Earlier reported cases judgments 1972

Date	Case	Cited by
15 Nov 1972	McGhee v National Coal Board [1973] 1 WLR 1 Where an employer negligently omits a precaution that would materially reduce the risk of an industrial disease, and the employee contracts the disease within…	59
18 Oct 1972	Jarvis v Swans Tours Ltd [1973] QB 233 Damages for breach of contract are not confined to financial loss or physical inconvenience where the contract’s object is to provide enjoyment, entertainment…	18
28 Jul 1972	Barnes (R M) v Barnes (K W) [1972] 1 WLR 1381 When fixing maintenance, the court should ordinarily assess a fair contribution without first taking account of social security benefits. Where the parties…	4
19 Jul 1972	Cozens v Brutus (Brutus v Cozens) [1973] AC 854 Where a statute uses an ordinary English word without indicating a special meaning, the word bears its ordinary meaning. Whether proved facts fall within that…	55
22 Jun 1972	Spartan Steel & Alloys Ltd v Martin & Co (Contractors) Ltd [1973] QB 27 In negligence, financial loss caused by an interruption of electricity is irrecoverable where it stands independently of physical damage. The claimant may…	14
22 Jun 1972	Hussey v Palmer [1972] 1 WLR 1286 A non-gratuitous contribution towards building an extension to another person's home may create an equitable proprietary interest where the legal owner would…
20 Jun 1972	Central Estates (Belgravia) Ltd v Woolgar (No 2) [1972] 1 WLR 1048 A landlord who, with knowledge of a tenant’s breach of covenant, demands and accepts rent accruing after the breach unequivocally elects to affirm the lease…	10
15 Jun 1972	White v Blackmore [1972] 2 QB 651 An occupier may, where otherwise legally free to do so, exclude the statutory common duty of care under section 2(1) of the Occupiers Liability Act 1957 by…	5
9 May 1972	Launchbury v Morgans (Morgans v Launchbury) [1973] AC 127 A motor vehicle owner is vicariously liable for another person's negligent driving only where the driver acts as the owner's servant in the course of…	5
3 May 1972	Alphacell Ltd v Woodward [1972] AC 824 A person causes polluting matter to enter a stream where, applying ordinary commonsense, that result is attributable to the person’s deliberate operation or…	10
13 Apr 1972	Bolton v Mahadeva [1972] 1 WLR 1009 In a lump-sum contract, complete performance is not the only route to payment. A contractor who has substantially performed may recover the contract price…	2
27 Mar 1972	In re Baden’s Deed Trusts (No 2) [1973] Ch 9 A discretionary trust is tested by the same certainty-of-objects standard as a fiduciary power. The trust need not fail because it is difficult to prove the…	3
15 Mar 1972	Lord Advocate v Babcock & Wilcox (Operations) Ltd [1972] 1 WLR 488 For selective employment payments, an employee’s employment is the work performed under the contract of employment. Employment is carried out from the…	1
23 Feb 1972	Broome v Cassell & Co Ltd (Cassell & Co Ltd v Broome) [1972] AC 1027 Exemplary damages remain available only within the restricted categories recognised in Rookes v Barnard [1964] AC 1129. For profit-motivated wrongdoing, the…	85
16 Feb 1972	Santos v Santos [1972] Fam 247 For divorce purposes, living apart ordinarily requires more than physical separation. The court must examine whether the parties recognise the marriage as…	5
16 Feb 1972	Herrington v British Railways Board (British Railways Board v Herrington) [1972] AC 877 An occupier does not owe a trespasser the statutory common duty owed to a lawful visitor, nor a general duty to make land safe or childproof. A limited…	34
16 Feb 1972	Dingle v Turner [1972] AC 601 A trust for the relief of poverty may be charitable although its beneficiaries are linked by employment, membership or family relationship. In the poverty…	1
3 Feb 1972	W J Alan & Co Ltd v El Nasr Export and Import Co [1972] 2 QB 189 A seller who accepts and uses a non-conforming letter of credit may thereby vary the underlying sale contract or waive the right to insist on its original…	9
13 Jan 1972	Dymond v Pearce [1972] 1 QB 496 Parking a large vehicle on a highway for a substantial period, for the driver's convenience and without any special right or justification, may constitute a…	3