... a driver whom the passenger knows to be likely, through drink or drugs, to drive unsafely."2 However since this case, a statutory duty of care has been created by the Road Traffic Act 1988, by virtue of s 149, which ...

... which is caused by the deed of persons for whom one is responsible, or of things which one has in one's keeping"1 There is more to Article 1384, which will be discussed in more depth later. In this case, I will ...

... employers on the grounds that his personal injuries occurred at work. If proven that there has been a case of breach of contract, an award of damages is made with the objective to place the claimant in a similar position, ...

... precedents relating to other emergency services, in particular the fire service, the coastguard services were under no enforceable private law duty of care to respond to an emergency call. If they did respond to an emergency call, they were not ...

... risk fall?" This case helps to add to our understanding, different aims of tort law. C. Harlow has described tort as having various disparate aims. Under the heading of loss spreading, "Atiyah suggests that the principal function of tort is ...

... where the penalty is a fine. This has been criticised as people may just pay the fines all the time as they are small. Individual liberty is not under threat. It may be cheaper paying fines then changing bad working ...

... how criminal liability can be established without both mens rea and actus reus through omission and how omission qualifies as a criminal offence illustrated with relevant case material. I will then draw my conclusions evaluating my previous points and summarising to ...

... policy question would arise: is there any valid policy reason to deny the existence of duty of care? The modern test was laid down in Caparo Industries Plc v Dickman6 where the damage to the plaintiff should be reasonably foreseeable, ...

... find themselves legally entangled. Indeed, in the majority of tort cases there has been no relationship at all between the parties before the "wrong" is done. Instead the law creates a legal relationship between the person who does something wrong ...

... by this case apply the facts to the relevant principles and give an indication of what I think will be the likely outcome. Negligence is a type of tort under which a person whose property has been damaged or who has ...

... the intention to kill or do grievous bodily harm. Re R v Vickers3, where the latter (GBH) was accepted as sufficient Mens Rea as if the defendant was willing to inflict grievous bodily harm, then how was he to know ...

... had reason for knowing that the girl who fewer than sixteen was under the care of her father at the time, therefore the conviction under s55 OAPA 1861 could not be sustained. Apart from that, many strict liability offences ...

... present to establish mens rea - intention, recklessness and negligence. Intention can either be direct intent or purpose intent, this is the defendant's main purpose, his primary aim, or indirect intent. Indirect intent or oblique intent is where the criminal act ...

... rescue, if a rescuer does so attempt, he is held to a certain standard of care. A rescuer would be held liable if they were to worsen the condition of the person they are attempting to rescue, or by their ...

... should be actionable in the absence of just cause or excuse,' (the general principle of liability theory) implicating no cause of action would be refuses and the law of tort would forever grow. Whilst, the thought which is supported by ...

... formula or touchstone to which recourse can be had in order to provide in every case a ready answer to the question whether given certain facts, the law will or will not impose liability for negligence." (Caparo Industries plc v ...

... Courts take a restrictive approach to negligent words causing pure economic loss. This restriction is justified by Lord Pearce in Headly Byrne on the basis that " Words are more volatile than deeds, they travel fast and far afield, they ...

... negligently caused because she didn't take care of it. Her negligence caused damage which is to be compensated and she owes Bob a duty of care like in case Home Office v Dorset Yacht Co Ltd1: "... The fact that the ...

... from a height, which has then lead to a foreseeable damage such as a broken leg or sprained ankle. As the client has obtained an injury they have looked into compensation for the accident if we as the company hadn't ...

... is an ulterior intent required for the offence. This first separation has been highly debated in terms of how helpful it is but as the courts has indorsed this rule, only reform from the House of Lords or by statute ...

... of Lords stated that a 'special relationship' must exist between the claimant and defendant so that the claimant placed reasonable reliance, which was known, or ought to have been known to the defendant, on the statement. Lord Morris stated that ...

... of Lords stated that a 'special relationship' must exist between the claimant and defendant so that the claimant placed reasonable reliance, which was known, or ought to have been known to the defendant, on the statement. Lord Morris stated that ...

... to the plaintiff's person or property. This inteference must be without the plaintiff's consent or lawful justification2. The tort of trespass is separated into three distinct torts, these being trespass to the person, trespass to land and trespass to goods. ...

... scope of employment. In this case Jonathan prepared a valuation report as instructed, for the council and this would therefore be regarded as being within the scope of employment. Referring to the case Lister v Romford Ice and Cold Storage ...

... defendant. He/she should have been in contemplation thoughts of the defendant. In the case of Melanie, Ian owed a duty of care. As Ian was not aware Leo had used the inferior bolts that he was told not to use Ian ...