Case Laws

Government Of The State Of Negeri Sembilan v Yap Chong Lan & Ors. & Another Case [1984] 1 CLJ (Rep) 144

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Jul 265 min read

Government Of The State Of Negeri Sembilan v Yap Chong Lan & Ors. & Another Case [1984] 1 CLJ (Rep) 144

No land can be acquired by possession, unlawful occupation or occupation under any license. Facts of the Case The respondents used to...

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The Royal British Bank v Turquand (1856) 6 El and Bl 327

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Apr 24, 20232 min read

The Royal British Bank v Turquand (1856) 6 El and Bl 327

Turquand’s rule also known as the indoor management rule originates from this case. Facts of the Case The plaintiff (the Royal British...

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Cubic Electronics Sdn Bhd v Mars Telecommunications Sdn Bhd [2019] 2 MLRA 83

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Aug 14, 20229 min read

Cubic Electronics Sdn Bhd v Mars Telecommunications Sdn Bhd [2019] 2 MLRA 83

The Federal Court in this case resolved the issue relating to forfeiture of deposit paid in a sale and purchase agreement in relation to...

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Macaura v Northern Assurance Co Ltd [1925] AC 619

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Apr 17, 20222 min read

Macaura v Northern Assurance Co Ltd [1925] AC 619

A company is a separate legal entity. Its shareholders and creditors do not own the company’s assets. Facts of the Case Mr Macaura (the...

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Sidek Bin Haji Muhamad & 461 Ors v The Government of the State of Perak & Ors [1982] 1 MLJ 313

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Mar 17, 20223 min read

Sidek Bin Haji Muhamad & 461 Ors v The Government of the State of Perak & Ors [1982] 1 MLJ 313

Leading case on squatter’s rights in Malaysia Facts of the Case In 1950, the Appellants came to Teluk Intan, Perak and open up a large...

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Mohd Fariq Subramaniam v Naza Motor Trading Sdn Bhd [1998] 6 MLJ 193

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Nov 28, 20217 min read

Mohd Fariq Subramaniam v Naza Motor Trading Sdn Bhd [1998] 6 MLJ 193

The High Court in this case recognised the concept of economic duress. Facts of the Case The defendant held 50 taxi permits for operation...

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Aron Salomon v A. Salomon & Co Ltd [1897] AC 22

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Sep 5, 20214 min read

Aron Salomon v A. Salomon & Co Ltd [1897] AC 22

This is a UK landmark case on the doctrine of corporate personality which gives a company a legal distinct entity from its shareholders....

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Segar Restu (M) Sdn Bhd v Wong Kai Chuan & Anor [1994] 4 CLJ 757

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Jul 13, 20213 min read

Segar Restu (M) Sdn Bhd v Wong Kai Chuan & Anor [1994] 4 CLJ 757

The High Court granted the plaintiff’s application for a summary judgment in an action for trespass and awarded damages even though...

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Bun Fui Min & Anor v Seliang ak Tuah [2010] 9 MLJ 707

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Jul 7, 20216 min read

Bun Fui Min & Anor v Seliang ak Tuah [2010] 9 MLJ 707

The High Court dismissed the appeal and refused to invoke Order 1A to overlook appellants' failure to serve the notice of appeal within...

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Tay Seng Yong v Heng Shu Hui & Anor [2020] 1 LNS 54

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Jun 23, 20215 min read

Tay Seng Yong v Heng Shu Hui & Anor [2020] 1 LNS 54

The High Court held that a purchaser who has paid the full purchase price of a property has the equivalent privilege of a legal owner...

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MIFF Sdn Bhd v Kuala Lumpur & Selangor Furniture Entrepreneur Association and Ors [2010] MLJU 1216

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Jun 9, 20214 min read

MIFF Sdn Bhd v Kuala Lumpur & Selangor Furniture Entrepreneur Association and Ors [2010] MLJU 1216

The Court held that descriptive wordings of common and geographical reference are public source which all traders in the business can use...

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Thay Chee Huat & Anor v Yeng Chong Realty Bhd [2021] 5 CLJ 127

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May 30, 202110 min read

Thay Chee Huat & Anor v Yeng Chong Realty Bhd [2021] 5 CLJ 127

The High Court held that when the fundamental terms of a contract had been breached, the party not in default can allow the party in...

