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Rattlesdene v Grunestone

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This is an old revision of this page, as edited by Ulcerspar12 (talk | contribs) at 16:55, 8 April 2015 (added Category:1317 in England using HotCat). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

Rattlesdene v Grunestone (YB 10 Edw II (54 SS) 140) is a 1317 case in English law.

Facts

The plaintiff claimed that the defendant had sold him a bottle of wine but, before delivery, drew off much of the wine and replaced it with salt water.[1]

Commentary

The academics Mark Lunney and Ken Oliphant argue that in reality the case was likely the result of a shipping accident with the facts fabricated to allow the court to circumvent the vi et armis requirements which required that loss be suffered 'with force and arms' if a claim was to be brought.[2]

See also

References

  1. ^ Handford, P. (2010) 'Intentional Negligence: A Contradiction in Terms?, Sydney Law Review, p. 34
  2. ^ Lunney, M. and Olipant, K. (2013), Tort Law: Texts and Materials, Oxford: Oxford University Press, p. 5
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