Mutex Robb

Contract Negligence

It must always be a question of circumstances whether the carelessness amounts to negligence, and whether the injury is not too remote from the carelessness. Thus where a manufacturer had parted with his product and it has passed into other hands, it m... Read >

Role of Legal Duty

The manufacturer of an article of food, medicine or the like sold by him to a distributor in circumstances which prevent distributor or the ultimate purchaser or consumer from discovering by inspection any defect, is under a legal duty to the ultimate pur... Read >

Omission of Duties

Delivering the majority judgment, Lord Atkin laid down the rule of determining the duty thus: “The liability for negligence is no doubt based upon a general public sentiment of moral wrong doing for which the offender must pay. But acts or omissions w... Read >

Theories of Negligence

In the modern law of tort, the word ‘negligence’ has two meanings. First, it indicates the state of mind of a party in doing an act and secondly, it means a conduct which the law deems wrongfully. In law of torts, these two meanings are considered as sepa... Read >

Essential Constituents of Negligence

“Negligence is the complex concept of duty to take care, its breach of consequential damage". In strict legal analysis, negligence properly connotes the complete concept of duty, breach and damage thereby suffered by the person to whom the duty owes. I... Read >

Objective Theory of Negligence

In Blyth v. Birmingham Water Works Co., [(1856) 11 Ch 781] Alderson states, “Negligence is the omission to do something which a reasonable man guided upon whose considerations which ordinarily regulate the conduct of human affairs, would do or doing somet... Read >

Meaning and Definition of Negligence

Negligence is one of the most important and common torts in the law. Although its origins are to be found in trespass and trespass on the case, the action was developed and formulated only in the 19th Century; it now exists in its own right as a separate ... Read >

Some English Cases on Negligence

In King v. Phillips, [(1953) 1 QB 429], a taxi driver backed his taxi negligently and without looking behind ran into a child who was on a tricycle behind the taxi, slightly injuring him. The child’s mother, who was in her house seventy or eighty yard... Read >

Defamatory Passage

Where the defendant had communicated or published certain defamatory matter against the plaintiff, and later he came to know that he did a mistake and if the defendant meets the plaintiff and requests to excuse him, and submits his apology to the plaintif... Read >

Attributes of Plaintiff

The defendants in the advertisement of their product used a caricature of the plaintiff without any contract or his consent. To/by v. J.S. Fry & Sons Ltd., [(1981) AC 333 (HL)], the plaintiff was an amateur golf champion. The defendants were manufactu... Read >