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Butterfield v. Forrester, 11 East. 60, 103 Eng. Rep. 926 (K.B. 1809), was an English case before the King's Bench that was the first appearance of contributory negligence as a common law defence against negligence. [1]
The case is also influential in negligence in the English law of tort (even though English law does not recognise "allurement" per se). The case's main significance is that, after the shift within the common law of negligence from strict liability [1] to a reasonable standard of care, [2] this case advocated a middle way, namely:
The case of Donoghue v Stevenson [8] [1932] established the modern law of negligence, laying the foundations of the duty of care and the fault principle which, (through the Privy Council), have been adopted throughout the Commonwealth. May Donoghue and her friend were in a café in Paisley. The friend bought Mrs Donoghue a ginger beer float ...
Davies v. Mann, 152 Eng. Rep. 588 (1842), was an English case that contained the first formulation of the "last clear chance" or “last opportunity rule” doctrine in negligence law. [2] The case concerned an accident in which a donkey, belonging to the plaintiff, was killed after a wagon, driven by the defendant, collided with it.
The doctrine of contributory negligence was dominant in U.S. jurisprudence in the 19th and 20th century. [3] The English case Butterfield v.Forrester is generally recognized as the first appearance, although in this case, the judge held the plaintiff's own negligence undermined their argument that the defendant was the proximate cause of the injury. [3]
Tarasoff v. Regents of the University of California, 551 P.2d 334 (Cal. 1976): A case in which a patient told his psychiatrist that he had thoughts of killing a girl. Later he did kill the girl. A leading case in defining the standard of the duty of care, and the duty to warn. Trimarco v. Klein, Ct. of App. of N.Y., 56 N.Y.2d 98, 436 N.E.2d 502 ...
Oliver, J., heard the case at first instance in the Manchester Michaelmas Assizes on 15 December 1948. He delivered a short judgment on 20 December 1948, dismissing each ground of the claimant's case, holding that there was no evidence of any injury in the previous 38 years, so there was no negligence; Rylands v Fletcher was not applicable; and a single act of hitting a cricket ball onto a ...
Robinson v Chief Constable of West Yorkshire Police [2018] UKSC 4 is a leading English tort law case on the test for finding a duty of care.An elderly woman was injured by two police officers attempting to arrest a suspect and she claimed that the police owed her a duty of care not to be put in danger. [1]