What happened in Latimer v AEC?
Latimer v AEC. The claimant worked in the defendant’s factory and slipped up on the factory floor. The factory had become flooded due to adverse weather conditions. The trial judge held that there had been a breach of duty as the defendants should have closed the factory if it was unnsafe.
Why was there no breach of duty in Latimer v aec?
It was held that the defendants had not been negligent and they had taken all reasonable precautions that could have taken to minimise any possibility of risk to their employees. Thus, there was no breach of their duty of care and it was not reasonable to shut down the entire factory.
What did Pitt Hunt fail to establish?
The trial judge was wrong in principle in finding that the Claimant was 100% contributory negligence since the wording of the Act precluded such a finding. S. 148(3) of the Road Traffic Act did preclude the application of the defence of volenti non fit injuria.
What happened in Miller v Jackson?
The case of Miller v Jackson1 is a case on nuisance. The tort of nuisance provides that there will be a remedy where an indirect and unreasonable interference to land has occurred. Where a nuisance is found to have occurred the court may grant an injunction restricting the nuisance from occurring in the future.
Why is the but for test important?
Spanning both civil and criminal law, the but for test broadly asks: “But for the actions of the defendant (X), would the harm (Y) have occurred?” If Y’s existence depends on X, the test is satisfied and causation demonstrated. If Y would have happened regardless of X, the defendant cannot be liable.
Is illegality a full defence?
whether the underlying purpose of the law which has been broken will be enhanced by denying the claim; any other relevant public policy which may be affected by denying the claim; and. whether denying the claim would be a proportionate response to the illegality.
What is the meaning of ex turpi causa non oritur actio?
Ex turpi causa non oritur actio (Latin “from a dishonorable cause an action does not arise”) is a legal doctrine which states that a plaintiff will be unable to pursue legal relief and damages if it arises in connection with their own tortious act.
Who won in Miller v Jackson?
Decision/Outcome The court held that the defendants were liable in both nuisance and negligence. Specifically, the court held that in the context of a claim of nuisance, it was no defence to argue that the plaintiff had come to the nuisance, as was established in Sturges v Bridgeman [1879] 11 Ch D 852.
What is coming to the nuisance?
Nuisance Defenses There are several defenses available to those accused of creating a nuisance. One important defense is called ‘coming to the nuisance’. It applies when the harmful activity was operating before the plaintiffs acquired the property impacted by the nuisance.
What was the outcome of Latimer V AEC Limited?
Latimer v AEC Limited: HL 25 Jun 1953 The Appellant had recovered damages for injuries which he alleged had been the result of a failure on the part of the Respondents in their statutory duty to maintain one of the gangways in their works in an efficient state.
Why was Latimer employed by A.E.C.?
Latimer was employed by A.E.C.. On the afternoon of the day of the accident, an exceptionally heavy rainstorm had flooded the whole of A.E.C.’s premises. Oil, which normally ran in covered channels in the floor of the building, rose to the surface and when the water drained away, left an oily film on the floor.
What was Lord Porter’s duty in Latimer V A.E.C?
Lord Porter states that their duty is to determine what action a reasonable person would have taken in the circumstances given the circumstances that no one else slipped or even acknowledged that there was a reasonable risk of doing so. Even the safety engineer did not state that any more steps than were taken should have been performed.
How did Latimer fall on his back and break his ankle?
A.E.C. took measures to clean away the oil, using all the sawdust available to them. Latimer came on duty with the night shift, unaware of the condition of the floor. While endeavouring to place a heavy barrel on a trolley, his foot slipped on the still oily surface, he fell on his back, and the barrel crushed his left ankle.