Results: 104

• Hardwick Game Farm v Suffolk Agricultural Poultry Producers Association (Grimsdale & Sons Ltd v Suffolk Agricultural Poultry Producers Association, Holland Colombo Trading Society Ltd v Grimsdale & Sons Ltd, Kendall (Henry) & Sons v William Lillico & Sons Ltd)

  [1964] 2 Lloyd's Rep 227, QBD (Havers J)

  20 Dec 1965 [1966] 1 WLR 287; [1966] 1 All ER 309; [1966] 1 Lloyd's Rep 197, CA

  08 May 1968 [1969] 2 AC 31; [1968] 3 WLR 110; [1968] 2 All ER 444; [1968] 1 Lloyd's Rep 547, HL(E)

  Subsequent considerations : 7 positive; 5 neutral; 2 negative. Subsequent citations: 39.
  ANIMAL — Bird — “Poultry”

  SALE OF GOODS — Cif — Implied statutory warranty

  SALE OF GOODS — Implied term — Fitness for purpose and merchantable quality

  SALE OF GOODS — Warranty — Implied statutory warranty
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  Case index catchwords

  ANIMAL — Bird — “Poultry” — Whether including partridges and pheasants

  SALE OF GOODS — Cif — Implied statutory warranty — Toxic gound-nut extractions sold for resale and manufacture into compound food for poultry — Circumstances in which implied statutory warranty as to suitability applies to cif contracts — Fertilisers and Feeding Stuffs Act, 1926, s 2 (2)

  SALE OF GOODS — Implied term — Fitness for purpose and merchantable quality — Toxic ground-nut extraction sold for compounding into poultry food — Oral contract confirmed by sale note placing responsibility for latent defects on buyer — Effect of — Extraction suitable for some purposes but not for the particular purpose for which sold — Whether a breach of implied terms as to fitness and merchantability — Buyers and sellers of goods members of same trade association — Contracts on Association's standard form — Clause placing responsibility for latent defects on buyers — Whether buyers entitled to rely on sellers' skill and judgment — Sale of Goods Act, 1893, s 14 (1) (2)

  SALE OF GOODS — Warranty — Implied statutory warranty — Ground-nut extraction sold to manufacturer for use as ingredient in compound food for poultry — Food fed to pheasants and partridges — Deaths of chicks and poults due to toxic substance in ground-nut extraction — Whether warranty as to suitability of “article” for use as food for poultry applicable — Whether damages recoverable — “Poultry” — Meaning of — “Article” — Meaning of — Fertilisers and Feeding Stuffs Act, 1926, s 2 (2), Sch 1

  21 Case(s) considered

  2 Words & Phrases considered

• Thompson v Comr of Stamp Duties

  27 May 1968 [1969] 1 AC 320; [1968] 3 WLR 875; [1968] 2 All ER 896, PC

  Subsequent citations: 6.
  REVENUE — Australia — New South Wales
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  Case index catchwords

  REVENUE — Australia — New South Wales — Revenue — Death duty — Taxing statute — Constitutional validity — “Property deemed to be included in the estate of the deceased shall be the property … at … his death … subject to such trust” — Assets outside state of deceased's domicile passing under testamentary appointment — Whether forming part of deceased's estate for purposes of death duty — “Territorial connection” — Stamp Duties Act, 1920–1965 (New South Wales), s 102

  4 Case(s) considered

  1 Overseas Enactment considered

• Cheong v Oversea Chinese Banking Corpn Ltd

  15 Jan 1969 [1969] 2 AC 139; [1969] 2 WLR 1352, PC

  LANDLORD AND TENANT — Singapore — Landlord and tenant
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  Case index catchwords

  LANDLORD AND TENANT — Singapore — Landlord and tenant — Rent control — Possession — Tenant's breach of law regulating building operations — Whether “knowingly” committed — Control of Rent Ordinance, 1953 (Laws of Singapore, 1955 Rev, c 242), ss 14, 15 (1) (h) — Municipal Ordinance (Laws of Singapore, 1955 Rev, c 133), ss 144 (1) (7) (11) (12), 392

  1 Words & Phrases considered

  2 Overseas Enactments considered
• C Czarnikow Ltd v Koufos (The Heron II)

  02 Dec 1965 [1966] 1 Lloyd's Rep 259, QBD (McNair J)

  05 Apr 1966 [1966] 2 QB 695; [1966] 2 WLR 1397; [1966] 2 All ER 593; [1966] 1 Lloyd's Rep 595, CA

  17 Oct 1967 [1969] 1 AC 350; [1967] 3 WLR 1491; [1967] 3 All ER 686; [1967] 2 Lloyd's Rep 457, HL(E)

  Subsequent considerations : 5 positive; 3 neutral. Subsequent citations: 87.
  DAMAGES — Remoteness — Shipping

