The cases of Pinnel's Case ((1602), 5 Co Rep 117a) and Foakes v Beer ([1881–85] All ER Rep 106) were ‘applied’.

The cases of Pinnel’s Case ((1602), 5 Co Rep 117a) and Foakes v Beer ([1881–85] All ER Rep 106) were ‘applied’.

 

Explain what is meant by the legal term ‘applied’. Give an example from another case apart from this one.
(2 Marks)

iii) Explain the meaning of the Latin terms;

a) “nudum pactum”
b) “Cur adv vult” , (2 Marks)

Question 2 (part b)

i) What decision was reached by His Honour Judge Trapnell on the ‘preliminary issue’ given on 5 May 1965, at Shoreditch County Court?
(2 marks)
ii) Upon which two disputed points did the appellant base their appeal against the decision reached by His Honour Judge Trapnell on the ‘preliminary issue’?
(2 Marks)

iii) The court consulted two volumes of Halsburys Laws;

a) Why did the court consult volume 8 HALSBURY’S LAWS (3rd Edn.)?

b) Why did the court consult volume 15 HALSBURY’S STATUTES (3rd Edn.)?

(2 Marks)
Question 2 (part c)

In his judgment, Lord Denning MR makes reference to a number of cases;

i) What does the legal principle in Central London Property Trust v High Trees House Ltd. illustrate?
(5 Marks)

ii) Explain the legal reasoning Lord Denning uses to reach his decision as to whether or not the building firm could sue for the outstanding amount owed.

(5 Marks)
Question 2 (part d)

The case of Goddard v O’Brien was commented upon by all three judges.
Clearly explain why all three judges came to the conclusion they did about the case of Goddard v O’Brien.
(10 Marks) (300 words)

Question 2 (part e)

Concisely explain why Equity evolved as a source of English Law.
(20 Marks) (600 words)

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