Cavendish: Tort Lawcards - download pdf or read online

By Routledge-Cavendish

ISBN-10: 1859417183

ISBN-13: 9781859417188

The Cavendish LawCards disguise the vast diversity of matters on hand at the undergraduate legislations programme,as good as at the CPE/Diploma in legislation direction. each of the Cavendish LawCards is a whole, pocket-sized consultant to key examinable parts of the legislations syllabus. Their concise textual content, straightforward format and compact layout make the Cavendish LawCards excellent revision aids for settling on, figuring out and committing to reminiscence the salient issues of every subject.

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Additional resources for Cavendish: Tort Lawcards

Example text

In Wells v Cooper (1958), the Court of Appeal held that a householder performing a DIY task was judged by the standard of a reasonably competent carpenter. In Phillips v William Whiteley (1938), the court rejected the idea that a jeweller who carried out an ear piercing operation should be judged by the standard of a surgeon but instead the court said that she should be judged by the standard of a reasonably competent jeweller carrying out that particular task. In Nettleship v Weston (1971), a learner driver was judged by the standard of a ‘competent and experienced driver’ as she held herself out as possessing a certain standard of skill and experience.

Following the Zeebrugge ferry disaster, the master of the ship claimed that it was general and approved practice for him not to check that the bow doors were closed prior to setting out to sea. It was held that the general and approved practice constituted an ‘obvious folly’ and should not have been followed. Failure to comply with a guide to professional conduct is not conclusive proof of negligence (Johnson v Bingley (1995)). The general standard and skilled defendants Skilled defendants are judged by higher standards than the ordinary defendant.

The Privy Council in Ng Chun Pui v Lee Chuen Tat (1988) stated that the burden of proof does not shift to the defendant but remains with the plaintiff throughout the case. It has also been argued that if res ipsa loquitur reverses the burden of proof then paradoxically a plaintiff who relies on the maxim will be in a better position than a plaintiff who establishes a prima facie case in some other way. Causation The plaintiff not only has to prove that the defendant owes him a duty of care and has breached his duty but also that the defendant caused the plaintiff’s loss.

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Cavendish: Tort Lawcards by Routledge-Cavendish

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