Case law
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Division and case type: CivilCivil Appeal
…In Henderson v Henry E Jenkins & Sons [1970] AC 282 at 301 Lord Pearson at letter D stated: “In an action for negligence the plaintiff must allege, and has the burden of proving, that the accident was caused by negligence…
…What sort of negligence could there be in overtaking? There is no evidence to support contributory negligence either.…
Division and case type: CivilCivil Appeal
…These follow the usual, stereotyped, particulars of negligence which can be obtained from any book on pleadings and civil procedure.…
…He is entitled, and indeed bound, if he is not to be guilty of any contributory negligence, to take reasonable precautions to avoid injury to himself. In Jones v Boyce [1816] 171 ER VOL.…
Division and case type: CivilCivil Appeal
…Mr Aboo’s further submission was that the respondent’s cause of action was for damages for negligence or breach of duty (the duty existing by virtue of a contract) and the damages he claimed for the negligence and or breach…
…or any such provision) where the damages by the plaintiff for the negligence, nuisance or breach of duty consist of or include damages in respect of personal injuries to any person.…
Division and case type: CivilCivil Appeal
…Strangely enough, counsel for the respondent submitted that there was no negligence on the part of the Club.…
…The defendant’s failure to supply a helmet after evidence of the previous incident of attack is an act of continued negligence.…
Division and case type: CivilCivil Appeal
…conflicting contentions of both sides, the learned judge delivered himself as follows: “Having already analysed the material events which culminated in the sale of the vehicle it is clear that the person who would be guilty of negligence…
Division and case type: CivilCivil Appeal
…the contract between the plaintiff and first defendant, the latter finally claims that there was a condition exempting the defendant from liability for any loss or damage of any kind resulting wholly or partly from the negligence…
…the contract between the first defendant and second defendant was admitted with the object no doubt of showing that the second defendant was the agent or servant of the first defendant, the exemption clause covered any negligence…
Division and case type: CivilCivil Appeal
…The learned trial judge found that the accident was caused by the negligence of DW 1 and there is no appeal against liability.…
Division and case type: CivilCivil Appeal
…The appellant sued his employer, Coastal Bottlers Limited, the respondent, for damages for his injuries incurred in an accident at their premises which he claimed were the consequence of its negligence and or breach of contract…
Division and case type: CivilCivil Appeal
…The appellant sued his employer, Coastal Bottlers Limited, the respondent, for damages for his injuries incurred in an accident at their premises which he claimed were the consequence of its negligence and or breach of contract…