Winfield and Jolowicz on Tort

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harm to property, i.e. land and buildings and rights and interests pertaining thereto, and his goods; The courts must first consider whether the consequences of the defendant’s acts were reasonably foreseeable. For example, damage or harm were reasonable foreseeable in Kent v Griffiths but not in Bourhill v Young.

Ocr tesseract 5.0.0-alpha-20201231-10-g1236 Ocr_detected_lang en Ocr_detected_lang_conf 1.0000 Ocr_detected_script Latin Ocr_detected_script_conf 0.9950 Ocr_module_version 0.0.13 Ocr_parameters -l eng Old_pallet IA-WL-2000023 Openlibrary_edition DUTY MUST BE TOWARDS THE PLAINTIFF- It is not sufficient that the defendant owed a duty to take care. It must also be established that the defendant owed a duty of care towards the plaintiff.In Blyth v. Birmingham Water Works Co., (1856) LR 11 Exch. 781; ALDERSON, B. defined negligence as, negligence is the omission to do something which a reasonable man…….. would do, or doing something which a prudent or reasonable man would not do. BREACH OF DUTY TO TAKE CARE: Yet another essential condition for the liability in negligence is that the plaintiff must prove that the defendant committed a breach of duty to take care or he failed to perform that duty. urn:lcp:winfieldjolowicz0000roge:epub:74a92870-5cc4-4fa9-8129-d6e8f6c77b88 Foldoutcount 0 Grant_report Arcadia #4281 Identifier winfieldjolowicz0000roge Identifier-ark ark:/13960/t44r8mz74 Invoice 2089 Isbn 0421768509 For this edition, the entire text has been thoroughly updated and several chapters have been extensively rewritten.

INEVITABLE ACCIDENT: Inevitable accident also works as a defence of negligence. An inevitable accident is that which could not possibly, be prevented by the exercise of ordinary care, caution and skill. it means accident physically unavoidable. Secondly, whether there is a relation of proximity between the parties. For example, was there a legal relationship or physical closeness? There was proximity in Home Office v Dorset Yacht Club, but not in Caparo. Discussion of hundreds of recent cases, including Michael v Chief Constable of South Wales , Robinson v Chief Constable of West Yorkshire Police and Poole BC v GN (duty of care); Patel v Mirza (illegality); Wilkes v DePuy International (product liability); Lachaux v Independent Print Ltd (defamation); O v Rhodes (intentional infliction of physical or emotional harm); Willers v Joyce (malicious prosecution); JSC BTA Bank v Ablyazov (No.14) (conspiracy); and five major Supreme Court decisions on vicarious liability and non-delegable duties, including Barclays Bank v Various Claimants and WM Morrison Supermarkets v Various ClaimantsLastly, the courts will consider the social importance of risky activity. If the defendant’s actions served a socially useful purpose then he may have been justified in taking greater risks as seen in Watt v Hertfordshire County Council. In Stanley v. Powell, (1891) 1 QB 86; the plaintiff and the defendant, who were members of a shooting party, went for pheasant shooting. The defendant fired at a pheasant, but the shot from his gun glanced off an oak tree and injured the plaintiff. It was held that the accident was an inevitable accident and the defendant was not liable. Negligence is defined as “failure to do or recognize something that a reasonable person would do or recognize, or do something that a reasonable person would not do”. Negligence protects an individual against economic loss, property and personal injury. However, the claimant must prove the defendant’s negligence with a preponderance of evidence.

When deciding whether there has been a breach the courts take into account appropriate factors. These include the probability of harm and any special skill of the defendant. For example, children cannot plead infancy as a defence to a tort. However, children and young people will usually be judged by the objective standard of the ordinarily prudent and reasonable child of the same age, as in Mullins v Richards. However, if a young person deliberately commits an action with an obvious risk of harm, they may be judged by the standards of an adult as in Williams v Humphrey. Here the boy had deliberately exposed a man to the risk of injury, so the court judged him as an adult. A person who claims to have a special skill is judged by the standards of a reasonable person possessing the skill, which he claims to possess as seen in Bolam v Friern Barnet Hospital. However, in Wells v Cooper, the defendant was found not liable as hewas merely classed as an apprentice carpenter or underskilled. However, motorists owe a duty of care even if they are a learner or inexperienced driver, which could be seen as being underskilled, as seen in Nettleship v Weston. A new section on damage in the law of negligence, incorporating discussion of Dryden v Johnson MattheyIn Lochgelly Iron & Coal Co. v. Mc Mullan, 1934 AC 1; LORD WRIGHT said, negligence means more than headless or careless conduct, whether in commission or omission; it properly connotes the complex concept of duty, breach and damage thereby suffered by the person to whom the duty was owing. Negligence is the omission to do something, which a reasonable man, guided upon those considerations, which ordinarily regulate the conduct of human affairs, would do, or do something, which a prudent and reasonable man would not do”.

In Brown v. Kendal, (1859) 6 Cussing 292; the plaintiff’s and defendant’s dogs were fighting, while the defendant was trying to separate them, he accidentally hit the plaintiff in his eye who was standing nearby. The injury to the plaintiff was held to be result of inevitable accident and the defendant was not liable. The tort of negligence has been explained in a very lucid manner taking into consideration its meaning, essentials, denences and relevant case laws... WINFIELD AND JOLOWICZ: According to Winfield and Jolowicz- Negligence is the breach of a legal duty to take care which results in damage, undesired by the defendant to the plaintiff [Ref. Winfield and Jolowicz on Tort, Ninth Edition, 1971, p. 45]. Comprehensive coverage of new legislation, as well as the impact on existing legislation of the UK’s withdrawal from the European Union

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DUTY TO TAKE CARE: One of the essential conditions of liability for negligence is that the defendant owed a legal duty towards the plaintiff. The following case laws will throw some light upon this essential element.