Rattlesdene v Grunestone

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

Contents

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

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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