Case Law

1. Adams v Lindsell - Contract - formation of contract - contracts made through the post - acceptance - when complete - whether at time of posting.
   
   


2. Tailby v Official Receiver - Bankruptcy and insolvency - bills of sale - equity - parliament - specific performance - trusts - nature and creation of trusts.
   
   


3. Woodar investment development ltd v wimpey construction uk ltd - Contract - repudiation - rescission - attempted rescission amounting to repudiation - purchaser wishing to withdraw from contract with vendor for sale of land - purchaser purporting to rely on term of contract to rescind - judge holding that purchaser not entitled to rescind - whether purchaser's erroneous attempt to rescind amounting to repudiation and entitling vendor to damages.
   
   


4. Entores Ltd v Miles Far East Corpn - Practice and procedure - commencement of proceedings - service of process - service out of the jurisdiction - circumstances when service out of the jurisdiction allowed - actions on contracts - contracts made within the jurisdiction - acceptance received in England.
   
   


5. Morgans appellant and Launchbury and others respondents - Vicarious liability - agency - negligence - motor car - car owned by wife and used by husband - understanding that husband would get friend to drive if himself unfit through drink - accident when car driven negligently by friend - injury to passengers - whether wife vicariously liable.
   
   


6. Esso Petroleum Co Ltd v Mardon - Negligence - general principles of the law of negligence - nature of negligence - the duty to take care - necessity for - no negligence without duty.
   
   


7. McCausland and another v Duncan Lawrie Ltd and another - Sale of land - Contract - Form of contract - Variation - Formalities required - Whether variation of contract for sale of land requiring same formalities applying to formation of contract - Whether alteration of completion date required to be incorporated in one document signed by or on behalf of both parties - Law of Property (Miscellaneous Provisions) Act 1989, s 2.
   
   


8. A (A Child) v Ministry of Defence - Negligence - duty of care - medical treatment - procurement of health care for servicemen and dependants posted to Germany - first defendant contracting with second defendant to arrange for provision of secondary health care by German hospitals - claimant suffering personal injury due to negligence of German doctor in German hospital - first defendant not owing claimant non-delegable duty to ensure that due skill and care exercised in German hospital
   
   


9. Caparo Industries plc v Dickman - Companies - companies regulated by the companies act 1985 - auditors and audit - auditors - liabilities - liability to shareholders and potential investors -- duty of care - whether auditors liable in negligence
   
   


10. Beswick v Beswick - Contract - consideration and privity, right to sue, sale of land, statements, nature and validity...

(2) Tort - Negligence - Highway - Highway authority - Duty of care - Duty to person or property using highway - Scope of duty.

HELD: Applications for special leave to appeal granted. Appeal of Ghantous dismissed. (Gleeson CJ, Hayne and Callinan JJ dissenting) Appeal of Brodie allowed and case remitted to the Court of Appeal to determine remaining issues

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