Landmark Business Law Case Law

Landmark business law cases by category.

Table of Contents:

Go to: ➡ I. Contracts & Commercial Law

• Carlill v. Carbolic Smoke Ball Co. [1893] – Unilateral contracts; offer to the world; acceptance by performance.
• Hadley v. Baxendale (1854) – Remoteness of damage; consequential loss; foreseeability.
• Entores Ltd v. Miles Far East Corp [1955] – Acceptance by instant communication (Telex); place of contract formation.
• Pharmaceutical Society of Great Britain v. Boots Cash Chemists [1953] – Offer and acceptance in a shop; invitation to treat.
• Williams v. Roffey Bros [1991] – Practical benefit; consideration in variation of contracts.
• Balfour v. Balfour [1919] – Domestic agreements; intention to create legal relations.

Go to: ➡ II. Tort Law (Business/Commercial Context)

• Donoghue v. Stevenson [1932] – Neighbour principle; duty of care in negligence; product liability.
• Hedley Byrne v. Heller [1964] – Economic loss; negligent misstatement; liability for advice.
• Rylands v. Fletcher (1868) – Strict liability; escape of dangerous things; nuisance.

Go to: ➡ III. Company Law & Corporate Personality

• Salomon v. Salomon & Co. [1897] – Separate legal personality; corporate veil; principle of limited liability.
• Lee v. Lee’s Air Farming Ltd [1961] – Controlling shareholder as employee; separate legal entity.
• Macaura v. Northern Assurance Co [1925] – Shareholder ownership vs. company ownership; insurable interest.
• Adams v. Cape Industries plc [1990] – Piercing the corporate veil; tort liability of parent companies.

Go to: ➡ IV. Director’s Duties & Governance

• Re City Equitable Fire Insurance Co [1925] – Standard of care and skill for directors (historical standard).
• Re Smith & Fawcett Ltd [1942] – Director’s duty to act bona fide in the interest of the company.
• Regal (Hastings) v. Gulliver [1967] – No-profit rule; fiduciary duty; secret profits.
• ACB v. Thomson Reuters [2020] (UK)/SEC v. Texas Gulf Sulphur (1968) (US) – Insider dealing; disclosure obligations.

Go to: ➡ V. Employment & Labor Law

• Ready Mixed Concrete v. Minister of Pensions [1968] – Tests for employee vs. independent contractor.
• Autoclenz v. Belcher [2011] – Worker status; reality of relationship vs. contractual labels.
• P v. NASUWT [2003] – Vicarious liability of employers.

Go to: ➡ VI. Intellectual Property

• A&M Records v. Napster (2001) (US) – Copyright infringement; peer-to-peer file sharing.
• Diamond v. Chakrabarty (1980) (US) – Patentability of living organisms; "anything under the sun that is made by man."
• L’Oréal v. Bellure [2010] (CJEU/UK) – Trade mark infringement; unfair advantage; comparative advertising.

Go to: ➡ VII. Insolvency & Restructuring

• Re Spectrum Plus Ltd [2005] –Characterization of charges (fixed vs. floating); corporate insolvency.

Go to ➡ VIII. Competition/Antitrust Law

• United States v. Microsoft Corp (2001) (US) – Monopolization; tying; antitrust remedies.
• Consten & Grundig v. Commission [1966] (ECJ) – Anti-competitive agreements; effect on trade between member states.

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