H&S Case Law

Case Law Database




CONTENTS



PAGE



2 Summers (John) & Sons v. Frost (1955) - “Absolute Duty”


3 Edwards v. National Coal Board (1949) – “Reasonably Practicable”


4 Marshall v. Gotham & Co Ltd (1954) – “Practicable”


5 Uddin v. Associated Portland Cement Manufacturers Ltd (1965) “Breach of Statutory Duty”


6 Donoghue v. Stevenson (1932) – “Neighbour Principle”


7 Wilsons and Clyde Coal Co. Ltd v. English (1938) – “Employers Common Law Duties”


8 British Railways Board v. Herrington (1972) – “Occupiers Liability (Trespass)”



9 Smith v. Baker & Sons (1891) – “Voluntary Acceptance of Risk”



10 McWilliams v. Sir William Arrol & Co. Ltd (1962) – “Breach Must Cause Injury”


11 Corn v. Weirs Glass (Hanley) Ltd (1960) – “Safe Place of Work”


12 Latimer v. AEC Ltd (1953) – “Safe Place of Work”


13 R v. Swan Hunter Shipbuilder & Another (1982) “Safety of 3rd Parties (Provision of Info)”


14 R v. Associated Octel Co Ltd (1996) – “Safety of 3rd Parties (Provision of SSoW)”


15 Rylands v. Fletcher (1861) – “Nuisance (Strict Liability)”


16 Cambridge Water Co v Eastern Counties Leather plc (1994) – “Nuisance”


17 Armour v Skeen (1977) “Personal Liability of Executives”


18 Tesco Supermarkets Ltd v Nattrass (1971) – “Due Diligence”


19 Mersey Docks and Harbour Board v. Coggins and Griffiths (Liverpool) Ltd (1947) – “Vicarious Liability”


20 Caparo v. Dickman (1990) – “Duties Owed to Others”


21 Walker v Northumberland County Council (1994) – “Stress”










© Nick Higginson 2002

Summers (John) & Sons v. Frost (1955)


“Absolute Duty”


The claimant’s hand came into contact with moving grinding wheel in breach of the Factories Act 1961, Section 14(1). The defendant argued that if a grinding wheel was securely fenced the machine would be unusable. The court rejected this proposition and refused to read the words so far as is reasonably...