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SUBJECT: Legal Theory

CASE STUDY: Best vs Samuel Fox & Company, 1952


Citation of the above case is [1952] A.C. 716
ABSTRACT:
In this project, the researcher wants to do case study on the case law on Best vs Samuel Fox
& Company, 1952. In this case, Judges involved are Lord Porter, Lord Goddard, Lord Oaksey,
Lord Morton of Henryton and Lord Reid, of APPEAL from the Court of Appeal. The facts of the
case stated by Lord Goddard and the Judgment passed by Lord Porter, Lord Goddard, Lord
Oaksey, Lord Morton of Henryton and Lord Reid.
Firstly, the researcher starts with the statement of facts in brief like how a married
woman whose husband has been injured by a negligent act or omission has no right of action
against the negligent person in respect of loss or impairment of consortium consequential on the
injury. After the researcher points outs the issues in the above case law and gives the reasoning
in legally how this particular case is related to the concept of negligence.
Moreover, he mainly explains the reasons how it is settled law that a husband can bring
an action per quod consortium amisit in respect of any tort by a third person resulting in injury
to his wife and thereby depriving him of that consortium will be mentioned in the project.
In middle of this case study researcher also takes part to point out Involvement of the Married
Women's Property Act, 1882 will be explained in the project. Researcher according to our
university research guide will do all the citation methods and conduct of research. Finally
researcher wants to conclude the case after solving the point of issues involved by using the
decision held in the present case and another related particular decided cases on the concept of
negligence.
The detailed description of this case analysis with relevant and precedent cases will be
mentioned in this project, any other findings will be added to the final project with suggestions
and recommendations

By, D. Venkata Krishna (2015031), Sec. A , 4th semester.

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