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Sabrineh Ardalan Sharon Block Robert Bordone Robert Clark Emily M. Broad Leib John Coates Corporations Coursepack Susan Crawford Alonzo Emery Heidi Gardner Philip B. However, other sections added by the editor assist in understanding the case and assessing its likely impact. It looks like you're using Internet Explorer 11 or older. This website works best with modern browsers such as the latest versions of Chrome, Firefox, Safari, and Edge. If you continue with this browser, you may see unexpected results. Library LibGuides Case Law: How to find and use case law Introduction Search this Guide Search. Case Law: How to find and use case law: Introduction What is case law?

Where can you find Scottish and English case law? How can you check the status of case law? Introduction Where to find case law Citations to case law How to find case law How to check the status of case law. Case law Case law or judicial precedent is law which is made by the courts and decided by judges. The main sources of cases are law reports, digests and official transcripts. Contents Video: Finding case law Online sources of case law Law reports, digests and transcripts Judicial precedent Judicial consideration Structure of a law report. Finding case law. This link opens in a new window. Westlaw provides full-text access to a variety of legal information, including many UK cases, UK and Scottish legislation, a number of UK legal journals and EU materials.

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This link opens in a new window This link opens in a new window. HeinOnline is a legal research database. All content within HeinOnline is image-based in PDF format and fully searchable. Use the searches to find written opinions for individual cases from: High Court, Court of Session, Fatal Accident Inquiries, Sheriff Court, Sheriff Appeal Court - Criminal, Sheriff Appeal Court - Civil, All-Scotland Personal Injury Court. The Find Case Law service provides public access to Court Judgments and Tribunal decisions. From April , court judgments from the England and Wales High Court, the Court of Appeal, the Supreme Court and tribunal decisions from the Upper Tribunals are being sent to the National Archives so that they can be preserved and made available to the public.

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This is basically to help scholars, lawyers and law students all of the world, find contract law cases so as to enable them consolidate their legal arguments, articles and points in law examinations. If you have been searching for cases to fortify your points in any matter that concerns contract, then search no further. Trust me; this article contains almost all the leading cases on the law of contract. Nonetheless, before I move to the crux of this article, I would like to share some of basic information about the law of contract with you.

This is also very pertinent because it will help you to understand the cases that will be mentioned here wholesomely. So what is a contract? MUST READ: 10 Differences between military and democratic government. Contract has been given different definitions by different people. According to Sir Fredrick Pollock , A contract is a promise or set of promises which the law will efforce. Conversely, it should be noted that while every contract is ultimately an agreement, it is not every agreement that is a contract. Also read : Fundamental human rights in Nigerian Constitution and cases. Basically, contract is classified into Simple contract or Formal contract.

The two classifications of contract will be explained explicitly below:. A simple contract is also called an informal contract. It is a contract, whether writen or oral, which is not under seal. It can also be implied from the conduct of parties. Simple contract are not binding except there is consideration. In a simple or informal contract, only a party who has furnished consideration can bring an action to enforce the contract. On the other hand, a formal contract is a contract which is reduced to writing, singed by parties contracting and impressed with a seal. It is also called a specialty contact or a deed. The basic features of a formal contract is to that it must be signed, sealed and delivered. These actions constitute the execution of a deed. Now that you known what a contract is, the various types of contract and the characteristics of a contract, we will now see some of the leading cases in contract law.

Those are some of the leading cases in contract law. Nevertheless, as we continue, will be sharing with you the case summary of each of the cases mentioned in the list above with their citations. I enjoin you to read painstakingly so that you will achieve your purpose for reading this work. Now, below is the case summary of the leading cases in the law of contract. MUST READ: Problems facing the legal profession in Nigeria: 5 cogent solutions. The case of Carlill v Carbolic Smoke Ball Co is a good illustration of a unilateral contract.

The plaintiff, a lady, used the ball as was advertised and was attacked by influenza. The case of Andrews v Hopkinson is one of the contract cases that explains where a collateral contract will fail with the main contract. Apparently, a collateral contract is a preliminary contract which is usually oral and forms the reason or the inducement for the making of another related contract. In the case of Andrews v Hopkinson, the collateral contract failed with the main contract. You will have no trouble with it. The car was not roadworthy. The court held that the dealer was liable. Also read : Richest lawyers in Ghana: Top 5. The case of Fisher v Bell is a contract case that is usually used to explain the difference between an invitation to treat and an offer. In this case, the respondent, shopkeeper, displayed a knife with a price tag.

