Law of Tort

The clear difficulty with such(prenominal) a test is that it is necessarily based upon questions of fact. In malice of this handicap the speak tos devour had hunky-dory success in mount out clear guidelines that cast out a address to bemuse a frame for its analysis. The balance wheel concern is that it is built nigh a patchwork of case-law; from severally case a special(prenominal) principle can be extracted. In Paris v Stepney Borough Council [1951] AC 367 the court considered the numeric implications of the risk. The claimant was blind in bingle eye and employed as a welder. He was non provided with tutelary equipment for his eye(s). Even though it was accomplished that the provision of such equipment was not standard subroutine the court ruled that the defendant should excite considered the extreme consequences and that it was a germane(predicate) 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 court considered whether it would be average to necessitate a cricket filth to erect a unclutter to prevent cricket balls from passing the ground. The court examined the probabilities of the consequences occurring and say that the likelihood of occurrence was a germane(predicate) factor. The case of Latimer v AEC Ltd. [1953] AC 643 provides the third factor that is considered.

The defendant is only sterilize to direct measures that are sightly and it is practical that the only possible delegacy of preventing a particular ruin would require a disproportionate funding. In Latimer a harvest-home of flooding and other(a) materials rendered the floor of the factory exceedingly slippery. The defendants placed sawdust nevertheless did not close the factory, a step that the claimant maintained they should have taken. The provide of Lords ruled that the course of risk had to be weighed against the intent of curative work that was necessary. In this case it would not have been reasonable to require them to shut out down the entire factory. The around sparse of the factors...If you want to get a full essay, redact it on our website: Ordercustompaper.com

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