Search court decisions

…The second issue I have to decide is whether the defendant was under any contractual obligation or under some other common law duty of care to ensure that the plaintiff was not, under any circumstances, even without negligence…

…As I understand it, the position is that: “at common law it is the duty of the hotel proprietor in his capacity as in-keeper to take reasonable care of the person of his guests, so that they should not be injured by anything…

…It is true that the decision ultimately turned on this point and equally true that the contention might not be good after the passing of the Supreme Court of Judicature Act, 1873, enjoining common law courts to take into…

…Halsbury’s Laws of England, 4th Edition Vol 9 paragraph 530 on p 365 strengthens the above statement of the rule of law of contractual licences “which at common law be effectively revoked at any time whether or not it contained…

…In this Court’s view, it cannot be disputed that the law applicable to the current mater is primarily the common law applicable to the current matter is primarily the common law applicable in this Country as modified by the…

…It is also a cardinal principle of the applicable common law that a third party cannot benefit from a contract unless such a contract is for his benefit or was made on his behalf by his agent.…

…law, it is contrary to common law to charge interest for money which has not been advanced.…

…A contract may, under the common law, be rendered unenforceable either wholly or in part for being contrary to public policy.…

…Now, injunction is an equitable relief, a court of equity administers justice according to fairness as contrasted with the strict formulated rules of common law.…

…It follows that if the appellant relies on the common law itself it will not assist her. She is not yet able to sue as personal representative until the grant of letters of administration to her”.…

…On the first principle on which the court acts, it is observed that according to common law and/or customary law of the inhabitants of this country, those entitled to the use of the land are also entitled to the fruits thereof…

…He referred me to section 13 of the Hotels and Restaurants Act (Cap 494) the operative part of which reads: “13(1) The holder of a hotel licence shall, in addition to the ordinary lien of an innkeeper at common law, have…

…The common Law position relating to joint tenancies has been applied by our courts over a long time. Rawal J applied it in Jerusha Nyakerario Obare – vs – Samuel Omoni Obare: HCCC No.267 of 2006 (UR) .…

…On this point I have derived substantial benefit from two books titled “The Law of Master and Servant” by Francis Raleigh Batt 4th Edition by George J Webber and “The Employers Liability” at Common Law” by John Munkman: The…

…In other cases it may be difficult to determine whether the conduct complained is a misstatement within Hedley Byrne principle or a conduct falling within the scope of the wider principle of common law duty of care under…

…In the absence of any such provision valuers are not, in my opinion, entitled to rely on a general exclusion of the common law duty of care owed to purchasers of houses by valuers to exercise skill and care in valuing houses…

…The common law liability for trespass was strict: “No man shall be excused for a trespass Except it may be judged utterly without his Fault” (WEAVER V.…

…Registered land, however, by section 163 of the Act is subject to the “common law of England, as modified by equity” which brings in the equitable doctrines of implied, constructive and resulting trusts.…

…That is not so for the first defendant has a common law duty to ensure that the pipe was safely maintained and remove it, at reasonable intervals to check its fitness.…