Tags » Tort

The Caparo test: Caparo Industries Plc v Dickman [1990] 2 A.C. 605

Lord Bridge said,

‘In determining the existence and scope of the duty of care which one person may owe to another in the infinitely varied circumstances of human relationships there has for long been a tension between two different approaches. 895 more words


Indeterminate Liability: Ultramares Coroporation v Touche (1931) 255 N.Y. 170

A decision of the Court of Appeals of New York. Cardozo C.J. delivered a judgment warning about the potentially endless scope of liability in negligence cases. 78 more words


The origins of Lord Atkins speech in Donoghue v Stevenson

In October 1931 Lord Atkin delivered a paper at King’s College, London. He was speaking on the theme of legal education. What he said is of interest for students of… 242 more words


Negligence: Donoghue v Stevenson [1932] A.C. 562 (HL)

One of the classic statements concerning negligence. Note the resort to a general theory of relations to justify the decision.

Lord Atkin said,
‘… The question is whether the manufacturer of an article of drink sold by him to a distributor, in circumstances which prevent the distributor or the ultimate purchaser or consumer from discovering by inspection any defect, is under any legal duty to the ultimate purchaser or consumer to take reasonable care that the article is free from defect likely to cause injury to health. 778 more words


Microsoft (Nokia) v Sony. This battery keeps on going: relatively of arbitration clauses; cartel claims contractual? anchor defendants etc.

The one sorry outcome of EWHC 374 (Ch) Microsoft (Nokia) v Sony is that by rejecting jurisdiction, the Commercial Court did not have an opportunity to review the application of Rome II’s provisions on applicable law in the case of infringement of competition law. 509 more words

Conflict Of Laws /Private International Law

#Education - Two Recent Cases That Affect Tort Law Syllabi

The UK Supreme Court extended the scope of vicarious liability such that it can exist even in the absence of a contract of employment. Read more on the Legal Yankee site here


Law of Tort: Public Nuisance

Public Nuisance

Public Nuisance is primarily a criminal offence, which is how most claims come to court. However, Public Nuisance is also a tort. The essence of public nuisance is that it protects the health, safety, convenience and morals of the public.  394 more words