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injury was not essential in such a case, provided that some personal injury (of whatever kind) was foreseeable. Lord Lloyd, at 190 … The test in every case ought to be

should be ‘principled’ in the sense that the distinction between cases is based on sound reasoning. This essential feature applies just as strongly to ‘policy’ decisions as to any other

it essential, for example, that this is a case where several tortious exposures each fails to pass the ‘but for’ test? Lord Bingham of Cornhill 2 The essential question

dishonesty is an essential element. 4.2 Underlying Rationales Illegality has its basis in public policy. The following, much-cited passage refers to cases where there

 . . If the foregoing are the essential features of Donoghue’s case they are also to be found, in their Lordships’ judgment, in the present case. The presence of the deleterious

Chapter 3. Essentials of Negligence: Establishing Liability 3. 10 Annual profits were estimated at £344 million. Having said that, it appears that by the time the case reached the

therefore requires a grasp of some essential principles of causation. One type of case to which the contribution legislation applies is the case of joint liability. Here, there is

 . . The essential distinction between the present case and the situation being considered in the Hedley Byrne case and in the two earlier cases is that in those cases the advice

been used in a number of cases, including McKennitt v Ash , it was only in Vidal-Hall v Google Inc [2015] EWCA Civ 311 that categorization became essential: this decision is extracted

of locomotives specifically. These were not essential to the purpose of the enterprise so authorized. Although the plaintiffs in that case were successful, the judges clearly thought

the view that control of the environment in which injury is caused is an essential element in the kind of case with which we are presently concerned. The defendant is not usually in control

damages, and the case for treating dishonest converters differently, were discussed in the case of Kuwait Airways. We now turn to the important issues in that case surrounding damages

Donoghue v Stevenson ( Chapter 3. Essentials of Negligence: Establishing Liability 3 ). On the other hand, it is unusually clear in the case of the occupier’s liabilities that some

above. How did these principles apply to the present case? Toulson CJ The present case 47 In the present case it was Mr Khan’s job to attend to customers and to respond

normally, and hopefully almost always, the essential ingredients of the tort. 106. Wilkinson v Downton and Janvier v Sweeney were cases where the statement made by the defendant

described alternatively in terms of acts or omissions. ‘A medical man who diagnoses a case of measles as a case of scarlet fever may be said to have omitted to make a correct diagnosis; he may

In later case law, Ex p. Hague has been explained as a case where the relevant Rules were ‘regulatory in character’. Therefore, like Lonrho , the case could have been disposed