He was charged for offering to sale a knife contrary to section 1 1 of the Restriction of Offensive Weapons Act The question that arose for determination in court was whether the display of this knife constituted an offer for sale within the meaning in the Restriction of Offensive Weapons Act It was held by the Court of Appeal that the display was an invitation to offer and so the shopkeeper was not liable. In Spencer v Harding, the defendant sent out circulars inviting tenders to buy stock. The Plaintiff claimed that the circular was an offer to sell the stock to the highest bidder and that they had sent the highest bid which the plaintiff had refused to accept. The court held that the circular was an invitation to treat and not an offer.

The case of Central London Property Trust Ltd v High Trees House Ltd is also one of the leading cases in the law of contract. The case is usually referred to as the High Trees case or principle of Equitable Estoppel. In January the plaintiff agreed in writing to reduce the rent by half because of war condition which had caused many vacancies in the flats. No express limit was set for the operation of this reduction. From to the defendant paid the reduced rent. In , the flats became fully occupied again. It was held by Lord Denning that, as agreement for the reduction of rent had been acted upon by the defendants, the plaintiff were estopped in equity from claiming the full rent from until early when the flats were fully let.

Also read: Defences to strict liability in tort: 5 Defences A Defendant Can claim. This is one of the contract cases that is offen cited to backup the rule that a contract can be made by conduct. In this case, Brodgen had for many year supplied the defendant company with coal without a formal contract. Brodgen then suggested that the relationship be regularised through a formal contract. Both parties acted on the strength of the terms contained in the draft, supplying and paying for the coal in accordance with its clauses until a dispute arose and Brodgen denied that any binding contract existed between them.

In this case, the defendant, Braithwaite, had killed Patrick Mahume. He then requested the plaintiff to do all he could to obtain a royal pardon for him from the king. To this end, the plaintiff exerted himself and undertook a lot of journeys to and from London, incurring certain expenses. Also read : Nigerian leading cases on frustration of contract. To wholesomely discuss past consideration as a topic in the law of contract, the case of Roscolar v Thomas must be mentioned. In this case, the plaintiff bought a horse from the defendant. After sometime, the defendant promised the plaintiff that it was a sound horse, free from vice. The horse was in fact a vicious horse. The plaintiff sued the defendant for breach of promise. It was held that the action will fail.

In Stevenson v McLean, the defendant offered on a Sunday to sell the plaintiff some quantity of iron. The offer was left open till close of business on Monday. On Monday, the plaintiff telegraphed ro ask for information. On that same day, the plaintiff accepted the original offer at 1. On hearing the matter, the court held that the plaintiff first telegram was not a counter offer but a mere inquiry, so that the offer was still open when the plaintiff accepted it. Eastwood v Kenyon is the case in contract that is used to explain that moral obligation does not amount to consideration.

In this case, the death of John Sutcliff left his infant daughter as his sole heiress. She then married the defendant, who also promised to pay. The plaintiff sued the plaintiff on this promise and the court dismissed the action, reiterating the rule that moral obligation does not amount to consideration. That element is consideration and it cannot be a mere moral obligation. The case of White v Bluet explains the position that consideration in contract need not to be adequate by sufficient. In this case, a sun owned his father a sum of money. Subsequently, the sun harassed his father with frequent complaints about the way his father distributed his wealth among his children which was unfavorable to him. The son then alleged that his father promised him that if he would stop complaining, he the father would discharge him from the debt and he stopped.

The court held that it did not because:. The father had a right to distribute his property in any manner he liked and so the son had no right to complain in the first place. This is a contract case where the court held that consideration is an essential element of a binding contract. Here, a wife started proceedings against the husband for divorce and she obtained a decree nisi against the husband. After the decree nisi was made absolute, the husband never kept his promise. Thereupon the wife brought an action against him to make him pay the money. In this case, the defendant placed an advertisement in the newspaper to give financial advice to readers.

The plaintiff wrote, asking for the name of a good stockbroker. The editor negligently recommended someone who was an undischarged bankrupt. The plaintiff brought an action in court seeking to recover his money from the the newspaper. The issue in court was whether the plaintiff furnished any consideration. The court considered that many people bought newspaper because of that publication. It further held that the plaintiff had furnished consideration for the contract. Two hours after he had set sail, the launch caught fire. The firefighting equipment provided in the launch was out of order and the plaintiff suffered serious injuries and lost all his belongings on board.

It was held that there must be implied into the contract of hire an undertaking by the defendant to make the launch as fit for the purpose of the hiring as reasonable care could make it, and that the defendant was therefore liable. The case of Bournemouth Athletic Football Club Ltd v Manchester United Football Club is another popular case in the law of contract. In this case, a transfer agreement was made between the two football clubs.

Jackson Wendy Jacobs Adriaan Lanni William Lee Jeremy McClane Naz Modirzadeh Catherine Mondell Ashish Nanda Charles R. He survived that, too! The plaintiff wrote to the defendant, on the same day offering to buy tons of iron at 69s per ton. A digest is a publication which contains summaries of cases. Add to Cart.

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