“LEGAL SKILLS CASE ANALYSIS TEST Interfoto Picture Library v Stiletto Visual Programmes (Nov 1987) 10 marks will be awarded for correct grammar, punctuation and spelling. 1. What is the date of the judgment? (2 marks) 2. Who was the trial judge and what was his decision? (2 marks) 3. Where was the case heard at first instance? (2 marks) 4. Who were counsel and solicitors in the Court of Appeal? (2 marks) 5. What remedies were Interfoto Picture Library Ltd seeking in the Court of Appeal? (2 marks) 6. Which cases were applied by the Court of Appeal? (2 marks) 7. In what court was McCutcheon v David MacBrayne Ltd [1964] 1 All ER 430 heard?(1 mark) 8. What are the material facts of Interfoto Picture Library v Stiletto Visual Programmes? (6 marks) 9. Why did Dillon LJ not consider if Condition 2 was a penalty? (2 marks) 10. What does Dillon LJ suggest would have been the effect of Condition 2 if it had been a penalty? (2 marks) 11. What were the two arguments made by the defendant? (6 marks) 12. How does the basis for the decision in Parker v South Eastern Rly Co (1877) 2CPD 416 differ from that in Thornton v Shoe Lane Parking Ltd [1956] 1 All ER 686? (2 marks) 13. (a) How did counsel for the plaintiff distinguish Thornton v Shoe Lane Parking Ltd [1956] 1 All ER 686? (2 marks) (b) Was this distinction was accepted by Dillon LJ and explain his reasoning on the issue. (2 marks) 14. (a) What principle does Bingham LJ say is not an overriding principle of English law? (1 mark) (b) How has English law dealt with this principle? Give examples. (4 marks) 15. (a) Who were the three judges in Parker v South Eastern Rly Co (1877) 2 CPD 416? (1 mark) (b) What did they each decide? (3 marks) 16. Did Bingham LJ believe that there was a simple contractual analysis to the problem he was considering? (2 marks) 17. What other authorities does Bingham LJ cite? (4 marks) 18. Explain whether each of the following statements is part of the ratio of Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd [1988] 1 All ER 348. If you think a statement is part of the ratio, explain why. If you think a statement is not part of the ratio, explain why. (15 marks) (i) The more onerous the term the more steps a party has to take to bring that term to the attention of the other party. (ii) Equity will strike down unconscionable bargains. (iii) Condition 2 was an unreasonable and extortionate clause. (iv) The Plaintiffs had not brought Condition 2 to the attention of the defendants. (v) Penalty clauses are void and unenforceable. 19. Bob hired a van from Jacks Van Hire to transport his furniture when he moved house. Bob went to Jacks office to hire the van. Before Bob took the van, Jack asked Bob to sign the last page of the hire contract. As he was in a hurry, Bob signed this quickly, without reading it. The hire contract contained the following term: Condition 54: If the customer drives the vehicle over 50 mph at any time during the rental period, Jacks Van Hire will charge the customer 1,000. This is for the wear and tear caused to the vehicle by driving it in excess of 50mph. Bob was caught by the police driving the van at 65mph in a 50mph zone. When Jacks Van Hire found out about this, it took 1,000 from Bobs credit card for driving the van over 50 mph contrary to Condition 54 of the hire contract. Using ONLY the decision in Interfoto Picture Library Ltd v Stiletto advise Bob on what grounds he can argue against the charge made by Jacks Van Hire. (25 marks)”