Keenan and Riches’BUSINESS LAW

It seems to me that a reasonable man, taking account of the chances against an accident happening, would not have felt himself c ...

Chapter 11Business and the law of tort unable to present appropriate evidence, his case will fail. However, there are some situa ...

Probably the most difficult problem for a consumer to overcome is to establish a breach of the duty of care. This means that the ...

Chapter 11Business and the law of tort replacement. The decision of the House of Lords in the Junior Bookscase suggested that in ...

The question of product liability was considered by no fewer than four bodies in the 1970s: the Law Com- mission, the Council of ...

Chapter 11Business and the law of tort Damage (s 5) The damage for which compensation is recoverable under the CPA 1987 is defin ...

wholly attributable to the design of the other product or to compliance with instructions given by the pro- ducer of the other p ...

Chapter 11Business and the law of tort tort of deceit. This view of the limited scope of a profes- sional person’s liability for ...

relation to three particular professional groups: lawyers, accountants and valuers. Lawyers The liability of a legal adviser use ...

Chapter 11Business and the law of tort More recently, the courts have retreated from the foresight test advocated by Woolf J in ...

Part 3Business transactions 346 RBS’s claim, BJM argued that they did not owe a duty of care to RBS as RBS could not prove that ...

Chapter 11Business and the law of tort Other torts relevant to business Trespass The tort of trespass is one of the oldest torts ...

1990 (noise, smoke, fumes) (see further below) and the Water Resources Act 1991 (water pollution). Private nuisanceconsists of u ...

Chapter 11Business and the law of tort The rule has been applied to the escape of such things as fire, electricity, gas and vibr ...

Defamation Defamation is the publication of a false statement which damages a person’s reputation and tends to lower him in the ...

Chapter 11Business and the law of tort Act 1996. In Loutchanskyv Times Newspapers (No 2) (2002), the Court of Appeal held that w ...

Deceit This tort, which is also known as fraud, consists of know- ingly or recklessly making a false statement to another person ...

Chapter 11Business and the law of tort rule by providing for apportionment of blame between the claimant and defendant. Section ...

Contributory negligence does not just apply to ac- tions based in the tort of negligence. Section 4 of the 1945 Act defined ‘fau ...

Chapter 11Business and the law of tort Limitation of actions The right to bring legal action does not last indefinitely. The tim ...