Haseldine v C.A. Daw & Son Ltd [1941] 2 KB 343

Citation:Haseldine v C.A. Daw & Son Ltd [1941] 2 KB 343

Rule of thumb:What happens if there is no primary source of law to win a case, such as no case law, no statute, and the common law does not help either? If customs, public opinion, and expert evidence all supports the case, then in exceptional circumstances the legal argument can still be upheld.

Judgment:

‘The common law has throughout its long history developed as an organic growth, at first slowly under the hampering restrictions of legal forms of process, more quickly in Lord Mansfield’s time, and in the last one hundred years at an ever-increasing rate of progress as new cases, arising under new conditions of society, of applied science, and of public opinion, have presented themselves for solution by the courts.’ Scott LJ

Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.