Case law
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Division and case type: CivilCivil Case
…of care will arise.…
…I now revert to the facts of the case to determine if there was a duty of care relationship as alleged, and, if so, whether the defendant breached the duty of care as alleged in paragraph 8 (a) – (d) of the plaint. Mr.…
Division and case type: CivilCivil Case
…The plaintiff claims that the attack upon him took place because of the negligence of the defendant and alternatively be reason of the defendant’s failure to observe the duty of care required of it by the contractual relationship…
…The defendant has denied liability contending that it was neither negligent nor guilty of any breach of duty of care as alleged or at all.…
Division and case type: CivilCivil Suit
…Particulars of negligence and breach of common law duty of care have been given by the defendant in paragraphs 5 & 6 of the plaint.…
…And by Lord Harschell in Smith vs Charles Baker & Sons [1891] AC 362: “It is quite clear that the contract between the employer and employed involves on the part of the former the duty of taking reasonable care to provide…
Division and case type: CivilCivil Case
…Itis against that duty and standard of care that I should judge theconduct of the defendant and the deceased in this case.…
…And this breach of duty of care hasoccasioned loss and damage for which the defendant is liable. Butthe deceased was not a virtuous virgin either.…
Division and case type: Milimani Commercial CourtsCivil Case
…That the lst defendant owed a greater duty of care than the plaintiff, is plain to me.…