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Holland and Another v Hodgson and Another [1872] LR 7 CP 328

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May 14, 20213 min read

Holland and Another v Hodgson and Another [1872] LR 7 CP 328

This case laid down the principle to distinguish between fixtures and chattels Facts of the Case George Mason, who was the owner of a...

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Goh Teng Whoo & Anor v Ample Objectives Sdn Bhd

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Apr 2, 20219 min read

Goh Teng Whoo & Anor v Ample Objectives Sdn Bhd

The Federal Court had ruled on 5 March 2021 that AR card confirming the defendant’s receipt needs to be exhibited to obtain a JID against...

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McCurry Restaurant (KL) Sdn Bhd v McDonalds Corporation [2009] 3 MLJ 774

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Mar 16, 20215 min read

McCurry Restaurant (KL) Sdn Bhd v McDonalds Corporation [2009] 3 MLJ 774

This is a case where the fast food giant McDonald’s sued a small Indian restaurant and loses the legal battle on the exclusivity to use...

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Rohasassets Sdn Bhd v Weatherford (M) Sdn Bhd & Anor [2020] 1 CLJ 638

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Feb 28, 20218 min read

Rohasassets Sdn Bhd v Weatherford (M) Sdn Bhd & Anor [2020] 1 CLJ 638

Landlord can claim double rent from the tenant upon the expiry of the notice to quit if the tenant failed to deliver vacant possession....

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Foo Fio Na v Dr Soo Fook Mun & Anor [2007] 1 CLJ 229

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Feb 3, 20216 min read

Foo Fio Na v Dr Soo Fook Mun & Anor [2007] 1 CLJ 229

The Federal Court in this case had rejected the Bolam test and applied Roger v Whitaker. Note: The test in Rogers v. Whitaker followed by...

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Maria Chin Abdullah v Ketua Pengarah Imigresen & Anor

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Jan 28, 202117 min read

Maria Chin Abdullah v Ketua Pengarah Imigresen & Anor

The Federal Court in this case deals with the constitutionality of section 59 and 59A of the Immigration Act 1959/63. Facts of the Case...

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PJD Regency Sdn Bhd v Tribunal Tuntutan Pembeli Rumah & Anor and Other Appeals [2021] 1 LNS 9

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Jan 21, 202115 min read

PJD Regency Sdn Bhd v Tribunal Tuntutan Pembeli Rumah & Anor and Other Appeals [2021] 1 LNS 9

This is a summary of the Federal Court judgment dated 19 January 2021. It is now settled law that the date for calculation of liquidated...

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Jan 5, 20214 min read

Rogers v Whitaker [1992] 175 CLR 479

This case rejected the Bolam Test to be applied on the duty and standard of care of a medical practitioner in providing advice to a...

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Bolam v Friern Hospital Management Committee [1957] 1 WLR 582

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Dec 30, 20205 min read

Bolam v Friern Hospital Management Committee [1957] 1 WLR 582

This case established the Bolam test which is the basic rule for professional negligence. See also Rogers v Whitaker [1992] 175 CLR 479...

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University of London Press, Limited v University Tutorial Press, Limited [1916] 2 Ch 601

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Dec 17, 20205 min read

University of London Press, Limited v University Tutorial Press, Limited [1916] 2 Ch 601

This is a landmark case which define the phase “literary work" and the concept of “originality of ideas” Facts of the Case The University...

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Mat v Public Prosecutor [1963] 1 MLJ 283

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Dec 9, 20201 min read

Mat v Public Prosecutor [1963] 1 MLJ 283

The Court held that in a criminal trial, the burden of proof lies on the prosecution to prove the accused’s guilt. The accused is...

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Perwira Affin Bank Bhd v Lim Ah Hee [2004] 2 CLJ 787

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Dec 8, 20204 min read

Perwira Affin Bank Bhd v Lim Ah Hee [2004] 2 CLJ 787

The Federal Court held that arrears of interest are recoverable up to six years after date of judgment in a bankruptcy proceeding. Facts...

