WATER — Land drainage — Breach in wall on bank of tidal river
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  Case index catchwords

  WATER — Land drainage — Breach in wall on bank of tidal river — Damage to adjoining pasture land by flooding — Catchment Board empowered but not obliged to repair breach — Repair undertaken but unnecessary delay in performance — Corresponding increase of damage to land — Liability of Board to landowner — Land Drainage Act, 1930 (20 & 21 Geo. 5, c. 44), ss. 34, 81.

  1 Statute considered

• Secretary Of State For India v Sardar Rustam Khan

  28 Apr 1941 [1941] AC 356, PC

  Subsequent citations: 2.
  INTERNATIONAL LAW — Treaty — Native State
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  Case index catchwords

  INTERNATIONAL LAW — Treaty — Native State — Cession of sovereign rights — Recognition of pre-treaty proprietorial rights in land — Principle applicable — Government occupation of land — Act of State — No recourse to municipal courts — Foreign Jurisdiction Act, 1890

  1 Statute considered
• Luxor (Eastbourne) Ltd v Cooper

  12 Dec 1940 [1941] AC 108, HL(E)

  Subsequent considerations : 5 positive; 3 neutral; 1 negative. Subsequent citations: 45.
  PRINCIPAL AND AGENT — Agent to receive commission if he effects sale — Right of principal to sell.
  Dec. 12. VISCOUNT SIMON L.C. My Lords, in this case the respondent, who was plaintiff in the action, issued his writ in April, 1937, claiming from each of the two appellant companies a sum of 5000 l. as commission alleged to be due under an oral agreement made in September, 1935. Alternatively, he claims the same amount as damages for breach of this agreement. The trial judge, Branson J., decided in favour of the appellants, but the Court of Appeal reversed this decision and gave judgment in favour of the respondent for a total sum of 8000 l. as damages
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  Case index catchwords

  PRINCIPAL AND AGENT — Agent to receive commission if he effects sale — Right of principal to sell.