Case laws

Negligence

Roshwell vs Chemical and Insulating co ltd pleural plaque litigation, but if some injury is
caused in the present, the plaintiff can recover damages for the risk that may happen in the
future due to this risk.

Donoghue vs Stevenson (1932): - the principle of foreseeability and proximity – again

confirmed in the case of home office vs Dorset Yacht co ltd (1970)

- home office vs Dorset Yacht co ltd: - ten borstal trainees were working on Brownsea
Island in Poole Harbour under the control of three officers employed by the Home
Office. Seven trainees escaped one night; at the time, the officers had retired to bed,
leaving the trainees to their own devices. The seven trainees who escaped boarded a
yacht and collided with another yacht, the property of the respondents, and damaged
it. The owners of the yacht sued the Home Office for negligence and damages. The
case is relevant because it elucidates on the notion set by Lord Atkin.

Misrepresentation by a skilled person- a new duty evolved in the case of

- Hedley Byrne co ltd vs Heller and Partners Ltd (1964).

Res ipsa loquitur: - the thing speaks for itself.

- Byrne vs Boadley (1863): -

- Municipal corporation of delhi vs subhagwanti (1966): -
- Stock vs London duck co (1865): -

Contributory negligence

- Butterfield vs Forrester (1809): -

Last opportunity rule

- David vs Mann (1842)

Strict liability

- Ryland vs fletcher (1868)

Absolute liability
 - M.C Mehta vs uoi (1987)

Waiver by election’s distinction of election of remedies and election of substantive right

established by the case united Australia vs Barclay bank ltd (1941)

Acquiescence: - surfoo shaikh vs futtesh shaikh (1871).

Defamation to a person: - hault co vs jones (1910)

Newstead v London Express (1940) :- A statement referring to a real person and alleging
something true about him may yet be defamatory of another person being the same name.

Innuendo: - tolly vs js fryand sons ltd (1931)