Saturday, December 26, 2009


Borneo Housing Mortgage Finance Berhad vs. Time Engineering Berhad [1996] 2 CLJ 561

Land Law

“When the registered owner produced a memorandum of transfer or a receipt showed that a full payment has been made, he has no interest on the land and transferred it to the bona fide purchaser. From that point onwards, the registered owner only acted as the bare trustee”

Bourhill vs. Young [1943] AC 92

Law of Torts

“In considering whether a person owes another duty of care, breach of which will render him liable to that other in damages for negligence, it is material to consider what the defendant ought to have contemplated as a reasonable man”

BP Refinery (Westernport) Pty Ltd vs. Hastings, Shire of [1977] 16 ALR 363

Contract Law

“For a term to be implied, the following conditions (which may be overlap) must be satisfied: (1) it must be reasonable and equitable, (2) it must be necessary to give business efficacy to the contract so that no term will be implied if the contract is effective without it, (3) it must be so obvious that ‘it goes without saying’, (4) it must be capable of clear expression, (5) it must not contradict any express term of the contract”

Bradford Corporation vs. Pickles [1895] AC 587

Law of Torts

“It is the act, not the motive for the act that must be regarded. If the act, apart from motive, gives rise merely to damage without legal remedy or right, the motive, however reprehensible it may be, will not supply that element”

Bradshaw [1878] 14 Cox CC 83

Criminal Law

“If a man is playing according to the rules and practice of the game and not going beyond it, it may be reasonable to infer that he is not actuated by any malicious motive or intention and that he is not acting in a manner which he knows will be likely to be productive of death or injury”

Breed vs. Cluett [1970] 2 Q.B 459.

Consumer Law

“He was charged under section 14 of the Act of 1968 and the justices dismissed the charge because they thought that any trade description applied after the completion of the contract of sale was entirely outside the scope of this legislation”

Brian Pty Ltd vs. United Dominions Corp [1983] 1 NSWLR 490

Law of Partnership

“A joint venture is an association of persons, natural or corporate, who agree by contract to engage in some common, usually ad hoc undertaking for joint profit by combining their respective resources, without however forming a partnership in the legal sense or corporation”

Brinkibon Ltd. vs. Stahag Stahl GmbH [1983] 2 AC 34 HL

Contract Law

“The present case is, as Entores Ltd vs. Miles Far East Corp itself, the case instantaneous communications between principles, and, in accordance with the general rule, involves that the contract was made when and when the acceptance was received”

British South Africa Company vs. Companhia De Mocambique [1893] AC 602


“Whilst Courts of Equity have never claimed to act directly upon land situated abroad, they purported to act upon the conscience of persons living here with regard to any contract made, or equity between persons in this country, respecting lands in foreign country, particularly in the British dominions, this Court will hold the same jurisdiction as if they were situated in England”

Burt vs. Claude Cousins & Co [1971] 2 QB 426

“If an estate agent or a solicitor, being authorized in that behalf, receives a deposit ‘as stakeholder’, he is under a duty to hold it in medio pending the outcome of a future event. He does not hold it as agent for the purchaser. He holds it as trustee for both to await the event. Until the event is known it is his duty to keep it in his own hands”

No comments:

Post a Comment