Leathley v John Fowler & Company Ltd

JurisdictionEngland & Wales
Date1946
CourtCourt of Appeal
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14 cases
  • Peyman v Lanjani
    • United Kingdom
    • Court of Appeal (Civil Division)
    • April 11, 1984
    ...the additional knowledge that he had such a choice was not necessary: see especially the speech of Lord Simonds at p.189. In Leathley v. John Fowler & Co. Ltd., (1946) King's Bench 579, this court applied the principle laid down by the majority and held that a workman, who accepted payment......
  • Knipe v British Railways Board
    • United Kingdom
    • Court of Appeal (Civil Division)
    • November 5, 1971
    ...the majority of the House of Lords in Young v. Bristol Aeroplane Company (1946) A. C. 163, which was adopted by this Court in Leathley v. John Fowler & Co, Ltd. (1946) 2 A. E. R. 326. It was there held that a man is not to be held to have exercised his option unless he knew that he had an ......
  • The Queen (on the application of Shimei Youngsam) v The Parole Board
    • United Kingdom
    • Court of Appeal (Civil Division)
    • February 27, 2019
    ...that the acceptance of compensation under the Act barred the claim irrespective of the plaintiff's knowledge of his option. 64 In Leathley v John Fowler & Co [1946] KB 579, decided by the Court of Appeal shortly afterwards, the plaintiff did not know of the option to bring a claim at commo......
  • Griffiths v Evans
    • United Kingdom
    • Court of Appeal
    • November 10, 1953
    ...with this matter this Court ought to apply the opinion of the majority. Selwood's case was, therefore, overruled as from that date. Leathley's case was not cited to the learned Judge but I think in considering the question of negligence it is relevant to bear in mind the somewhat unfortunat......
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1 books & journal articles
  • DEMYSTIFYING THE RIGHT OF ELECTION IN CONTRACT LAW
    • Singapore
    • Singapore Academy of Law Journal No. 2006, December 2006
    • December 1, 2006
    ...repudiation. (That was an unequivocal conduct through which their election was communicated). 65 Matthews v Smallwood, supra n 59. 66 [1946] KB 579. 67 Supra n 21, at 501. 68 See references in Chitty on Contracts, supra n 10, vol 1, para 24-003. 69 Allen v Robles [1969] 1 WLR 1193: accordin......

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