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Anton Piller KG v Manufacturing Processes Ltd and Others [1976] Ch. 55

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Nov 27, 20204 min read

Anton Piller KG v Manufacturing Processes Ltd and Others [1976] Ch. 55

This is the case which established the Anton Piller order. Facts of the Case The appellant (Anton Piller KG) is a German Manufacturers of...

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Nov 25, 20205 min read

Woolmington v DPP [1935] AC 462

This is a landmark case which held that in a criminal trial, the prosecution has the burden to prove his case beyond reasonable doubt....

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Nov 19, 20207 min read

Teh Bee v K Maruthamuthu [1977] 2 MLJ 7

This is a landmark case which emphasize the importance of the registration of a land title. Facts of the Case The appellant (Teh Bee) was...

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Penerbit Fajar Bakti Sdn bhd v Cahaya Surya Buku Dan Alat Tulis [1989] 1 MLJ 386

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Nov 17, 20202 min read

Penerbit Fajar Bakti Sdn bhd v Cahaya Surya Buku Dan Alat Tulis [1989] 1 MLJ 386

This case illustrates that a compilation, a collection or an anthology of literary works are literary works protected by the copyright...

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Southville City Sdn Bhd v Noranisah Mohamed Hisa & Anor and Another Case [2019] 1 LNS 750

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Nov 16, 20207 min read

Southville City Sdn Bhd v Noranisah Mohamed Hisa & Anor and Another Case [2019] 1 LNS 750

The High Court held that the calculation for liquidated damages for late delivery of vacant possession begins from the date of payment of...

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Redland Tiles Ltd & Ors v Kua Hong Brick Tile Works [1966] 2 MLJ 62

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Nov 11, 20202 min read

Redland Tiles Ltd & Ors v Kua Hong Brick Tile Works [1966] 2 MLJ 62

This case illustrate that the Court applied the visual test to determine whether there is an infringement of a registered design. Facts...

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Doreen Tan Ying Ying v Chong Tet On [1986] 1 MLJ 504

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Nov 10, 20202 min read

Doreen Tan Ying Ying v Chong Tet On [1986] 1 MLJ 504

In this case, the Court held that the Development Corporation was not permitted to sell a parking bay independently of an apartment....

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American Cyanamid Co. v Ethicon Ltd. [1975] AC 396

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Nov 9, 20204 min read

American Cyanamid Co. v Ethicon Ltd. [1975] AC 396

This case established the test required to be satisfied before an interlocutory injunction is granted. Facts of the Case The Appellant...

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Tan Ying Hong v Tan Sian San & Ors [2010] 2 MLJ 1

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Nov 4, 20206 min read

Tan Ying Hong v Tan Sian San & Ors [2010] 2 MLJ 1

This case had remedied the interest of all registered proprietors by overruling the decision of Adorna Properties Sdn Bhd v Boonsom...

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Adorna Properties Sdn Bhd v Boonsom Boonyanit @ Sun Yok Eng [2001] 1 MLJ 241

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Nov 3, 20206 min read

Adorna Properties Sdn Bhd v Boonsom Boonyanit @ Sun Yok Eng [2001] 1 MLJ 241

This case held that section 240(1) of the National Land Code confers an immediate indefeasible title or interest in land upon...

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Bernstein of Leigh (Baron) v Skyviews & General Ltd. [1978] QB 479

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Oct 30, 20204 min read

Bernstein of Leigh (Baron) v Skyviews & General Ltd. [1978] QB 479

This is a landmark case on the rights of an owner in the air space above his land. Facts of the Case The plaintiff, Sidney Lewis...

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Chin Nam Bee Development Sdn Bhd v Tai Kim Choo & Ors [1988] 2 MLJ 117

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Oct 29, 20203 min read

Chin Nam Bee Development Sdn Bhd v Tai Kim Choo & Ors [1988] 2 MLJ 117

The Court held that the definition of “coercion” under section 73 should be given its ordinary and general meaning. Facts of the Case The...

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Saw Gaik Beow v Cheong Yew Weng & Ors [1989] 3 MLJ 301

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Oct 27, 202010 min read

Saw Gaik Beow v Cheong Yew Weng & Ors [1989] 3 MLJ 301

This case illustrates the situation where the first defendant had failed to prove that the he was under plaintiff’s undue influence....

