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Ward V. Tesco Stores Ltd.
''Ward v. Tesco Stores Ltd.'' 9761 WLR 810, is an English tort law case concerning the doctrine of ''res ipsa loquitur'' ("the thing speaks for itself"). It deals with the law of negligence and it set an important precedent in so called "trip and slip" cases which are a common occurrence. Facts The plaintiff slipped on some pink yoghurt in a Tesco store in Smithdown Road, Liverpool. It was not clear whether or not Tesco staff were to blame for the spillage. It could have been another customer, or the wind, or anything else. Spillages happened roughly 10 times a week and staff had standing orders to clean anything up straight away. As Lawton LJ observed in his judgment,at 814 ff. The trial judge had held in Mrs Ward's favour and she was awarded £137.50 in damages. Tesco appealed. Judgment It was held by a majority (Lawton LJ and Megaw LJ) that even though it could not be said exactly what happened, the pink yoghurt being spilled spoke for itself as to who was to blame. Tesco ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tesco
Tesco plc () is a British multinational groceries and general merchandise retailer headquartered in Welwyn Garden City, England. In 2011 it was the third-largest retailer in the world measured by gross revenues and the ninth-largest in the world measured by revenues. It has shops in Ireland, the United Kingdom, the Czech Republic, Hungary and Slovakia. It is the market leader of groceries in the UK (where it has a market share of around 28.4%). Tesco has expanded globally since the early 1990s, with operations in 11 other countries in the world. The company pulled out of the US in 2013, but continues to see growth elsewhere. Since the 1960s, Tesco has diversified into areas such as the retailing of books, clothing, electronics, furniture, toys, petrol, software, financial services, telecoms and internet services. In the 1990s, Tesco re-positioned itself from being a downmarket high-volume low-cost retailer, attempting to attract a range of social groups with its low-cost ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Occupiers' Liability
Premises liability (known in some common law jurisdictions as occupiers' liability) is the liability that a landowner or occupier has for certain torts that occur on their land. Scope of the law Premises liability may range from things from "injuries caused by a variety of hazardous conditions, including open excavations, uneven pavement, standing water, crumbling curbs, wet floors, uncleared snow, icy walks, falling objects, inadequate security, insufficient lighting, concealed holes, improperly secured mats, or defects in chairs or benches". For premises liability to apply: # The defendant must possess the land or "premises". # The plaintiff must be an invitee or, in certain cases, a licensee. Traditionally, trespassers were not protected under premises liability law. However, in 1968, the California Supreme Court issued a vastly influential opinion, ''Rowland v. Christian'', 69 Cal.2d 108 (1968), which abolished the significance of legal distinctions such as invitee, licensee ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Negligence
Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as a form of ''carelessness'' possibly with extenuating circumstances. The core concept of negligence is that people should exercise reasonable care in their actions, by taking account of the potential harm that they might foreseeably cause to other people or property. Someone who suffers loss caused by another's negligence may be able to sue for damages to compensate for their harm. Such loss may include physical injury, harm to property, psychiatric illness, or economic loss. The law on negligence may be assessed in general terms according to a five-part model which includes the assessment of duty, breach, actual cause, proximate cause, and damages. Elements of negligence claims Some things must be established by anyone who wants to sue in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Tort Law
English tort law concerns the compensation for harm to people's rights to health and safety, a clean environment, property, their economic interests, or their reputations. A "tort" is a wrong in civil, rather than criminal law, that usually requires a payment of money to make up for damage that is caused. Alongside contracts and unjust enrichment, tort law is usually seen as forming one of the three main pillars of the law of obligations. In English law, torts like other civil cases are generally tried in front a judge without a jury. History Following Roman law, the English system has long been based on a closed system of nominate torts, such as trespass, battery and conversion. This is in contrast to continental legal systems, which have since adopted more open systems of tortious liability. There are various categories of tort, which lead back to the system of separate causes of action. The tort of negligence is however increasing in importance over other types of tort, prov ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Res Ipsa Loquitur
''Res ipsa loquitur'' (Latin: ''"the thing speaks for itself"'') is a doctrine in the common law and Roman-Dutch law jurisdictions under which a court can infer negligence from the very nature of an accident or injury in the absence of direct evidence on how any defendant behaved in the context of tort litigation. Although specific criteria differ by jurisdiction, an action typically must satisfy the following elements of negligence: the existence of a duty of care, breach of appropriate standard of care, causation, and injury. In ''res ipsa loquitur'', the existence of the first three elements is inferred from the existence of injury that does not ordinarily occur without negligence. History The term comes from Latin and is literally translated "the thing itself speaks", but the sense is well conveyed in the more common translation, "the thing speaks for itself". The earliest known use of the phrase was by Cicero in his defence speech ''Pro Milone''. The circumstances of the genes ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Smithdown Road, Liverpool
