Common Law
Table of Contents
case 1 3
Negligence 4
Donoghue v Stevenson. 4
Element of Negligence 5
Duty of Care: 5
The case of Ryan v Ireland 1989 5
Breach of the duty of care: 6
causation: 7
The Egg-shell skull rule 7
In the case of Vosburg v Putney 7
The type of the injury: 9
Contributory negligence: 9
Badger v. The minister of defence EWCH 2005 10
The limitation Period 11
Case two 11
David Walsh v. Jones Lang Lasalle Ltd [2007] IEHC 28. 12
Vicarious Liability 14
Bibliography 16
case 1
Chantelle woods v Department of Arts, Culture and the Gaeltacht
1) The relevant information that has bearing on this case
v What was the previous health condition of Chantelle Woods before the accident? v What part of the building was she in? Where there any sign to say that staff and visitors are prohibited from coming in? v Was there any caution sign placed on the steps case? v What type of foot wear was she wearing when the accident occurred? v Has anyone ever fell from the step case before? v Was she carrying anything while climbing the steps? v Did she used the ray that was provided on the steps?
From the investigation I had done in regard to the accident Mrs Wood had at the place of work during her lunch break, I was able to get the answers to the question listed above which had bearing on this case.
Mrs Woods is suffering from short sightedness which means that she had to wear her glasses at all times. The picture of Mrs Woods that was replayed form the CCTV camera show that she was walking on the steps when the accident occurred without her glasses. The spot where the accident occurs was not appropriate place provided for staffs to have their break, although the floor was wet and there was no caution sign to indicate that it was a wet floor. She had proper chosen to go there in order to have a quite place to chat with her friend on the phone. It is very obvious that the kind of shoes Mrs Wood had
Bibliography: Brian, Doolan (2011) Principle of Irish Law, Dublin, Gill and Macmillian Davenport, Ruth (2008) make that grade fundamentals of Irish law, Dublin, Gill and Macmillian Ursula, Connolly (2009) Round Hall nutshells Tort, Dublin, Thomson Reuters Electronic Source www.bailii.org. www.courtservice.ie [->0] - http://www.wikipedia.com