chapter
Questions 1 P contracts with D for D to transport P’s very heavy machine from Liverpool to London. D’s lorry arrives at P’s factory and the machine is loaded onto the lorry. However, it is evident to both P’s and D’s employees that the lorry is very overloaded. Nevertheless, the vehicle sets off towards London. On the way, the lorry overturns, owing to the negligence of the driver, and the machine is destroyed in the accident. Can P sue D for damages? (Cf Asmore, Benson, Pease and Co v AV Dawson Ltd [1973] 1WLR 828.) 2 Why should it be the insurance company that profits in the case of smuggled jewellery and not the public authorities? Could not the customs have claimed the money off the plaintiff once he had received it from the insurance company? 3 P, who does not have EU nationality and has entered the UK illegally, is injured while travelling on a bus, owned and run by D, which crashes owing to the negligence of the bus driver. If P tries to sue D for damages, will D have a defence based on illegality? CONTRACT: FINAL OBSERVATIONS
It would be idle to think that three chapters on the law of contract could ever possibly be exhaustive in scope. Indeed, a whole casebook devoted to the subject would, unless it were very large, be hard pressed to be comprehensive. Consequently, the purpose of the last three chapters has been to stress obligational structure, method and technique in problem solving, rather than
Pages 1