Counter offer in contract law: Hyde v Wrench (1840)
Areas of applicable law: Contract law – Offer – Counter offer: Main arguments in this case: The case illustrates how a counter offer, or haggling in plain English, can destroy… Read more »
Pure psychiatric harm: who is a primary victim?
Areas of applicable law: Tort law – Psychiatric harm – Negligence Main arguments in this case: Who is a primary victim in psychiatric harm? In terms of psychiatric harm, a… Read more »
Pure psychiatric harm: who is a secondary victim?
Areas of applicable law: Tort law – Duty of care – Negligence – psychiatric harm Main arguments in this case: Who is a secondary victim in psychiatric harm? Before we… Read more »
Duress in contract law: meaning and what amounts to duress?
If a contract was entered by a party solely because of a threat, physical violence, unlawful restraint or economic duress, then the contract can be set aside, i.e. void. An… Read more »
Tate v. Williamson (1866): Presumed undue influence
Areas of applicable law: Contract law – Undue influence – Presumed undue influence class 2a Main arguments in this case: The case shows how a contract can be set aside… Read more »
Atlas Express v Kafco (1989): economic duress.
Areas of applicable law: Contract law – Duress – Economic duress. Main arguments in this case: An agreement that has been made by pressurising the other party cannot be legally… Read more »
Swinney v Chief Constable of Northumbria Police (1999)
Areas of applicable law: Tort law – Duty of care – Negligence – Psychiatric harm. Main arguments in this case: In some circumstances it is possible that the police owe… Read more »
Bourhill v Young (1943): foreseeability and duty of care.
Areas of applicable law: Tort law – Negligence – Foreseeability – Psychiatric harm Main arguments in this case: A defendant can only be liable if the rule of foreseeability is… Read more »
Pure psychiatric harm: what is it?
A pure psychiatric harm is a special form of negligence which causes a person to suffer mental anguish, or has the potential to inflict such mental harm without causing any… Read more »
White v Chief Constable of South Yorkshire (1998): psychiatric harm and rescuers.
Areas of applicable law: Tort law – Negligence – Psychiatric harm. Main arguments in this case: Can a rescuer be entitled to claim for psychiatric harm? The fact of the… Read more »