Facts In Cassidy v Ministry of Health (1951) 2 KB 343, the plaintiff underwent an operation on his hand performed by Dr. Fahrini, who was employed full-time as an assistant medical officer at the defendant’s (D’s) hospital. After the operation, P’s hand was placed in a splint, and Plaintiff was under the care of Dr. […]
Case Brief: Cassidy v Ministry of Health (1951) 2 KB 343 Read More »
Facts In Kemsley v Foot (1952) AC 345, the defendant, a newspaper, published an article with the headline “Lower than Kemsley,” which referred to the plaintiff (P), a well-known newspaper proprietor. The article criticized the conduct of another newspaper unrelated to Plaintiff. In response, Plaintiff brought an action for libel, seeking damages, and Defendant pleaded
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Facts In Wilson v. Pringle (1987) QB 237, two 13-year-old schoolboys, the plaintiff and the defendant , were involved in an incident where Plaintiff claimed damages for trespass to the person. Plaintiff alleged that Defendant intentionally jumped on his back. Defendant denied liability, arguing that he only pulled P’s school bag off his shoulder, which
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Facts In Rylands v. Fletcher (1868) LR 3 HL 330, the defendant (D) arranged for the construction of a water reservoir on their land for use with their mill operation. Beneath the land, there were old, disused mining shafts and passages. The weight of the water in the reservoir caused the shafts to break, and
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Facts In Lewis v. Daily Telegraph Ltd [1964] AC 234, articles were published in the Daily Telegraph and Daily Mail under the headlines: “Enquiry on Firm by City Police” and “Fraud Squad Probe Firm,” which stated that the police were inquiring into the affairs of a company of which the plaintiff, Lewis, was the chairman.
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Facts In Letang v. Cooper [1965] 1 QB 232, the plaintiff, Letang, was on holiday in Cornwall and was sunbathing on a patch of grass in the hotel grounds, which also served as a car park. The defendant, Cooper, drove his Jaguar motor car over her legs, not noticing her presence. More than three years
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Facts In Hedley Byrne & Co Ltd v. Heller & Partners Ltd [1964] AC 465, the appellants, Hedley Byrne (HB), a firm of advertising agents, were planning to undertake an extensive advertising program for a customer, Easipower Ltd. Due to doubts about Easipower’s financial position, HB instructed their bankers to obtain a financial report. The
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Facts In Caparo Industries plc v. Dickman [1990] 2 AC 605, the plaintiff, Caparo Industries, had taken over a company and sued the company’s auditors, Dickman, for negligence. Caparo alleged that it had relied on Dickman’s audit reports in connection with the takeover bid. Issue The key issue was whether Dickman’s audit reports could form
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Facts In this case the plaintiff, Bourhill, a fishwife who was eight months pregnant, alighted from a train and was retrieving her fish basket from the driver’s platform when she heard a collision between a motorcyclist and a motor car, approximately 45 to 50 feet away. After the motorcyclist’s body was removed, Bourhill approached and
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Facts In Bird v. Jones (1845) 7 QB 742, a section of Hammersmith Bridge, typically used as a public footway, was temporarily designated for seating to view a regatta. A temporary fence separated this area from the carriageway. The plaintiff, Bird, attempted to pass through the designated area and jumped over the fence. The defendant,
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