  JUDICIAL PRECEDENT — Decision long undisturbed — Shipping

  JUDICIAL PRECEDENT — United States decision, — Commercial law

  SHIPPING — Charterparty — Damages
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  Case index catchwords

  DAMAGES — Remoteness — Shipping — Breach of charterparty — Delayed delivery of goods — Measure of damages

  JUDICIAL PRECEDENT — Decision long undisturbed — Shipping — 90 years' old case cited in leading textbooks — Based on different conditions of ocean transport — Whether to be followed

  JUDICIAL PRECEDENT — United States decision, — Commercial law — Desirability of uniformity — Measure of damages for delayed delivery of goods under charterparty

  SHIPPING — Charterparty — Damages — Remoteness of damage — Deviation by ship — Delay in voyage — Fall in market price of goods — Whether damages limited to interest on value of cargo — Whether damages decline in value of goods between due delivery and actual delivery — Measure of damages

  9 Case(s) considered
• Madzimbamuto v Lardner-Burke

  23 Jul 1968 [1969] 1 AC 645; [1968] 3 WLR 1229; [1968] 3 All ER 561, PC

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 22.
  COLONY — Constitution — Powers of Crown

  CROWN — Allegiance to — Usurpation

  INTERNATIONAL LAW — Recognition — Crown colony

  PARLIAMENT — Sovereignty — Colony

  PRIVY COUNCIL — Leave to appeal — Special leave

  CONSTITUTION — Rhodesia — Constitution

  ROMAN-DUTCH LAW — British colony — Applicability
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  Case index catchwords

  COLONY — Constitution — Powers of Crown — Southern Rhodesia — Limited grant of self-government — Convention that United Kingdom Parliament would not legislate on matters within the competence of Legislative Assembly — Unilateral “Declaration of Independence” — United Kingdom Statute and Order in Council transferring legislative and executive powers to Her Majesty in Council — Whether effective to do so — Southern Rhodesia Act, 1965, ss 1, 2 — Southern Rhodesia (Constitution) Order, 1965, ss 2, 3 (1) (5), 4, 6

  CROWN — Allegiance to — Usurpation — Colony — Southern Rhodesia — Usurping government in effective control — Temporary allegiance not owed to usurping government — Applicability of doctrine of necessity — Statute of Treason, 1495

  INTERNATIONAL LAW — Recognition — Crown colony — Territory under effective control of usurping government — Whether conceptions of international law as to de facto or de jure status applicable in courts of lawful sovereign — Southern Rhodesia

  PARLIAMENT — Sovereignty — Colony — Southern Rhodesia — Limited grant of self-government — Convention that United Kingdom Parliament would not legislate on matters within the competence of the Legislative Assembly — United Kingdom statute and Order in Council transferring executive and legislative powers to Her Majesty in Council — Whether effective to do so — Southern Rhodesia Act, 1965, ss 1, 2 — Southern Rhodesia (Constitution) Order, 1965, ss 2, 3 (1) (5), 4, 6

  PRIVY COUNCIL — Leave to appeal — Special leave — Southern Rhodesia — Emergency regulations made after unilateral “Declaration of Independence” — Determination by High Court by implication that detention order made thereunder valid — Detention without trial — “Declaration of Rights” in Constitution not specifically relied upon by appellant — Right of appeal to Privy Council by special leave only — Constitution of Southern Rhodesia, 1961, ss 58 (1), 69 (1), 71 (5), 72 (2), 105, 107, 111 — Emergency Powers Act, 1960 (No 48 of 1960), ss 3 (2), 4

  CONSTITUTION — Rhodesia — Constitution — Declaration of Independence — Revocation by United Kingdom of Legislative Assembly's powers — Transfer of legislative and executive powers to Her Majesty in Council — Adoption by Legislative Assembly of new constitution — Validity of emergency and emergency regulations made thereunder — Governor's directive requiring Her Majesty's judges to “maintain law and order … and to carry on with their normal tasks” — Determination by Rhodesian courts by implication that fresh emergency regulations and detention orders made thereunder valid — Right of an “aggrieved” person to appeal to the Privy Council — Relevance of Roman-Dutch law — Whether conceptions of law as to de facto and de jure status applicable — Doctrine of necessity not applicable — New Constitution invalid — Duty of judiciary — Effect of Governor's directive — Statute of Treason, 1495 — Constitution of Southern Rhodesia, 1961, ss 58 (1), 69 (1), 71 (5), 72 (2), 105, 107, 111 — Emergency Powers Act, 1960 (No 48 of 1960), ss 3 (2), 4 — Southern Rhodesia Act, 1965, ss 1, 2 (1) — Southern Rhodesia (Constitution) Order, 1965, ss 2, 3 (1) (5), 4, 6 — British Nationality Act, 1948, s 1 (1) (3)

  ROMAN-DUTCH LAW — British colony — Applicability — Whether applicable in determining nature of sovereignty — Southern Rhodesia

