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mckinnon-industries-v-walker

McKinnon Industries v Walker (1951): property of sensitive nature.

Areas of applicable law: Tort law – Private nuisance – Nuisance. Main arguments in this case: A claim for private nuisance would succeed if the damage caused to an abnormally… Read more »

Tort Law    nuisance, private nuisance, tort law
network-rail-ltd-v-morris

Network Rail Ltd v Morris (2004): private nuisance – the test of sensitivity vs foreseeability.

Areas of applicable law: Tort law – Private nuisance  – Foreseeability. Main arguments in this case: Private nuisance and the test of sensitivity vs foreseeability. The fact of the case:… Read more »

Tort Law    foreseeability, private nuisance, tort law
hunter-v-canary-wharf

Hunter v Canary Wharf (1997): private nuisance

Areas of applicable law: Tort law – Nuisance – Private nuisance. Main arguments in the case: Only those who have proprietary interest in land can sue in tort of nuisance…. Read more »

Tort Law    nuisance, private nuisance, tort law
vellino-v-chief-constable-of-greater-manchester-police

Vellino v Chief Constable of Greater Manchester Police (2001)

Areas of applicable law: Tort law – Defence of illegality. Main arguments in this case: Should the police owe a duty of care to a person who is wanted for… Read more »

Tort Law    tort defences, tort law
tort-law-general-defences

Tort law: general defences

Areas of applicable law: Tort law – General defences – Negligence. Main arguments: What defences are available in tort of negligence. General defences: In tort law there are primarily three… Read more »

Tort Law    contributory negligence, negligence, tort defences, tort law
smith-v-finch-2009

Smith v Finch (2009): defence of contributory negligence.

Areas of applicable law: Tort law – contributory negligence. Main arguments in this case: Who is responsible in a case of negligence? The facts of the case: The claimant was… Read more »

Tort Law    contributory negligence, tort defences, tort law
jones-v-boyce-1816

Jones v Boyce (1816): contributory negligence in emergency situations.

Areas of applicable law: Tort law – Contributory negligence – Negligence. Main arguments in this case: What happens when it is an emergency and a person injures himself by acting… Read more »

Tort Law    contributory negligence, tort defences, tort law
gough-v-thorne-1966

Gough v Thorne (1966): contributory negligence and children

Areas of applicable law: Tort law – Duty of care –  Contributory negligence. Main arguments in this case: Children may not be contributorily negligent depending up on their age. When… Read more »

Tort Law    negligence, tort defences, tort law
pitts-v-hunt-1991-defence-of-illegality

Pitts v Hunt (1991): defence of illegality

Areas of applicable law: Tort law – Duty of care – Defence of illegality. Main arguments in this case: A claimant cannot claim damages for an act which arose due… Read more »

Tort Law    duty of care, negligence, tort defences, tort law
gray-v-thames-trains-2009-defence-of-illegality

Gray v Thames Trains Ltd (2009): defence of illegality

Areas of applicable law: Tort law – defence of illegality – negligence Main arguments in this case: A claimant cannot claim damages for his own criminal behaviour The fact of… Read more »

Tort Law    tort defences, tort law

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