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on the terms that the dealer would keep it while
the proposal form went forward to the finance
company and on the footing that if the transaction
were accepted by the company it would form tht
initial instalment. But as between the dealer and
the finance company it formed part payment for
the car which the Company was purchasing from
him. If the transaction did not go through the
dealer held the sum or its equivalent for the hire
purchaser not because he was the agent of the
finance company but because it was a cash sum
deposited with him (the dealer) for a car which
he was going to buy.
(Branwhite v. Worcester Works Finance.
The
Times,
llth July 1968).
Specific performance, part performance of con
tract
W. a widow aged about 67 was an old friend of
B's deceased wife and lived in a flat about half
a mile from B's home. After the death of B's
wife B being 72 years of age and in poor health
she cleaned the house and generally looked after
him. In 1964 B made an offer that if W. would
move in and live at his home giving up the occu
pation of her flat to look after his house for
the rest of his life she would have the house and
contents on his death. It was eventually agreed
that W. should move into the house and should
have exclusive possession of one room, pay for
her food and fuel, and should not receive any
wages or salary. In December 1964 she moved
into B's house having disposed of her flat. W. did
all that was contemplated by the arrangement. B.
died in February, 1966 without having made any
arrangement regarding the house in W's favour.
W. issued a writ against B's executors claiming
specific performance of the agreement. The Ques
tion arose as
to whether there were sufficient
acts of part performance to make the oral agree
ment enforceable.
It was held that to constitute sufficient Part
Performance the acts must be referable to some
contract and such that they might be
to
the
alleged one; and they must be acts which prove
the existence of some contract and were consis
tent with the contracts alleged. The acts per
formed by W. were sufficient and raised an equity
in her favour and she was entitled to an order for
specific performance.
(Wakeham v. Mackenzie 112. S. J. 504).
Negligence, remoteness of damage
Due to the negligent driving of the defendant's
servant a firehydrant on an industrial estate was
damaged. As a result the main water supply had
to be stopped some hours but the plaintiff's fac
tory had its water supply cut off and lost a day's
work. Held that the defendants were not liable in
negligence to the plainti's since the latter having
no propriety interest in the hydrent were affected
consequentially rather than directly by the de
fendant's negligence.
(Electrochrome, Ltd. v. Welsh Plastics Ltd.,
[1968] 2 All E.R. 205).
Landlord and Tenant Fire Insurance
A lease contained a covenant by T to repay L
the costs of insuring premises. L arranged a policy
at Lloyds. T. obtained a quotation for an iden
tical Lloyd's policy at a premium less by nearly
£200 per annum. T now claimed that he was
liable under the covenant to pay merely the lesser
sum on the ground that it was an implied term of
the lease that L in placing the insurance would
act reasonably and not place an unnecessary
burden on T.
It was held that terms would not be implied
into the lease merely because it was reasonable
to do so but only if it was necessary in order to
make the contract work. T was therefore liable
to repay the larger Premium which L had ex
pended.
(Bandar Property Holdings Limited v. J. S.
Darwen (successors) )Ltd. [1968] 2 All E.R. 305).
Extradition Act, 1956
Geoffrey George Magee sought a Habes Corpus
order to prevent his being extradited to Nor
thern Ireland in relation to an attempted house
breaking charge. Magee told the Court that he
had been arrested on several occasions in Nor
thern Ireland under the Special Powers Act and
had been questioned about a raid on Hollywood
barracks. He stated also that his home had been
raided and that he had been before a Court in
Belfast on an arms charge. He said
that the
Northern Ireland police might charge him with
conspiracy in the raid on Hollywood barracks as
there were photographs which would associate him
with it.
The President declined to receive a letter from
the Inspector General of the Royal Ulster Cons
tabulary on the grounds that it was not an oath.
In his judgment the President stated that if he
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