All Cases

Module 1:

No. Case About Facts

1. Winterbottom v. Wright Privity of Contract
came in

Module 3: Justifications and General Defences

No. Case About Facts

1. Pitts v. Hunt (1990) Ex turpi causa non
Motorcycle underage
oritur actio (plaintiff
driving without
the wrongdoer) license + alcohol =
rash driving
2. Patel v. Mirza (2016) Same as above Betting on share
prices of banks
3. Mahinder Nath Mukherjee v. Vis Major Meaning of Act of
Mathuradas Chatrabhuj (1946) God
4. Tennant v. Glasgow (1866) Vis Major Concept accepted in
this case
5. Nichols v. Marsland (1876) Vis Major Damming natural
flow of river +
excessive rainfall =
embankments
breaking, fast water
flow + breaking of 4
bridges
6. Bird v. Holbrook Excessive force for Spring guns any
land, Private defence without notice
+ plaintiff the
wrongdoer
7. Ramanuja Mudali v. M. Gangan Excessive force for Live wire
land, Private Defence
8. Collins v. Renison Excessive force for Ladder
land, Private Defence
9. Creswell v. Sirl Force for property, Dog + shooting + herd
Private Defence (court of appeal)

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10. Consolidated Co. v. Curtis Mistake Auctioned off goods
in good faith  turned
out to be someone
else’s goods
11. Leigh v. Gladstone Reasonable, Necessity Prisoner force feeding
12. Cope v. Sharpe Reasonable, Necessity Shooting rights - fire
13. Carter v. Thomas Unreasonable, Trespass for fire –
Necessity fireman present
14. Kirk v. Gregory Unreasonable, Jewellery moving
Necessity after death by sister in
law and then stolen by
another
15. Vaughan v. Taff Valde Rail Co. Incidental harm, Sparks from railway
Statutory Authority  woods catching fire
16. Hammer Smith Rail Co. v. Brand Incidental harm, Smoke, noise and
Statutory Authority vibrations 
depreciation in value
of property
17. Smith v. London and South Western Negligence, Statutory Grass and hedges near
Railway Co. Authority tracks  sparks 
wind  cottage on
fire
18. Metropolitan Asylum District v. Hill Conditional Small pox hospital 
Authority, Statutory residential area
Authority.
19. Rex v. Newport (Salop) Justices Authority of School rule  no
schoolmaster, Parental smoking  public
and Quasi-Parental smoking  school
Authority punishment
20. Hall v. Brooklands Auto racing Club Implied consent, Motor car race
VNFI valid spectator  car
thrown into audience
21. Padmavati v. Dugganaika VNFI valid + 2 strangers took lift 
Inevitable accident bolt gave way  jeep
toppled
22. Wooldridge v. Sumner VNFI valid Photographer at horse
show  fell onto
horse’s path (duty of
care not skill)
23. Thomas v. Quartermaine VNFI valid Brewery  lid of
boiling vat pulled
24. Illot v. Wilkes VNFI valid Spring guns with
notice (trespass)
25. Laxmi Rajan v. Malar Hospital Ltd. Free Consent, VNFI Lump in breast 
uterus removed
26. Hegarty v. Shine Consent obtained by Venereal disease
fraud (not), VNFI + ex transferred 
turpi causa non oritur paramour
actio

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 27. R. v. Williams Consent obtained by Music teacher  16
fraud, VNFI (mistake year old girl
on nature of act)
28. R. v. Clarence Consent obtained by Venereal disease 
fraud (not), VNFI husband-wife
29. Bowater v. Rowley Regis Mere knowledge not = Cart driver  bolting
Corporation consent, VNFI horse
30. Smith v. Baker Mere knowledge not Drill for cutting rock
consent, VNFI  rock fell on head
31. Imperial Chemical Industries v. Contravention of Brothers in quarry on
Shatwell statutory provisions/ explosive
employer’s orders,
VNFI
32. Dann v. Hamilton Contravention of Lady took ride from
statutory provisions/ drunk man 
employer’s orders, negligent driving
VNFI

Module 5: Negligence

No. Case About Facts

1. Jacob Mathew v. State of Punjab Meaning, Negligence Constituents
2. Donoghue v. Stevenson (1) Duty of Care, Ginger beer  snail
(Winterbottom v. Wright Negligence
overturned) (2) Privity of Contract
3. Booker v. Wenborn Duty of care Door of train open
(reasonable
foreseeability of
injury), Negligence
4. Ishwar Devi v. UoI Duty of care Man stepping onto
(Reasonable footboard of bus 
foreseeability of conductor signal
injury), Negligence
5. Bolton v. Stone Remote possibility, Batsman hit ball onto
Duty of Care, highway
Negligence +
Nuisance
6. Ryan v. Youngs No liability when no Servant died while
foreseeability, Duty of driving
Care, Negligence.
7. K. Nagireddi v. State of Andhra Importance of object Orchard + Canal
Pradesh of act, Breach of duty
of Care, Negligence
8. Veeran v. Krishnamoorthy Magnitude of risk Kids crossing road 
involved, Breach of lorry hit one
duty of Care,
Negligence