  9 Case(s) considered

  2 Words & Phrases considered

  3 Statutes considered

  3 Overseas Enactments considered
• R v Warner (Reginald) (Warner v Metropolitan Police Comr)

  30 Jun 1967 [1967] 1 WLR 1209; [1967] 3 All ER 93, CA

  02 May 1968 [1969] 2 AC 256; [1968] 2 WLR 1303; [1968] 2 All ER 356; 52 Cr App R 373, HL(E)

  Subsequent considerations : 6 positive; 5 neutral; 4 negative. Subsequent citations: 61.
  CRIME — Drugs — Unauthorised possession of
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  Case index catchwords

  CRIME — Drugs — Unauthorised possession of — Meaning — Defendant in possession of box which he knew to contain something — Whether defence that he did not know it contained drugs — Drugs (Prevention of Misuse) Act, 1964, s 1 (1)

  10 Case(s) considered

  1 Words & Phrases considered

• United Dominions Corpn (Jamaica) Ltd v Shoucair

  14 May 1968 [1969] 1 AC 340; [1968] 3 WLR 893; [1968] 2 All ER 904, PC

  Subsequent citations: 10.
  CONTRACT — Rescission — Variation

  MONEYLENDER — Jamaica — Moneylender

  MONEYLENDER — Memorandum — Requirements of
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  Case index catchwords

  CONTRACT — Rescission — Variation — Moneylending contract rendered unenforceable by variation — Whether original contract rescinded

  MONEYLENDER — Jamaica — Moneylender — Memorandum — Requirements of — Not applicable to loans with interest of 10 per cent or less — Original agreement enforceable — Temporary variation in rate of interest — Agreement for variation unenforceable — Whether original agreement thereby becoming unenforceable — Intention of parties equally important in moneylending transactions — Whether temporary variation in rate of interest evidence of intention to rescind original agreement — Moneylending Laws (Laws of Jamaica, 1953 Rev, c 254), s 8

  MONEYLENDER — Memorandum — Requirements of — Not applicable to loans with interest of 10 per cent or less — Original agreement enforceable — Temporary variation in rate of interest — Agreement for variation unenforceable — Whether original agreement thereby becoming unenforceable — Intention of parties equally important in moneylending transactions — Whether temporary variation in rate of interest evidence of intention to rescind original agreement — Moneylenders Act, 1927, s 6 — Moneylending Laws (Laws of Jamaica, 1953 Rev, c 254), s 8

  1 Case considered

  1 Statute considered

  1 Overseas Enactment considered
• Dietz v Lennig Chemicals Ltd

  26 May 1966 [1966] 1 WLR 1349; [1966] 2 All ER 962, CA

  26 Apr 1967 [1969] 1 AC 170; [1967] 3 WLR 165; [1967] 2 All ER 282, HL(E)

  Subsequent considerations : 2 positive; 1 neutral. Subsequent citations: 21.
  FATAL ACCIDENTS ACTS — Practice — Consent order

  PRACTICE — Order — Recall
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  Case index catchwords

  FATAL ACCIDENTS ACTS — Practice — Consent order — Acceptance by widow of lump sum on behalf of herself and infant — Consent order for approval of settlement — Widow's remarriage before order drawn up — Remarriage unknown to parties' solicitor at time of order — Whether order should be set aside — RSC, Ord 80, r 12

  PRACTICE — Order — Recall — Fatal accident — Acceptance by widow of sum for herself and infant — Approval by court — Remarriage meanwhile by widow then unknown to court — Order not drawn up — Whether order should be set aside

  2 Case(s) considered

  1 Statutory Instrument considered

• Gloucestershire County Council v Richardson

  10 Jul 1968 [1969] 1 AC 480; [1968] 3 WLR 645; [1968] 2 All ER 1181; 67 LGR 15, HL(E)

  Subsequent citations: 4.
  BUILDING — Contract — RIBA, form

  EMPLOYMENT — Work and labour — Contract
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  Case index catchwords

  BUILDING — Contract — RIBA, form — Nominated suppliers — Defective materials — Work stopped — Architect's instructions — Warranty of fitness — Whether contractor liable

  EMPLOYMENT — Work and labour — Contract — Implied term — Fitness of materials — Building contract — RIBA form

  2 Case(s) considered
• Walters v The Queen

  04 Nov 1968 [1969] 2 AC 26; [1969] 2 WLR 60, PC

  Subsequent considerations : 1 positive. Subsequent citations: 7.
  CRIME — Summing up — Onus of proof

  CRIME — Jamaica — Crime
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  Case index catchwords

  CRIME — Summing up — Onus of proof — Appropriate formula — “Reasonable doubt” — Objective test — Subjective test — No precise formula — Effect of summing-up as a whole the proper test

  CRIME — Jamaica — Crime — Direction to jury — Onus of proof — Reasonable doubt — Objective test — Subjective test — No precise formula — Effect of summing-up as a whole the proper test

  1 Case considered