Barnett v Chelsea & Kensington HMC: What is “but for test”?
Areas of applicable law: Tort law – Breach of duty – Causation – The “but for test” The term “but for test” is commonly used in the context of causation… Read more »
Monthly Archives: August 2017
Wagon Mound 1: Reasonable foreseeability of damage.
Areas of applicable law: Tort law – Negligence – foreseeability Main arguments in this case: A defendant cannot be held liable for damage that was reasonably unforeseeable. The fact of… Read more »
Bolitho v City of Hackney Health Authority 1998: Professional negligence
Areas of applicable law: Tort law – Duty of care – professional negligence Main arguments in this case: A medical professional can be held negligent even if the standard of… Read more »
Bolam v Friern Hospital Management Committee: Medical negligence
Areas of applicable law: Tort law – Duty of care – Medical negligence: Main arguments in this case: The Bolam test is a key case in tort law which states… Read more »
Tort of negligence: Breach of duty.
See also: Tort of negligence: what is duty of care? Breach is the second element that needs to be proven for a claim in negligence. A breach or a breach… Read more »
Tweddle v Atkinson (1861): Consideration must move from the promisee.
The case of Tweddle v Atkinson (1861) shows that a claimant cannot sue for a breach of contract if he himself has not provided any consideration for it. Even if… Read more »