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9. Glasgow v. Taylor Magnitude of Risk, Poisonous berries
Breach of duty of care,
Negligence +
10. Klaus Mittelbachert v. East India Amount of 5 star hotel
Hotels Ltd. consideration for swimming pool
service, Breach of duty paralysis
of care, Negligence +
11. Morgan v. Sim Proof of Negligence: Proof of negligence
Res ipsa loquitur,
Negligence
12. Byrne v. Boadle Res ipsa loquitur, Barrel – warehouse –
Negligence plaintiff on street
13. Scott v. London Docks Res ipsa loquitur, Merchandise – crane –
Negligence fastenings - plaintiff
14. Chief executive Officer, CESCO v. Res ipsa loquitur, Live wire at lower
Prabhati Sahoo Negligence height - power supply
not cut off
15. A.H. Khodwa v. State of Res ipsa loquitur, Sterilization operation
Maharashtra Negligence – mop – death
16. RSRTC v. Smt. Sagar Bai Res ipsa loquitur not Bus accident -
applicable, Negligence mechanical failure –
no negligence of bus
driver

Module: Defamation

1. Noor Mohd. v. Mohd. Jiauddin Defamation Bridegroom and

father refuse to take
bride home
2. Youssoupoff v. MGM Pictures Ltd. Cinematographic film, Princess  rape
libel & slander, seduction relation 
English Law man  film
3. Parvathi v. Mannar Indian Law, Libel and Proof of special
Slander damage not needed in
India
4. DP Choudhary v. Manjulata Indian Law, Libel 17 yo – ran away with
guy – news paper
5. Ram Jethmalani v. Subramaniam Statement should be Rajiv Gandhi
Swamy defamatory, Essentials assassination
6. South Indian Railway Co. v. Statement should be “I think you are
Ramakrishna defamatory, Essentials travelling with the
wrong ticket.”
7. Capital and Counties Bank v. Henty Innuendo, Essentials Circular sent by
and Sons plaintiff  cheques of
defendant bank not
applicable,
8. Cassidy v. Daily Mirror Newspaper Innuendo, Essentials Mr. and Mrs. Cassidy
Ltd.

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9. Hulton Co. v. Jones Statement must refer Fictional article
to plaintiff, Essentials
10. T.V. Ramasuha Iyer v. A.M.A. Statement must refer Same name –
Mohindeen to plaintiff, Essentials agarbathi + opium
export – Ceylon
11. Dhirendra Nath Sen v. Raja Kanti Defamation of a class Defamation of
Bhadra of persons, Statement spiritual head –
must refer to the member of
plaintiff, essentials community can’t
bring action
12. Mahendra Ram v. Harnandan Statement must be Defamatory letter in
Prasad published Urdu
13. Arumuga Mudaliar v. Annamalai Statement must be Joint tortfeasors
Mudaliar published
14. Prameela Ravindran v. P. Injunction, Statement Marriage of 2 people
Lakshmikutty Amma must be published challenged –
defendant sent letters
about their marriage
to people =
defamation
15. Theaker v. Richardson Communication of Letter calling plaintiff
Defamatory matter of a prostitute opened by
one spouse to another, plaintiff’s husband =
Statement must be defamation.
published
16. Emmens v. Pottle Repetition of Newspaper vendors –
defamatory matter, copies of publication
statement must be containing
published defamatory matter –
not liable
17. Gurbachan Singh v. Babu Ram Supplier of wrong Held that if wrong
info, published info given by reporter
statement to editor, editor liable.
18. Alexander v. North Eastern Railway Justification of truth, 1 pound fine + 14 days
Defences jail alternately for
travelling without
ticket – published
notice – 1 pound fine
+ 3 weeks jail – not
liable
19. Radheshyan Tiwari v. Eknath Justification of truth, Editor, publisher,
defences printer published
series of articles –
plaintiff = corrupt,
issues false
certificates, takes
bribe, etc – couldn’t
prove truth - liable

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20. Gregory v. Duke of Brunswick Comment must be fair, Plaintiff, an actor got
fair comment, onto stage of theatre –
defences hissed and hooted at
by defendant and
others – hissing and
hooting after
conspiracy = not fair
comment - actionable
21. Jiwan Mal v. Lachhman Das Absolute Privilege “compromise cannot
happen because Jiwan
mal is in the way. He
has looted the entire
of Dinanagar and sets
up false cases.” In
court proceedings –
liable
22. Reynolds v. Times News Papers Ltd. Qualified Privilege article in Ireland 
republished in UK
without explanation
 qualified privilege
rejected but concept
came from here
23. Radheshyam v. Eknath Qualified Privilege Refer above

