The Cambridge Law Journal: Volume 6 -

The Cambridge Law Journal

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The Cambridge Law Journal
ISSN: 0008-1973

EISSN: 1469-2139

URL: /core/journals/cambridge-law-journal
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Volume 6 - November 1938

Notes on Recent Cases

Criminal Law—Murder—Killing During Attempt to Commit Rape—Held to be Murder

Settlement—Voluntary Settlement of Expectancy—Power of Receipt Given to Trustees—Receipt by Trustees—Settlor Claims Property as her Absolute Property—Property Impressed by Trusts of the Settlement

Criminal Law—Murder—Defence of Accident—Presumption of Innocence—Burden of Proof—Reasonable Doubt—Proper Direction to Jury

Tort—Dangerous Premises—Invitee Slips on Mat Covering Highly Polished Linoleum—Occupiers Held Liable Both in Tort and under Implied Term in Contract

Criminal Law—Public Meeting—Reasonable Apprehension by Police of Breach of Peace—Prevention of Meeting

Tort—Dangerous Premises—Child Injured by Broken Glass in Paddling Pool in Public Park—Held to be a Licenses and Damages Recoverable against Local Authority

Tort — Defamation — Libel — Not Defamatory to Accuse Another of Reporting Criminal Offence to Police — Publication on Defendants' Property by Unauthorized Act of Third Person— Defendants Held Liable Where Notice Easily Removable

Criminal Trials—Irregularities—Character of Accused—Cross-examination—Evidence—Duty of Counsel for Prosecution—Insufficient Summing-up

Tort—Negligence—Dangerous Premises—Sale of a House—Builder’s Duty as Vendor—Defective Ceiling—Warranty to Purchaser—No Duty to Occupant in Sale or Lease of an Unfurnished House—Opportunity for Inspection

Intestacy—Public Policy—Murderer Disqualified from Benefiting under Victim's Intestacy—Administration of Estates Act, 1925, s. 46

Tort—Negligence—Hospital—Administration of Hospital—Negligence of Medical Staff in Admitting Patient to Infected Hospital—Hospital Authorities Held Liable

Tort—Interference with Trade—Legality of Demand for Money as Alternative to Putting a Trader on Stop List—Demanding Money with Menaces—Demand Held to be Made with Reasonable and Probable Cause.

Tort—Master and Servant—Injury to Servant—Defective System of Working in Mine—Delegation by Master to Servant—Liability of Master—Common Employment no Defence

Real Property—Settlement—Appointment—Real Estate—Equitable Estate—Absence of Words of Limitation—Intention of Appointor—Limitation to a Person ‘Absolutely’ Held to Convey the Fee Simple—Deed Taking Effect Prior to 1926—Law of Property Act, 1925, s. 60

Tort—Negligence—Hospital—Nurses—Servants or Independent Contractors—Duty of Hospital Authority is, so Far as the Professional (as Distinct from the Ministerial) Skill of Nurses is Concerned, Merely to Use Care in their Selection

Tort—Damages—Sale of Ship Injured by Tort does not Prima Facie Affect Owner's Right to Recover Cost of Repairing Injury

Tort—Negligence—Master and Servant—Course of Employment—Negligence of Servant of Bailee—Bailee Held Liable to Bailor

Tort — Negligence — Claim by Administrator of Deceased under Law Reform (Miscellaneous Provisions) Act, 1934, for Pain and Suffering, Loss of Leg, and Loss of Expectation of Life Held to be Maintainable

Tort—Negligence—Animals Mansuetae Naturae—Pony Insecurely Tethered in Stable—Owner Held Liable For Damage to Person done by its Escape to Highway

Tort—Nuisance—Malice—User of Land—Defendant Held Liable for Acts Maliciously Committed with Intent to Injure Plaintiff in his User of Land

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Volume 6 - November 1938

Notes on Recent Cases