Subject Matter Index
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Circumstances under which one person can claim that another person owed him a duty of care
Condition to be satisfied for a defendant who pleads latent mechanical defect to be acquitted of negligence
Conditions to be satisfied for a defendant to be held liable in negligence
Doctrine of common employment
Duty of care on a driver who intends to turn to another lane
Duty of plaintiff in an action for negligence to give specific particulars and effect of failure to do so
Duty of plaintiff to give particulars of negligence
Duty of the plaintiff to lead evidence in proof of negligence
Effect of failure to prove particulars of negligence in an action for negligence
Effect of failure to set out particulars of negligence
Elements of negligence
Essential elements a plaintiff must establish in an action in negligence
Extent of a bailee's liability for negligence
Facts that must be pleaded in an action in negligence
How an allegation of negligence against a corporate body is treated
How an allegation of negligence should be pleaded
How to establish liability for negligence in tort
How to establish negligence
Ingredients of the tort of negligence
Meaning of negligence
Meaning of negligence in the exercise of a special skill
Meaning, nature and ingredients of negligence
Method of calculating damages for negligence
Nature of damages that could result from negligence
Nature of police reports in establishing liability in a negligence claim
Nature of the burden of proof on the plaintiff in an action in negligence
Need for a claimant to plead the particulars of negligence and prove that the accident was the result of the defendant's negligence
Need for the plaintiff to provide particulars in a claim for negligence
Negligence as a matter of fact
Onus on the plaintiff to establish causative connection between the defendants' breach of duty and the injury suffered by the plaintiff
Position of the law on evidence of negligence
Position of the law on negligence associated with diagnosis
Position of the law on the effect of the criminal trial on a claim of negligence in a civil action
Presumption of negligence in collision cases
Purport of the tort of negligence
Remedy where a breach of duty has caused loss
Requirements for a successful claim in damages for negligence
Standard of care owed by a banker
The burden on the defendant who pleads latent mechanical defect in exculpation of negligence
The cardinal principle of liability in the tort of negligence
The most fundamental ingredient of the tort of negligence
The mutual duty of care placed on persons driving on the highway
The neighbourhood principle
The onus on the plaintiff alleging negligence on the part of a manufacturer
The position of the law on negligence in relation to the driver of a vehicle
The position of the law with regard to proof of negligence in medical practice
The presumptions which are raised where an accident is caused by an employee
The principle that negligence is a question of fact and not of law
The principle that the claimant must be able to link the breach of duty of care which occasioned the injury to the defendant
The remedy available to a victim of negligence
The rule that negligence is only actionable if actual damages is proved
The rule that the particulars of the breach of duty must be set out in the pleadings
The rule that there must be a sufficient relationship of proximity or neighbourhood between the wrongdoer and the person who has suffered damage
The rule that where a following vehicle collides with the vehicle preceding it, the driver of the following vehicle is prima facie negligent
The rule that where a vehicle is overtaking another vehicle the duty of avoidance of collision lies wholly on the overtaking vehicle
The rule to be applied in cases of dilemma created for one person by the negligence of another
The test for determining whether an accident was foreseeable
The test of negligence
The two-fold test of negligence
What a plaintiff must prove in an action for negligence founded on an accident
What amounts to negligence
What must be proved in order to succeed in a claim for negligence
What must be shown before a court can find the defendant liable in negligence
What negligence entails
What the defendant must prove in a negligence action
What the plaintiff must plead and prove in an action in negligence
When a bank will be deemed negligent
When a collecting bank will be held liable in negligence
When a defendant will be liable in negligence
When a medical man would be found guilty of negligence
When liability will be established in the tort of negligence
When the tort of negligence arises
Whether a bank acting as a collecting bank for a cheque can be liable in negligence
Whether a breach of the Highway Code raises a presumption of negligence
Whether a breach of the Road Traffic Regulations amounts to negligence
Whether a manufacturer would be held liable in evidence even where he leads evidence on fool-proof system
Whether a party will be held liable for the negligent act of a stranger done without his consent
Whether a person who creates a dangerous situation can be critical of the conduct of those he had caused harm to as a result of his dangerous act
Whether a plaintiff can recover for negligence if his goods turn out to be the only ones lost or damaged in a carriage by sea
Whether a plea of guilty is conclusive proof of or admission of liability for negligence in civil proceedings
Whether a road user is responsible for damage suffered by another road user who avoided colliding with him
Whether adopting a general practice excludes liability for negligence
Whether an employee will be held liable where an unorthodox method is used by the employee
Whether an employer is liable for injuries sustained from a defect known to the employer
Whether an importer of drinks can be held liable for negligence
Whether full particulars of negligence must be stated and cogent evidence proved in support
Whether he who alleges negligence has the burden of proving such allegation
Whether in a case of injury by the negligent act of an employee, who had authority to do some act for some purpose, a presumption is raised that the employee was acting within the scope of his employment
Whether it is a matter of fact or law whether a driver drove his vehicle without due care
Whether it is necessary to prove negligence in order to establish liability where a dangerous thing such as electricity is used by a statutory authority
Whether negligence can be considered by the court although not pleaded
Whether negligence can be used as a defence to an action in tort
Whether negligence is a matter that must be proved; When an issue of negligence should be transferred to the general cause list
Whether negligence is actionable even though there is no contract between the parties
Whether negligence must be pleaded specifically where it has been admitted
Whether negligence must be specifically pleaded
Whether pleading guilty to driving offences and being convicted and sentenced by the court raises a presumption of negligence
Whether proof of damage alone is sufficient in an action in negligence
Whether providing an address different from the one given by the shipper amounts to negligence
Whether speeding per se is proof of negligence
Whether the breakdown of a vehicle is evidence of negligence
Whether the claimant is under a legal duty to plead the particulars of negligence in order to succeed in his claim
Whether the court can infer negligence on the part of the defendant
Whether the fact of a needle being left in the plaintiff's abdomen raises a presumption of negligence
Whether the fact of ownership of a car is prima facie evidence where a plaintiff proves that damage has been caused by the defendant’s motor car
Whether the fact that a person was hit by a driver of a vehicle constitutes negligence
Whether the failure to prove negligence affects the right of the plaintiff under the Workmen's Compensation Act
Whether the foundation of duty of care is the basis of action in negligence
Whether the issue in accident cases is whether it could be established exactly how it happened
Whether the mere fact of an accident occurring at a junction while a leading vehicle is being overtaken is prima facie evidence of negligence
Whether the mere presence of foreign or deleterious matter is enough evidence of negligence
Whether the presence of a vehicle on a pavement raise the presumption of negligence
Whether the tort of negligence can arise from a breach of contract
Whether the tort of negligence can arise from contractual dealings
Whether there is a distinction between negligence and gross negligence in a case of bailment
Whether there is prima facie negligence where money received by a bank was paid into an account not authorized by the customer
Whether there will be liability for negligence where the no legal duty is imposed on the defendant
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