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Mayban Finance Bhd v Liew Ek Chiu & Ors [1998] 1 CLJ 56

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Oct 21, 20206 min read

Mayban Finance Bhd v Liew Ek Chiu & Ors [1998] 1 CLJ 56

This case illustrates the situation where the wife failed to prove that undue influence has been exerted by her husband as alleged. Facts...

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Wong Hon Leong David v Noorazman bin Adnan (1995) 3 MLJ 283

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Oct 15, 20205 min read

Wong Hon Leong David v Noorazman bin Adnan (1995) 3 MLJ 283

This case illustrates that an exchange of mutual promises although it is executory consideration, is a good consideration. Facts of the...

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Brogden v Metropolitan Railway Company (1877) 2 App.Cas. 666

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Oct 12, 20205 min read

Brogden v Metropolitan Railway Company (1877) 2 App.Cas. 666

This case established that a contract can be accepted by the conduct of the parties. Facts of the Case The Appellants (Brogden & Co.)...

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Innab Salil & Ors v Verve Suites Mont Kiara Management Corporation [2020] 10 CLJ 285

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Oct 7, 202013 min read

Innab Salil & Ors v Verve Suites Mont Kiara Management Corporation [2020] 10 CLJ 285

This is a summary of the Federal Court judgment dated 5 October 2020 which holds management corporations of a residential strata building...

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Oct 5, 20202 min read

Adams v Lindsell (1818) 106 ER 250

This case established the rule for acceptance of an offer in postal rule. Facts of the Case The plaintiffs were woollen manufacturers...

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Oct 3, 20202 min read

Felthouse v Bindley [1862] 142 ER 1037

This is a leading case which illustrate the principle that silence cannot amount to acceptance. Facts of the Case The plaintiff,...

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Melewar Leisure Sdn Bhd v Danaharta Managers Sdn Bhd [2010] 6 MLJ 317

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Sep 2, 20205 min read

Melewar Leisure Sdn Bhd v Danaharta Managers Sdn Bhd [2010] 6 MLJ 317

This is a Court of Appeal case which illustrate the situation where the defendant failed to raise any triable issues to dismiss the...

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Loganathan Maniam v Murphy Sarawak Oil Co Ltd [2020] 2 ILR 275

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Aug 18, 20207 min read

Loganathan Maniam v Murphy Sarawak Oil Co Ltd [2020] 2 ILR 275

This is a case regarding a dismissal of an employee because of misconduct in the workplace. Facts of the Case The claimant had been...

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Peguam Negara Malaysia v. Mkini Dotcom Sdn Bhd & Anor [2020] 1 LNS 338

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Aug 11, 20202 min read

Peguam Negara Malaysia v. Mkini Dotcom Sdn Bhd & Anor [2020] 1 LNS 338

This is the summary for the grounds of judgment for Malaysiakini’s application to set aside the contempt proceedings relates to comments...

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Entores Ltd v Miles Far East Corporation [1955] 2 All ER 493

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Aug 3, 20203 min read

Entores Ltd v Miles Far East Corporation [1955] 2 All ER 493

This is a Common law case on the rule of instantaneous communications in Contracts. Facts of the Case The plaintiffs, Entores Ltd are a...

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Government of Malaysia v Gurcharan Singh & Ors [1971] 1 MLJ 211

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Jul 11, 20205 min read

Government of Malaysia v Gurcharan Singh & Ors [1971] 1 MLJ 211

This is a case on the capacity of an infant to contract Facts of the Case The plaintiff (Government of Malaysia) entered into an...

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Partridge v Crittenden [1968] 2 All ER 421

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Jul 6, 20203 min read

Partridge v Crittenden [1968] 2 All ER 421

This is a case on whether an advertisement in a newspaper constitutes an offer. Facts of the Case The appellant (Partridge) inserted an...

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Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd [1953] 1 All ER 482

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Jul 2, 20202 min read

Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd [1953] 1 All ER 482

This is a case which upheld the legal concept of an invitation to treat. Facts of the Case The defendants carried business in the retail...

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