... 'defensive medicine'. But what is 'defensive medicine'? Lawton, J in Whitehouse v Jordan3 defined it as 'adopting procedures which are not for the benefit of the patient but safeguards against the possibility of the patient making a claim of negligence.'4 ...

... scope of employment. In this case Jonathan prepared a valuation report as instructed, for the council and this would therefore be regarded as being within the scope of employment. Referring to the case Lister v Romford Ice and Cold Storage ...

... defendant. He/she should have been in contemplation thoughts of the defendant. In the case of Melanie, Ian owed a duty of care. As Ian was not aware Leo had used the inferior bolts that he was told not to use Ian ...

... must be satisfied: (a) 'Foreseeability of the damage; (b) A sufficiently 'proximate' relationship between the parties; and (c) Even where (a) and (b) are satisfied it must be 'just and reasonable' to impose such a duty.' 4 The Human Rights Act 1998 gives 'further effect ...

... the latter in this case. Sally's claims in torts Sally v Dan (Battery) Dan's liability It is clear from the facts that Dan contacted Sally with intent (albeit to console her). The issue of law is, was the contact implicitly consensual? Sheller JA in ...

... allowed courts to determine whether a type of loss was actionable or not. It gave courts a starting point for the question of whether a duty of care existed, based on the reasonable foreseeability of damage. A more detailed test ...

... as 'no liability in tort'. The position up to 1963, then, despite the dissenting judgment of Denning LJ in Candler v Crane Christmas 2 was that there was no recovery for loss incurred through reliance on a careless misstatement except, ...

... there an accurate diagnosis either. Therefore a breach of duty has also occurred and duty of care between the doctor and patient has been violated (Brooten 1987, p. 1). For example when Dr. Evil failed to read any of the ...

... if three requirements are present; (1) has loss/injury occurred as a result of Controle's actions?, (2) is Controle an employee? (3) was Controle acting in the course of his employment? The first requirement is satisfied, as whilst driving Controle has ...

... stabbed a soldier with a bayonet during a fight in barracks. The victim's friend took him to the first aid post, but on the way, the soldier was dropped twice. At the medical post the officer was busy and the ...

... a JLTS employee is operating a mower and the mower cuts the side of his or her boot. The laborer can make an employee personal property claim against JLTS. On the other hand, non-employees can also file a tort claim. ...

... pounds to put right, and it was only worth £136,000 in that condition. Watson complained to Mitchell Associates, but the firm argued that Watson could not expect too much from Geoff as he was only a trainee. Valuations All building societies are ...

... is to retain the claimant's right to be free from interference, either by his or her person, property or goods. On this basis the torts are actionable per se. This means that proof of fault is not required by the ...

... under negligence, we shall follow the three-fold test laid down by the House of Lords in Caparo Industries plc v Dickman.2 "(i) There must be reasonable foreseeability, (ii) a close and direct relationship of 'proximity' between the parties and (iii) it ...

... Dickman [1990], the test for duty of care must be answered in three stages. The first of these is the same as the Neighbour test. When applying this test to Beth, we must consider if the injuries Delia suffered were ...

... must take reasonable care to avoid acts or omissions which you can reasonably forsee would be likely to injure your neighbour.... Persons who are so closely and directly affected by my act that I ought reasonably to have them in ...

... words are capable of amounting to an assault, there remain the issue that there cannot be an assault unless the threat is immediate. The fact that Tobias utter these words to Edward over the phone rather than in person or ...

... the manufacturer does come under a duty of care towards the final consumers. D&S established negligence as a separate tort, and opened a gateway to future claims. Judges began to look for duty of care in cases depending upon their ...

... suffered severe shock and miscarried her baby. The Privy Council decided that there was no liability for psychiatric illness without a physical injury. The reasons given for this were the relative unknown working of the mind and the thought that ...

... plaintiff's property rights is sufficiently great to call for legal intervention. In considering whether the interference is unreasonable the courts will take in to account various factors, including the nature of the locality in which the activity is carried on, ...

... an anxiety attack during the performance, does, in my opinion, negate any liability that may have existed. This opinion is backed up by the case of Waugh v James K Allan Ltd1. In this case, a lorry driver suffered thrombosis ...

... the eye and inflict some injury, I could be charged with G.B.H with intent, s.18 which has a maximum sentence of life, because I intended to hit him and cause injury. But depending on the injury I could cause internal ...

... the defendant intended to take the girl out of the possession of her father. The vast majority of strict liability crimes are statutory offences. However, statutes do not state explicitly that a particular offence is one of strict liability. Where a ...

... and unjust to hold someone responsible for something that was unexpected, or of a freak nature. In recent years the duty of care has been furthered by the courts in Caparo Industries plc v. Dickman (1990). Which established the criterion ...

... she had spent on the heels cannot be seen as being at a satisfactory quality in the eyes of a reasonable person. Additionally section 14(3) provides Jenn with a claim that the heels were not fit for the purpose which ...