Smithdown Road is a historic street in Liverpool, England, which now forms part of the A562. The area was previously known as Smithdown (Esmedune or Smeedon in Olde English) and dates back to 1086 when it was listed in the Domesday Book. The causeway that actually became what is now Smithdown Road emerges in documentation around 1775. It is currently the location of Toxteth Park Cemetery, Wavertree Playground and was previously the location of Sefton General Hospital, known as the Smithdown Hospital and before that the ''Old Workhouse.'' Demographics Smithdown Road, a long-established student quarter, is home to a large percentage of Liverpool's 55,000-plus university student population (alongside the city centre and Kensington). The upper part of the street separates Toxteth (L8) and Wavertree (L15), two of Liverpool's most ethnically diverse districts; Smithdown Road itself is the hub of Merseyside's Afro-Caribbean community. The area surrounding Smithdown Road is also home ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Liverpool
Liverpool is a city and metropolitan borough in Merseyside, England. With a population of in 2019, it is the 10th largest English district by population and its metropolitan area is the fifth largest in the United Kingdom, with a population of 2.24 million. On the eastern side of the Mersey Estuary, Liverpool historically lay within the ancient hundred of West Derby in the county of Lancashire. It became a borough in 1207, a city in 1880, and a county borough independent of the newly-created Lancashire County Council in 1889. Its growth as a major port was paralleled by the expansion of the city throughout the Industrial Revolution. Along with general cargo, freight, and raw materials such as coal and cotton, merchants were involved in the slave trade. In the 19th century, Liverpool was a major port of departure for English and Irish emigrants to North America. It was also home to both the Cunard and White Star Lines, and was the port of registry of the ocean li ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lawton LJ
Sir Frederick Horace Lawton (21 December 1911 – 3 February 2001) was a British barrister and judge who served as Lord Justice of Appeal from 1972 to 1986. Early life and career Frederick Lawton was born in Wandsworth, London, the son of William John Lawton and Ethel, ''née'' Hanley. His father, a former insurance agent, had joined the Prison Service, and became Governor of Wandsworth Prison, the first prison governor to rise from the ranks. He was educated at Battersea Grammar School and then at Corpus Christi College, Cambridge, where he took first-class honours in part one of the History tripos and an upper second-class honours in part two of the Law tripos. After flirting with Communism there, Lawton joined the British Union of Fascists and founded the Cambridge University Fascist Association. Early legal career Lawton was called to the bar at the Inner Temple in 1935, and joined the chambers of Norman Birkett — 1 Brick Court. As a junior barrister, he def ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Megaw
Sir John Megaw, (16 September 1909 – 27 December 1997) was a British judge who eventually rose to Lord Justice of Appeal and Irish international rugby union player. Early life and career Born in Dublin, Megaw was the son of Irish (later Northern Irish) politician and judge Robert Megaw and the brother of the crystallographer Helen Megaw. After the creation of the Irish Free State, his father, a strong Protestant, relocated the family to Belfast. He was educated at the Royal Academical Institution in Belfast, before being elected to an open scholarship in Classics at St John's College, Cambridge. After gaining a first in Part I of the classical tripos, he switched to Law, gaining a first in Part II of the law tripos and in the LLB (which, at the time was a postgraduate law degree). He then attended Harvard Law School on a Choate fellowship. He also played rugby union internationally for Ireland, delaying his call to the bar for a term to take part in a match. Megaw was c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Goddard, CJ
William Edgar Rayner Goddard, Baron Goddard, (10 April 1877 – 29 May 1971) was Lord Chief Justice of England from 1946 to 1958, known for his strict sentencing and mostly conservative views despite being the first Lord Chief Justice to be appointed by a Labour government, as well as the first to possess a law degree. Goddard's no-nonsense reputation was reflected in a number of nicknames that he acquired, which included: 'The Tiger', 'Justice-in-a-jiffy', and—from Winston Churchill—'Lord God-damn'. He was considered one of the last hanging judges. Early life and career William Edgar Rayner Goddard was born on 10 April 1877 at Bassett Road, Notting Hill, London, the second of three sons and the third of five children of the solicitor Charles Goddard (22 February 1843 – 27 May 1922) and his wife Janet née Jobson, who was from Sheffield (1851 – 8 June 1934). He went by his third name Rayner throughout his life. Goddard attended Marlborough College, where he decided ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Tort Case Law
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community * Engli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Occupier Case Law
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community * E ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
