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3. Bailment  

D Fox, RJC Munday, B Soyer, AM Tettenborn, and PG Turner

the standard of care required in a case of bailment, or any other type of case, is the standard demanded by the circumstances of that particular case. It seems to me that to try and put

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6. Relations with third parties  

D Fox, RJC Munday, B Soyer, AM Tettenborn, and PG Turner

against this view of the case, and cited the case of Bickerton v Burrell as an authority that the plaintiff could not sue in such a case in his own name. That case is indeed in one respect

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16. Modern payment systems  

D Fox, RJC Munday, B Soyer, AM Tettenborn, and PG Turner

irrelevant; in any case modern practice is to require payment by cheque crossed ‘A/C Payee only,’ which is not negotiable. It is its equivalence to cash which is the essential feature of a

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15. International sales  

D Fox, RJC Munday, B Soyer, AM Tettenborn, and PG Turner

Co’s Case ((1911)16 Com Cas 95, 101). These documents have to be handled by banks, they have to be taken to be such as can be retendered to sub-purchasers, and it is essential that

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10. Transfer of title  

D Fox, RJC Munday, B Soyer, AM Tettenborn, and PG Turner

that the defendant has established that essential fact. Notes 1. For a similar conclusion, see too the Northern Irish case of Martin v Duffy [1985] NI 417, and also

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27. Insurance  

D Fox, RJC Munday, B Soyer, AM Tettenborn, and PG Turner

Ors [2018] EWCA Civ 1330, [2019] RTR 1. In that case, the court indicated that insurers might be able to claim punitive damages in cases where the fraud is sophisticated and sustained

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22. Assignment of choses in action  

D Fox, RJC Munday, B Soyer, AM Tettenborn, and PG Turner

necessary to give notice; and, unless notice is given, you do not do that which is essential in all cases of transfer of personal property. The law of England has always been, that personal

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9. Passing of the property in the goods as between seller and buyer  

D Fox, RJC Munday, B Soyer, AM Tettenborn, and PG Turner

Thus if we postulate the case of the company having in warehouse 1,000 cases of a particular wine and selling 100 cases to X the circumstances of this case indicate, it is submitted

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11. Seller’s obligations as to quality  

D Fox, RJC Munday, B Soyer, AM Tettenborn, and PG Turner

for—otherwise they are not bound to take it. Note This case was decided at common law, but it is one of the cases on which s 13 is based, and indubitably remains good law today

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5. Creation of agency, and the authority of the agent  

D Fox, RJC Munday, B Soyer, AM Tettenborn, and PG Turner

described the case as puzzling, the argument for the plaintiff as fallacious, and the doctrine of the case as one that courts should be wary about following. 4 The case concerned the

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25. Possessory security  

D Fox, RJC Munday, B Soyer, AM Tettenborn, and PG Turner

broken, so essential a violation of it as to revest the right of possession in the pawnor; but in the absence of such terms, why are they to be implied? There may possibly be cases in which

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23. Receivables financing  

D Fox, RJC Munday, B Soyer, AM Tettenborn, and PG Turner

the adjective ‘unrestricted.’ The essential difference This passage brings us close to the issue of legal principle, that is the essential difference between a fixed charge and

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8. Introduction and definitions  

D Fox, RJC Munday, B Soyer, AM Tettenborn, and PG Turner

the instant case argued that if the buyer in the Dies case was entitled to recover an advance which had already been paid, then a fortiori the buyer in the instant case could not be

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28. Insolvency  

D Fox, RJC Munday, B Soyer, AM Tettenborn, and PG Turner

of duty.] [ Swinton Thomas and Tuckey LJJ concurred.] The above cases emphasise the essential difference between a receivership and other forms of insolvency procedure, such

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2. Basic concepts of personal property  

D Fox, RJC Munday, B Soyer, AM Tettenborn, and PG Turner

commodities, in which case the first priority is free alienability, but ‘at other times it requires us to do more complex things with them, and in those cases alienability is relatively

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19. Bills of exchange  

D Fox, RJC Munday, B Soyer, AM Tettenborn, and PG Turner

sole question is whether in the circumstances of this case the respondents are entitled to set up an estoppel. The essential factors giving rise to an estoppel are I think:

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13. Remedies of the seller  

D Fox, RJC Munday, B Soyer, AM Tettenborn, and PG Turner

between cases where the default of the buyer has occurred after the property has passed and cases where that default has been before the property has passed. To the former cases Mackay

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7. Relations between principal and agent  

D Fox, RJC Munday, B Soyer, AM Tettenborn, and PG Turner

(1975) 91 LQR 357 and The Law of Estate Agency (5th edn, 2009). 4. In every case, however, it is essential to construe the terms of the individual contract. Hence, in Barton v Gwyn-Jones

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18. Negotiable instruments  

D Fox, RJC Munday, B Soyer, AM Tettenborn, and PG Turner

previously been the case, or whether it was merely declaratory of the law as it stood before Lord Holt’s landmark decision in Clerke v Martin (1702) 2 Ld Raym 757. In that case, Lord Holt

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21. The financing of international trade  

D Fox, RJC Munday, B Soyer, AM Tettenborn, and PG Turner

another way of differentiating Montrod from the present case is that there the certificate required was not an essential document but one touching on the question as to the quality