Law of Tort

The clear difficulty with such a test is that it is inevitably based upon questions of fact. In spite of this handicap the administrations have had commensurate success in setting out clear guidelines that relinquish a court to have a frame for its analysis. The parallelism concern is that it is built around a patchwork of case-law; from severally case a specific 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 one eye and employed as a welder. He was non provided with protective equipment for his eye(s). Even though it was ceremonious that the provision of such equipment was not standard subroutine the court ruled that the defendant should have considered the extreme consequences and that it was a applicable factor. The second factor that is considered by the courts is the likelihood of the consequences occurring. In Bolton v Stone [1951] AC 850 th e court considered whether it would be average to assume a cricket ground to erect a dismiss to prevent cricket balls from leaving the ground. The court examined the probabilities of the consequences occurring and say that the likelihood of occurrence was a relevant factor. The case of Latimer v AEC Ltd. [1953] AC 643 provides the third factor that is considered.

The defendant is only derive to suck measures that are sightly and it is possible that the only possible vogue of preventing a particular harm would require a disproportionate funding. In Latimer a product of flooding and other(a) materials rend ered the floor of the grinder exceedingly s! lippery. The defendants placed sawdust but did not close the factory, a step that the claimant maintained they should have taken. The provide of Lords ruled that the ground level of risk had to be weighed against the extent of curative work that was necessary. In this case it would not have been reasonable to require them to shut down the entire factory. The most sparse of the factors...If you want to get a full essay, order it on our website: OrderCustomPaper.com

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