Cavendish: Tort Lawcards by Routledge-Cavendish

By Routledge-Cavendish

The Cavendish LawCards disguise the large diversity of topics on hand at the undergraduate legislations programme,as good as at the CPE/Diploma in legislation direction. each of the Cavendish LawCards is an entire, pocket-sized consultant to key examinable components of the legislation syllabus. Their concise textual content, basic format and compact layout make the Cavendish LawCards perfect revision aids for deciding upon, knowing and committing to reminiscence the salient issues of every subject.

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Sample text

The plaintiff was injured by a heavy piece of equipment which had not been properly secured on the lorry on which it was travelling in the emergency circumstances. It was held that it was necessary to ‘balance the risk against the object to be achieved’. The action for negligence failed as the risk of the equipment causing injury in transit was not so great as to prevent the efforts to save the woman’s life The defendant’s factory was flooded, the water mixed with factory oil and made the floor slippery.

Both requirements were satisfied in Welton v North Cornwall District Council (1996). An environmental health officer negligently required the owner of food premises to comply with the Food Act 1990, by making unnecessary substantial building works and major alterations to the kitchen. He also threatened to close the business down if the works were not completed. The officer knew that what he said would be relied on by the plaintiffs without independent inquiry. He visited to inspect and approved the works.

In cases involving special skills, the Bolam test, as modified by Bolitho, will then apply (Bolitho v City and Hackney Health Authority (1997)). Intervening acts that break the chain of causation: novus actus interveniens Sometimes, something can occur between the defendant’s act and the plaintiff’s injury, which breaks the chain of causation so the defendant can no longer be said to be liable to the plaintiff. This is a novus actus interveniens. It was described by Lord Wright in the The Oropesa (1943): … a new cause which disturbs the sequence of events, something which can be described as either unreasonable or extraneous or extrinsic.

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