Contract cases

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Case name
Case facts
What it links to
Rookes V Barnard
Rookes sued the union officials, including Mr Barnard, the branch chairman. Rookes said that he was the victim of a tortious intimidation that had used unlawful means to induce BOAC to terminate his contract. The strike was alleged to be the unlawful means.
-The case was almost immediately reversed Miliangos V George Frank Textiles
George Frank Ltd was a Swiss textile producer who sold and delivered textiles to Miliangos, textile trade located in England. Miliangos refused to pay for the textiles. George Frank sued Miliangos in England for the amount of the debt in the currency of the contract which was Swiss francs.
-Overruling a decision
-The rule in Re United Railways [1961] HL that required damages to be awarded in sterling was no longer desirable and was overruled.
London Street Tramways V London County Council
This case concerned the price the London County Council should pay for parts of the tramways.
-The decision was found per incurium
-The Supreme Court must follow past decisions
DPP V Smith
The mens rea for murder could be objective (Mentally disabled people will be charged like normal people). Not changed for 6 years
-Shows inflexibility and need for the practice statement
British Railways Board V Herrington
A 6 year-old boy, was burned on an electric rail. The railway was separated from a play area by a fence that was broken. The stationmaster knew the fence was in poor condition, and knew children often trespassed, but took no steps to correct this.
-First major use of the practice statement
-Departed from the decision in Addie V Dumbreck
Conway V Rimmer An ex-police officer sued for wrongful prosecution and sought disclosure of some police files. The Home Secretary claimed public interest immunity for all such files.
-First minor use of the practice statement
-Got rid of the ruling in Duncan V Cammell Laird
Jones V Secretary Of State For

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