The collection
Cases
Landmark and modern judgments, distilled to facts, issues, judgement and significance — 67 summaries across 7 pages.
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J Lauritzen A/S v Wijsmuller BV (The Super Servant Two) [1990] 1 Lloyd’s Rep 1
The leading authority on self-induced frustration — a party cannot plead frustration where the impossibility arose from its own election between contracts.
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Kaya v Turkey [1998] 28 EHRR 1
The ECtHR confirms the procedural limb of Article 2 ECHR — the State’s duty to conduct an effective investigation into a killing involving its agents.
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Nettleship v Weston [1971] 2 QB 691
The objective standard of care applies to a learner driver — an “incompetent best” is not good enough.
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Ocean Tramp Tankers Corporation v V/O Sovfracht (The Eugenia) [1964] 2 QB 226
A leading authority on commercial impracticability — a longer, costlier voyage is not “radically different” enough to frustrate a charter, and self-induced frustration cannot be relied on.
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R v Kemp [1957] 1 QB 399
A physical disease affecting the mental faculties can be a “disease of the mind” under the M’Naghten Rules.
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Re Agar-Ellis [1883] 24 Ch D 317
A notorious example of the Victorian “father-right” doctrine, later disapproved in Gillick.
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Rylands v Fletcher [1868] LR 3 HL 330
The founding authority for strict liability for the escape of a non-natural, dangerous accumulation from land.