Facts Birmingham Waterworks Co were responsible for laying water pipes and other infrastructure around the Birmingham area They installed a water main on the street where Blyth lived. 25 years after it was installed, the water main sprung a leak […]
Category: Tort Law
Bolton v Stone [1951] 1 All ER 1078
Facts Cricket had been played on the Cheetham Cricket Ground, which was surrounded by a net, since the late 1800s. In 1947, a batsman hit the ball over the fence, hitting Miss Stone and injuring her. In the history of […]
Rylands v Fletcher [1868] UKHL 1
Facts Rylands paid contractors to build a reservoir on his land, intending that it should supply the Ainsworth Mill with water. Rylands played no active role in the construction, but instead contracted out the work to an engineer. As the […]
Jones v Manchester Corporation [1952] 2 QB 852
Facts Mr Jones suffered burns and presented at hospital. His condition was not life-threatening. He was seen by two doctors, Dr Sejrup (2 years’ experience) and Dr Wilkes (5 months’ experience). The two doctors discussed and decided to put him […]
Tabet v Gett (2010) 240 CLR 537
Facts Reema Tabet was a six-year-old child who was admitted to hospital on 11 January, suffering from vomiting and headaches and having recently suffered from chicken pox. On 14 January, she suffered a seizure. Investigations concluded that she had a […]
Rixon v Star City Casino [2001] NSWCA 265
Facts Rixon was the subject of an exclusion order from the Sydney Casino, under the relevant Act. Seemingly unaware he had been excluded, Rixon attended the Casino. He was approached by a casino employee who placed his hand on his […]
Universal Communication Network Inc trading as New Tang Dynasty v Chinese Media Group (Aust) Pty Ltd and Chan [2008] NSWCA 1
Facts Universal Communication Network Inc (UCM), based in New York, ran a television channel called New Tang Dynasty which broadcast Chinese language programming all over the world. Chinese Media Group (Aust) Pty Ltd published an article which contained a number […]
Victorian Railways v Coultas (1888) PC 21 Jan 1888
Note: this case is an early case that has been largely overruled, however it is useful to show the history of the “nervous shock” doctrine. Facts Mrs and Mr Coultas were riding together in a horse-drawn buggy between Melbourne and […]
Chaudhary v Prabakhar (1989) 1 W.L.R 29
Note: this is a UK case. Facts The Plaintiff (Chaudhary) asked her friend, the Defendant (Prabahkar), to help her find a new car, because he knew a lot about cars (although he was not a mechanic). She said it was […]
Cook v Cook (1986) 162 CLR 376
Facts The Defendant, Margaret, was an inexperienced driver without even a learner’s permit when her family member, Irene, (the Plaintiff) told her to drive her car. They began to drive together, however the Defendant thought she was going to hit […]