The following PI & Clinical Negligence practice note provides comprehensive and up to date legal information covering:
The general principles of negligence apply, namely that the claimant has to establish that the defendant owed them a duty to take reasonable care to avoid property damage or personal injury resulting from the defective product. The claimant must also prove that the breach of the duty of care caused the claimant damage. The court will assess whether a manufacturer has exercised reasonable care in relation to their product by considering the circumstances of the case, including:
the likelihood of the injury happening
the extent of the injury
was the danger concealed or obvious
relevant safety standards
the benefits of the product
the cost of reducing or eliminating risk
In general, there can be no claim in negligence for pure economic loss. There must be personal injury or damage to property other than the product supplied in order to bring a claim in negligence. Therefore, a property owner who discovers a major defect in windows that presents an imminent risk of them falling out and injuring passers-by cannot bring a claim for recovery of the costs of the necessary remedial work against a negligent manufacturer (they would have to bring a claim for breach of contract, assuming they had a contract with the manufacturer of the windows).
Product liability claims can arise from a broad range of activities and occurrences. Those that have
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The principle of transferred maliceIf a person has a malicious intent towards X and, in carrying out that intent, injures Y, he is guilty of an offence. So, if D shoots at A with intent to kill him but kills B by mistake it is murder; the mistake as to the identity of the victim is irrelevant as D
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.You should also consider if the proceedings will be
A declaratory judgment is a judgment identifying the rights, duties or obligations of one or more parties in a dispute. It is legally binding, but does not order any action by a party. A court may issue it alone or in conjunction with some other relief such as an injunction and can be granted on an
For guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see Practice Note: Estoppel—what, when and how to plead and related content.Promissory estoppel—what is it?Where A has, by words or conduct, made to B a clear and unequivocal
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