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Negligence 225 Negligence The tort of negligence is far and away the most important tort. Other torts are narrower and more spec ...

226 Chapter 8The tort of negligence Using Lord Atkin’s famous ‘neighbour’ speech, the courts have established certain recog- nis ...

Negligence 227 that the necessary proximity would be present. However, if the second pedestrian was a long way away from the acc ...

228 Chapter 8The tort of negligence Damages will not be awarded for trauma suffered immediately before death by a claimant who i ...

Negligence 229 In Commissioners of Customs and ExcisevBarclays Bank plc (2006)the House of Lords held that liability for pure ec ...

230 Chapter 8The tort of negligence In deciding whether or not a duty has been breached, the courts tend to attach particular im ...

Negligence 231 The usefulness of the defendant’s actions tends to be an important factor in cases where the defendant acted in a ...

232 Chapter 8The tort of negligence The thing speaks for itself (previously known as res ipsa loquitur) As negligence is a civil ...

Negligence 233 the defendant’s breach of duty caused the loss. If the claimant would have suffered the same loss even if the def ...

234 Chapter 8The tort of negligence Section 3 of the Compensation Act 2006 provides that in mesothelioma cases, where it is impo ...

Negligence 235 As long as a certain type of damage is foreseeable, then the defendant will be liable for all damage of that type ...

236 Chapter 8The tort of negligence the future; loss of amenities, which means the loss of ability to do things due to physical ...

Negligent misstatement 237 unreasonably failing to get medical treatment, damages would be only in respect of the moderate injur ...

238 Chapter 8The tort of negligence Hedley Byrne & Co Ltd vHeller and Partners Ltdis an important case because the House of ...

Occupiers’ liability 239 The Occupiers’ Liability Act 1957 s. 2 requires occupiers of premises to take: such care as in all the ...

240 Chapter 8The tort of negligence the danger concerned or reasonably discourage people from taking the risks which injure them ...

The Consumer Protection Act 1987 Part I 241 (iii) Industrial processors of agricultural produce. (iv) ‘Own branders’ who add the ...

242 Chapter 8The tort of negligence Damage suffered Section 5 of the Act allows a claimant to claim damages for death or any per ...

The Consumer Protection Act 1987 Part I 243 jam poisoned a person who consumed it. They might of course be liable under the tort ...

244 Chapter 8The tort of negligence Example John buys a toaster as a Christmas present for Mary. John does not tell the shop tha ...