Case Study on Tort
1.Lochgelly v mc mullan
A miner was killed when part of the coal mine that he was working in fell on top of him. The man’s family successfully sued for damages under the Coal Mines Act 1911 (c 50) s 49 (repealed), which required that an employer must ensure that the roof of every coal mine is made secure and not order an employee to work there if it is not. The coal mine owners appealed the decision, but their appeal was dismissed as it was held that the initial action was competent as their negligence had been proved.
2.Donoghue v Stevenson
A woman ordered a ginger beer in a café which arrived in a dark coloured bottle. After drinking ginger beer the woman saw the remains of a decomposed snail were present in the bottle. The woman claimed against the manufacturer of the ginger beer for damages. It was held that manufacturers owe a duty of care to consumers where the product which leaves them is in the same state as received by the consumer, and where there is knowledge that a lack of reasonable care in the preparation could cause injury to the consumer's life or property
3.Blyth v brimingham
A water company laid water pipes, pursuant to an Act of Parliament, at the required depth and with fire plugs. Twenty years later, and after a very severe frost, a fire plug was dislodged causing water to escape from the main, but due to stopper above the plug being covered with snowfall, the water could not rise to the surface, and instead seeped through the brickwork of the plaintiff's cellar. The plaintiff claimed for damages however it was held that there was no negligence because the incident was unforeseeable and so obscure that it would be monstrous to hold the defendants responsible.
4.Bolam v friern
The plaintiff, suffering from mental illness, consented to electro convulsive therapy resulting in him suffering several fractures. He thereafter claimed damages against the hospital claiming that the treatment had been administered incorrectly and that he
A miner was killed when part of the coal mine that he was working in fell on top of him. The man’s family successfully sued for damages under the Coal Mines Act 1911 (c 50) s 49 (repealed), which required that an employer must ensure that the roof of every coal mine is made secure and not order an employee to work there if it is not. The coal mine owners appealed the decision, but their appeal was dismissed as it was held that the initial action was competent as their negligence had been proved.
2.Donoghue v Stevenson
A woman ordered a ginger beer in a café which arrived in a dark coloured bottle. After drinking ginger beer the woman saw the remains of a decomposed snail were present in the bottle. The woman claimed against the manufacturer of the ginger beer for damages. It was held that manufacturers owe a duty of care to consumers where the product which leaves them is in the same state as received by the consumer, and where there is knowledge that a lack of reasonable care in the preparation could cause injury to the consumer's life or property
3.Blyth v brimingham
A water company laid water pipes, pursuant to an Act of Parliament, at the required depth and with fire plugs. Twenty years later, and after a very severe frost, a fire plug was dislodged causing water to escape from the main, but due to stopper above the plug being covered with snowfall, the water could not rise to the surface, and instead seeped through the brickwork of the plaintiff's cellar. The plaintiff claimed for damages however it was held that there was no negligence because the incident was unforeseeable and so obscure that it would be monstrous to hold the defendants responsible.
4.Bolam v friern
The plaintiff, suffering from mental illness, consented to electro convulsive therapy resulting in him suffering several fractures. He thereafter claimed damages against the hospital claiming that the treatment had been administered incorrectly and that he