P2 Case Law

• Exclusion clauses:


  Thornton v Shoe Lane Parking - established that clauses must be brought to the notice of the other party before or at the time of contracting.
• Breach of contract & remedies:


  Poussard v Spiers and Pond - established the distinction between conditions and warranties
• Frustration of contract:


  Krell v Henry - established that frustration can occur if the purpose of the contract is destroyed
• Misrepresentation:


  Derry v Peek - defined fraudulent misrepresentation
• Negligence and duty of care:


  Donoghue v Stevenson - established the modern law of negligence and the neighbour principle
• Negligence & duty of care:


  Caparo Industries plc v Dickman - established the three-part test for duty of care:

  1. Foreseeability
  2. Proximity
  3. Just, fair & reasonable?
• Causation and remoteness:


  Hughes v Lord Advocate - foreseeability of damage
• Occupier's Liability:


  Wheat v Lacon - defined "occupier"
• Causation & intervening act:


  R v Jordan - the principle of "novus actus interveniens" was applied
• Self-defence:


  R v Gladstone Williams - a person can claim self-defence if they genuinely believe they are under attack, even if that belief is mistaken.
• Insanity:


  R v M'naghten - laid down the M'Naghten Rules, forming the basis for the insanity defence
• Automatism:


  R v Quick - clarified the defence of automatism, distinguishing it from insanity.
• Involuntary intoxication:


  R v Kingston - established that involuntary intoxication is not a defence if the defendant still forms the necessary criminal intent whilst intoxicated
• Mens rea:


  R v Woollin - clarified the legal definition of intention