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Monday, October 21, 2013

Common Law Reasoning

Choose any decision of the House of Lords that you incur airfield this term in Tort, Crime, Contract or General Principles of Law, and critically examine the common law reasoning within it. (3-4 pages) BOLTON V STONE FACTS: During a play match, a batsman smash-up the play l turn up which struck and hurt the answering who was standing on track attached the ground. The cricket ball was collision off of the ground even though there was a preventative vie rising to seventeen feet above the cricket pitch. The outer space from the striker to the fence was closely seventy eight yards and that to the fundament where the respondent was hit was about one hundred yards. The cricket ground had been occupied and used as a cricket ground for about ninety years. However there was separate that on round six occasions in a period of everyplace thirty years a ball had been hit into the highway but no one had been injured. The respondent claimed damages for remissness fr om the appellants, as occupiers of the ground. ISSUE: What is the standard of solicitude owed by a land owner to persons on an conterminous highway? formula: The land owner does not owe a finicky duty of care to persons on an adjoining highway. The landowner is held to be a just, ordinary and prudent person.
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The approach held that in this case, the bump of a ball escaping the field was so low that a clean person would not have taken upgrade precautions. Unless one has committed acts that are unreasonable, he has not breached a duty to his neighbour. RESULTS: The appellants were not liable to the respondent because for negligence to be pres! ent in an act, not exclusively a reasonable possibility should be happening but also of undercoat being caused to the respondent. Therefore from the facts given in Bolton v. Stone case, the gamble of injury to a person on the highway resulting from the collision of a cricket ball out of the ground was so small that the probability of such an injury would not be anticipated by a reasonable man....If you want to channel a full essay, order it on our website: OrderCustomPaper.com

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