Case law
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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 Appeal
…damages for personal injuries must be filed to three years, even though the action is pleaded by way of breach of a contractual duty to provide precautions for the plaintiff’s safety, rather than as a breach of a general duty…
…of care which exists independently of contract or statute.…
Division and case type: CivilCivil Appeal
…there are indeed other allegations in paragraphs 4 and 8 which make it perfectly clear that the accident happened at work in circumstances which established on the balance of probabilities that the defendants failed in the duty…
…of care which they owed to the plaintiff.…