Results.
8 judgments found.
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| June 1988 |
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Bus driver's failure to slow on a wet road found negligent; plaintiff's driver also contributorily negligent; damages halved.
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Negligence — driver obliged to slow and be able to stop safely when put on guard by vehicle indicators and junction ahead; contributory negligence — failure to complete lane change; wet road conditions; presence of cyclist as contributing circumstance; apportionment of liability.
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29 June 1988 |
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21 June 1988 |
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Employer liable for brief false imprisonment and wrongful dismissal; malicious prosecution and defamation claims dismissed.
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Employment law — wrongful dismissal; False imprisonment — vicarious liability for employee/agent reporting to police; Malicious prosecution — claimant must show defendant set law in motion; Defamation — statements by police not attributable to employer.
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21 June 1988 |
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Whether a 15% handling commission formed part of the tourist delivery contract and if refundable sales tax could be retained.
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Contract interpretation — tourist delivery sale — whether 15% handling/commission agreed; admissibility of oral evidence to explain a written quotation; set-off/withholding of refundable foreign sales tax; credibility findings on commercial price quotations.
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17 June 1988 |
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17 June 1988 |
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Training bond enforced; defendant must repay training expenses; UK employment/salary claim dismissed.
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Training bond enforceability — repayment of training expenses; distinction between trainee and employee under UK work permit; no employment contract with UK host; set‑off of admitted payables.
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16 June 1988 |
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Licencee’s disorderly conduct and property damage justified eviction; assault claim dismissed.
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Licences — licencee’s conduct — breach of contractual conditions by disorderly conduct and property damage; eviction — servant’s implied authority to use reasonable force to protect property; assault claim defeated where licencee became trespasser.
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16 June 1988 |
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3 June 1988 |