Module: Nuisance

1. Dr. Ram Raj Singh v. Babulal Private nuisance Brick grinding

(Special damages), machine – doctor –
Public Nuisance dust, pollution, red
coating on clothes
2. Campbell v. Paddington “ “ Plaintiff’s had had
Corporation view to King Edward
VII’s procession on
public highway - took
money let people sit in
her building to watch
– corporation created
stand blocking view -
liable
3. Winterbottom v. Lord Derby ““ Blocked public
footway – extra
expenses to use
another route – public
nuisance, no special
damages
4. Radhey Shyam v. Gur Prasad Unreasonable Establishment of flour
interference, mill in plaintiff’s
premises – noise bad

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 essentials, private health – permanent
nuisance injunction granted
5. Shanmughavel Chettiar v. Shri “ “ Ginning farm license
Ramkumar Ginning Farm granted (investments
made large amt.) –
thereafter brick kiln
license granted –
nuisance in future –
dust, pollution 
quality of cotton –
wind, sparks  fire in
Ginning Farm (1st
case where right to
injunction before
occurrence of
nuisance recognised)
6. Robinson v. Kilvert Sensitive Plaintiff, Plaintiff had brown
Unreasonable paper warehouse in
interference the building –
defendant created heat
in the lower part of
same building –
brown paper dried and
quality degraded –
plaintiff had sensitive
business – defendant
not liable
7. Health v. Mayor of Brighton Sensitive Plaintiff, Trustees of Brighton
Unreasonable Church sued
Interference defendant for his
power-station created
a buzzing noise –
injunction not granted
because noise did not
annoy anyone nor
distract attention of
church attendees
8. Stone v. Bolton Nuisance connotes Ball on highway
state of affairs,
unreasonable
interference, Nuisance
+ Negligence
9. Dollman v. Hillman Ltd. Nuisance does not Plaintiff slipped on fat
connote state of outside butcher’s shop
affairs, unreasonable
interference
10. Mayor of Bradford Corp. v. Pickles Malice (reasonable Defendant dug
interference), excavations on own
Unreasonable land – water flowing
interference to plaintiff’s land in

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 channels, discoloured
and diminished –
defendant did it out of
malice so that plaintiff
would buy his land at
a high price – not
liable
11. Christie v. Davey Malice (unreasonable Irritated by music
interference), lessons by plaintiff
unreasonable (music teacher),
interference defendant maliciously
started hammering
against the wall,
beating trays,
whistling and
shrieking - liable
12. St. Helen’s Smelting Co. v. Tipping Injury to property,
Interference to
enjoyment of land
13. Stroyan v. Knowles Right to support to Damage to plaintiff’s
land and buildings, factory – withdrawal
Incorporeal property, of support to land by
itel neighbour – due to
mining operations –
factory’s weight not
contributing - liable
14. Dalton v. Angus Right to support by Plaintiff + defendant
grant or prescription had adjoining houses
– lateral support to
land – plaintiff
demolished and built
factory requiring
more lateral support –
20 years later
defendant demolished
house and started
excavations – factory
damaged – 20 years
prescriptive rights -
liable
15. Fay v. Prentice Damage, Essentials, Cornice projecting
Private Nuisance into plaintiff’s land –
rainwater :. Falling on
plaintiff’s land –
damage – no need to
prove damage - liable
16. Dwyer v. Mansfield Nuisance on public Queue outside potato
highway (reasonable), shop – scarcity of
Damage potato – not liable
cause normal trade

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17. Sturges v. Bridgman Prescriptive Right, Confectioner +
effective defences kitchen + noise with
mortars and pestles –
initially not nuisance
– plaintiff builds
physician’s
consulting chamber +
nuisance caused –
injunction granted
18. Vaughan v. Taff Vale Rail Co. Statutory Authority, Sparks from rail
effective defences + tracks – fire to
General Defences defendant’s woods –
no negligence, due
care – not liable for
nuisance
19. Thorpe v. Burmfit Nuisance due to acts of 100s of people left
others, ineffective wheelbarrows in one
defences place – 1 could not
alone cause nuisance
– any one of the
person however, can
be liable
20. Shelter v. City of London Electric Public good, Building powerhouse
Co. ineffective defence – vibrations damage
to plaintiff house
21. Rappier v. London Tramways Co. Reasonable care, 200-horse stable –
ineffective defence stench - liable
22. Bills v. Hall Plaintiff coming to Stench from
place of nuisance, defendant’s tallow-
ineffective defence chandlery – business
going for 3 years -
liable