What was the reason behind the decision in Smith v Hughes 1871?
The case regarded a mistake made by Mr. Hughes, a horse trainer, who bought a quantity of oats that were the same as a sample he had been shown. However, Hughes had misidentified the kind of oats: his horse could not eat them, and refused to pay for them.
What happened in the Smith v Hughes case?
Issues in Smith v Hughes Mr Smith argued that Mr Hughes had breached the contract as he had not paid for the delivery and future oats to be delivered. The issue in this case was whether the contract could be avoided by Mr Hughes, as Mr Smith had not delivered the type of oats he had expected.
What rule was used in Smith v Hughes?
Held: The court applied the mischief rule holding that the activities of the defendants were within the mischief the Act was aimed at even though under a literal interpretation they would be in a private place.
What is the meaning of Ad Idem?
: in agreement : at a meeting of the minds the parties were ad idem.
Is de facto Latin?
de facto: Latin for “in fact;” often used in place of the word “actual.” de jure: Latin for “from law;” used to mean “lawful” and contrasted with de facto.
Can you ID to a supra?
After providing a full citation of a periodical, you may use “id.” or “supra” in subsequent citations. Use “id.” to refer to periodical material cited in the immediately preceding citation. Otherwise, use the “supra” form (Rule 16.9). ⇒ Example: Llewellyn, supra, at 401-06.
What is the meaning of supra in law?
(sooh-prah) Latin for “above,” in legal briefs and decisions it refers to the citation of a court decision which has been previously mentioned. Thus a case when first cited will be referred to as Guinn v. The next time the case is cited as Guinn v. …
Should de facto be hyphenated?
Occasionally, you might see de facto written with a hyphen between the two words (de-facto). However, this hyphen is unnecessary. De facto comes from Latin, but English speakers have used it for centuries.
What does but CF mean?
The last “anti” signal is but c.f., which serves as the inverse of c.f. Just as c.f. precedes a source that supports a proposition different from the original one but analogous to it, but c.f. is used before a source that supports a proposition that is different from the contrary proposition but analogous to that …
Is ID always italicized?
The period at the end of Id. is always italicized. Id. cannot be used for internal cross references.
What was the case in Smith v Hughes?
Citations: (1870-71) LR 6 QB 597; [1861-73] All ER Rep 632; (1871) 19 WR 1059. The claimant was offering oats for sale, and exhibited a sample of those oats. The defendant took the sample. The next day, he wrote to the claimant offering to buy them for 34s. a quarter.
What was the price of oats in Smith v Hughes?
Mr Smith brought Mr Hughes a sample of his oats and as a consequence of what he had seen, Mr Hughes ordered 40-50 quarters of oats from Mr Smith, at a price of 34 shillings per quarter. To begin with, 16 quarters of oats were sent to Mr Hughes. When they arrived, he said that the oats were not what he had thought they were.
What was the ipsa loquitur in Smith v Hughes?
The claimant was offering oats for sale, and exhibited a sample of those oats. The defendant took the sample. The next day, he wrote to the claimant offering to buy them for 34s. a quarter. The defendant was under the mistaken belief that the oats were old, when in fact they were new oats.
What did Smith and Hughes have in common?
Smith was a farmer while Hughes was a racehorse trainer. Smith showed Hughes a sample of some green oats, and Hughes agreed to buy a large quantity of them. However, Hughes mistakenly thought that they were old oats, which are the ones for racehorses – although he had not discussed this with Smith.