Law of Tort

The clear difficulty with such a test is that it is necessarily based upon questions of fact. In spite of this handicap the apostrophizes have had passing(prenominal) success in setting out clear guidelines that annul a court to have a frame for its analysis. The brace concern is that it is built around a patchwork of case-law; from severally case a specific principle can be extracted. In Paris v Stepney Borough Council [1951] AC 367 the court considered the numeral implications of the risk. The claimant was blind in one eye and employed as a welder. He was non provided with protective equipment for his eye(s). Even though it was established that the provision of such equipment was not standard subroutine the court ruled that the defendant should have considered the extreme consequences and that it was a pertinent factor. The second factor that is considered by the courts is the likeliness of the consequences occurring. In Bolton v Stone [1951] AC 850 the cou rt considered whether it would be average to judge a cricket ground to erect a clams to prevent cricket balls from leaving the ground. The court examined the probabilities of the consequences occurring and say that the likelihood of occurrence was a relevant factor. The case of Latimer v AEC Ltd. [1953] AC 643 provides the third factor that is considered.

The defendant is only hail to get into measures that are sightly and it is possible that the only possible delegacy of preventing a particular harm would require a disproportional funding. In Latimer a product of flooding and other(a) materials rendere d the floor of the mill exceedingly slipper! y. The defendants placed sawdust but did not close the factory, a step that the claimant maintained they should have taken. The provide of Lords ruled that the detail of risk had to be weighed against the extent of curative work that was necessary. In this case it would not have been reasonable to require them to exclude down the entire factory. The most sparse of the factors...If you want to get a full essay, order it on our website: OrderCustomPaper.com

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