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Legal skills - Essay Example

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LEGAL SKILLS CASE ANALYSIS TEST December 2012 Interfoto Picture Library v Stiletto Visual Programmes 10 marks will be awarded for correct grammar, punctuation and spelling. 1. What is the date of the judgment? (2 marks) November 12, 1987. 2. Who was the trial judge and what was his decision?…
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Download file to see previous pages Stephen Lennard for the Plaintiffs. 5. What remedies were Interfoto Picture Library Ltd seeking in the Court of Appeal? (2 marks) They were looking to uphold the judgment of the trial court, which had awarded them substantial damages against the defendant. 6. Which cases were applied by the Court of Appeal? (2 marks) Parker v. South Eastern Railway Company; J Spurling Ltd. v. Bradshaw; Thornton v. Shoe Lane Parking Ltd.; McCutcheon v. David MacBrayne Ltd. 7. In what court was McCutcheon v David MacBrayne Ltd [1964] 1 All ER 430 heard?(1 mark) Court of Session. 8. What are the material facts of Interfoto Picture Library v Stiletto Visual Programmes? (6 marks) The plaintiffs run a photographic transparency lending library. After the defendants inquired, the plaintiffs sent the defendants 47 transparencies and a delivery note that had 9 printed conditions on it. Condition 2 stated that the transparencies must be returned to the plaintiff after 14 days, otherwise there would be a ?5 a day penalty for every day after 14 days that the defendants held onto the transparencies. The defendants returned the transparencies four weeks later, claiming that they did not read the printed conditions. The bill to the defendants was ?3,738. The plaintiffs did try to call the defendants twice before the defendants gave back the transparencies. The defendants refused to pay. 9. ...
11. What were the two arguments made by the defendant? (6 marks) The defendants claimed that the Condition 2 was never a part of the contract, as the defendants never received the delivery note. They also claimed that the contract between the two parties was formed before they knew about the delivery note. 12. How does the basis for the decision in Parker v South Eastern Rly Co (1877) 2CPD 416 differ from that in Thornton v Shoe Lane Parking Ltd [1956] 1 All ER 686? (2 marks) In Parker, the court looked at the terms as a whole, and decided if the terms, as a whole, were brought to the attention of the other party. In Thornton, the court decided that a particularly onerous term should be brought to the attention of the party, and if that particularly onerous term was not brought to the party's attention, that this term did not become a part of the contract. 13. (a) How did counsel for the plaintiff distinguish Thornton v Shoe Lane Parking Ltd [1956] 1 All ER 686? (2 marks) They state that the Thornton case deals with an exemption clause, and the holding should be limited to exemption clauses. Since their case did not involve an exemption clause, they argued that the holding in Thornton did not apply. (b) Was this distinction was accepted by Dillon LJ and explain his reasoning on the issue. (2 marks) No. Dillon stated that what was stated in the Thornton case was a general application of law, therefore the holding could be applied to any onerous statement in any contract. 14. (a) What principle does Bingham LJ say is not an overriding principle of English law? (1 mark) In making and carrying out contracts, each party must act in good faith. (b) How has English law dealt with this principle? Give examples. (4 marks) In ...Download file to see next pages Read More
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