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 Case
…seeking damages both special and general for injuries sustained in an accident while at his place of work with the defendant and which accident occurred as a result of the breach of contract and duty to him and also due to negligence…
…denying the allegations in the plaint, denied that there was breach of duty or contract between them, denied that an accident occurred as alleged, that if any accident occurred which is denied then the same was occasioned by negligence…
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
…He said that although the delay was caused by an oversight on the part of the managing director of the appellant, this was not synonymous with deliberate negligence on his part.…
…That this act amounted to negligence on his part to warrant the dismissal of the application to set aside ex-parte judgment.…
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 Case
…The said accident was due to the negligence of the defendants, their servants and or agents whose particulars are given.…