Tort
Time Wasters
“Most of the suggestions put in cross-examination to the plaintiff as to what he should have done were farfetched and wholly unreal as I have already indicated.”
Bait and Switch
“Overbooking” involves the sale of more “product” than a trader can supply (usually on the principle that some consumers will cancel).
Work Accidents
If you are injured at work, it is extremely likely that your employer is responsible for the accident. It is one of the duties of your employer that he/she provide you with a safe place of work.
Charlie Chaplin and Ingenuity?
It happened in 1932, in Donoghue v Stevenson [1932] AC 562. The defence in the case relied on the fact that the Plaintiff had no privity of contract with the Defendant. She, the Plaintiff had consumed some of the contents of a bottle of ginger beer. She discovered what she perceived as the remains of a decomposing snail in the bottom of the bottle and became ill as a consequence. She had been given the beer by the purchaser.
Negligent? So what?
The logic in the title to this post is lurking in every action alleging negligence, but it is a formidable retort in a medical negligence action.
Proofs in Medical Negligence
A plaintiff must prove the liability of the defendant. This is not equivalent to proving causation. Liability may arise where proof of an error in judgment or management is established, but the plaintiff must go in to prove that that error was the cause, or a cause, of the untoward outcome for the patient.
Contaminated Irish Pork: who pays?
Each purchaser in a supply chain has a claim for breach of contract against the supplier. Thus, the shops and retailers generally in Ireland are obliged to make good the loss to the consumer by the breach of contract. That loss, currently is measured by the cost of the defective product. (The burden of proving the product is defective lies on the purchaser, but that is an issue unlikely to represent a problem).
Emma Duddy v North Western Health Board & Anor.
She suffers from cerebral palsy after the alleged mismanagement of her birth.
Cerebral Palsy claims * : The Statute of Limitations for injuries at birth
Time only runs against a plaintiff who knows he/she has been injured (or could reasonably ascertain he/she has been injured) AND knows who or what has injured him/her (or could reasonably ascertain who or what has injured him/her).