Sturges v Bridgman (1879): nuisance and defence of prescription.
Areas of applicable law: Tort law – Nuisance – Defence of prescription: Main arguments in this case: Can a defendant rely on in his defence that the cause of a… Read more »
Tag: tort defences
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: 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 »
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 »
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 »
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 »
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 »
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 »
Revill v Newbery (1996): defence of illegality
Areas of applicable law: Tort law – Duty of care – defence of illegality Main arguments in this case: An occupier owes a duty of care to even trespassers The… Read more »
Froom v Butcher (1976): defence of contributory negligence
Areas of applicable law: Tort law – negligence – contributory negligence Main arguments in this case: Defence of contributory negligence is partial defence. The fact of the case: The claimant… Read more »