THE CHINA MAIL FRIDAY SUPPLEMENT
IF YOU WERE THE JUDGE
(1)
RTHUR HARRIS and Bertie WHAT WOULD
Baker had a violent quarrel. Bertie swore revenge and told his friends that he was going "to That night he do Arthur in." waylaid Arthur and hit him on the head with a hammer, intend- ing to kill him. Arthur was not seriously injured, but it was de- cided that he must be operated on. As a preliminary to the opera- tion chloroform
adminis- tered.
was
Unfortunately the pati- ent had a weak heart and im- chloro- mediately died from the form. Bertie was charged with murder.
Law: A person who unlawfully kills a human being with the in- tention of killing him is guilty of murder.
Question: Was Bertie guilty of murder?
(2)
а
into Three burglars broke well-known London jeweller's shop, bound and gagged the de- fendant and stole £2,000 worth of The following day the jewellery. jeweller advertised @ £500 ward for information leading to the arrest of the robbers and the recovery of the goods. Black sup-
re-
YOUR
VERDICT BE?
plied the information to the police without knowing of the reward; friend, who
later Grey word, supplied
had read of
the
same information. The criminals were arrested and the Black property duly recovered..
who and Grey quarrelled as to should get the reward, and since the jeweller refused to pay them to some until they could come agreement, the matter went to court.
Law: No contract is binding un- til there has been some offer made and some form of acceptance of that offer.
Question: Should Black get the reward or any part of it, and if not should Grey and his friend get the $500?
A
:
(3) NATIVE woman was busy cultivating beans in her gar- den near the Kruger Park bound- ary when two lions jumped over the gate and mauled her to death.. Sam, her husband, sued the Gov-
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What an injustice! Surely the court couldn't make such “a mistake.” How frequently this remark is heard, probab- ly because people do not re- alise how difficult · many Would cases are to decide. you do any better than the judge? A well-known barris- ter has selected a number of problems that have cropped up
in the courts from time to time for you to test your reasoning powers on.
You are given the facts and the law applicable in each case; deliver your judgment, and then turn to page 17 for the
answer.
His
ernment for £200 damages. counsel argued that owing to the Government's policy of protection the lions had increased to an ex- tent "having no equal in the me- mory of man," and that the au- thorities had taken no steps to fence or enclose the park..
Law: If a person keeps a `dan- gerous animal, like a bull or a pet monkey, on his premises, it is his duty to take proper care of it and not to let it injure others.
Question: Was Sam entitled to any damages?,
(4)
Green, aged 17, and
Fedbe
became betroth-
g to Jewish rites. Old Mr. Green approved of the match. The following day they were married by special licence before themagistrate, and Maggie's fa-" ther who incidentally did not un- derstand English, was present at the ceremony. Unfortunately Alex was obliged to go up-coun- try on the day of the wedding. On his return he and Mr. Green quarrelled about money, and on Maggie's refusing to come away with him he sued her for restitu- tion of conjugal rights. Mr. Green and his daughter both claimed that they thought the ceremony was merely one to re- gister their engagement, and that the marriage would take place in a church later. They asked to have the marriage declared null and void.
Municipality. On his return trip Swart negligently crashed into a cart driven by an old man, Grey, and his son. The old man waɛ- badly injured and sued Swart's. employer, White, for £1,000 dam
ages.
LAW: In general,
is liable for the wrongs of his servant done within the SCOPE® of his master's authority or în the course of his employment..
QUESTION:
the
ployer liable to pay damages?-
LIM SYKES
convicted
Shouse-breaking with tub of
to commit a crime The only evidence against him was that he had been seen in the neighbour- hood at the time of the crime, and that two police dogs had picked him out from among eight people--- sleeping in a hut
LAW: The general rule, in that all facts” relevant to the issue and from which legal in- ferences can be drawn in a case may be proved unless they fall under such exception to rules of evidence as hearsay.
QUESTION: Should magistrate have found guilty on the evidence dogs' behaviour?
(8)
the
Slim
the
Mr.
NAM BLOGGS, who is
White's agent, sold a pig for 278. 6d. to a butcher.
It ap- ́pears that there was some hag- gling over the price near the sty; both parties walked away and came to an agreement some dis- tance away. The butcher paid cash and then ordered his boy to go back and slaughter the animal. A few minutes later Sam's boss, Farmer White, arrived at the sty and sold the pig unknowingly to Farmer Black for 30s. Black roll- Law A minor under the ageed a big stone before the gate to of 21 cannot get married with out the consent of her parents.
Question: Must Alex's wife return to him or is there no mar- riage at all?/
O
(5)
Mr. Brown was accident- ally injured by a shot-gun.
As he lay dying, his will was brought to him to sign. Without troubling to re-read the document he made his cross beneath it, and then expired before the second of the two witnesses......... present had signed it.
Law: The old Cape Ordinance of 1845 says that witnesses must attesti a will in the presence of the testator if it is to be valid.
Question: Should the will be accepted as good?
M
(6)
R. White owned several taxis and had several drivers in his employ. The taxis plied for hire chiefly in the Stellenbosch Municipality, but White could, of course, send the drive anywhere. he liked, however,
them to go anywhere
the
Strand Municipality, as they”
not“ licensed there.
his
drivers,”; Swart, disobeyed his in-
structions and
passeng
place within
Strand
prevent the animal from escap- ing from the sty.
LAW: The ownership of movable goods does not pass
to a buyer unless there is some form of delivery, though this delivery need be only symboli- cal as where a man hands over the key of a car
QUESTION: Should the Court give the pig to the but- cher, or Farmer Black, or to. neither of them?
H
ARRY SMART persuaded his
lady friend, Miss Green to: hand over $800 on the fals, re- presentation that he was going to divorce his wife and would them marry her、 He received the money and then refused to dor anything more about it. Mis Green now sued Smart for return of her £300, and allered that he had not attempted; to ever intended to divorce,
assist the parties to an illegal LAW The Courts will not as one that tends up marriage, pro- the parties are equally
Should Miss
money back?