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1 – 10 of 321L.J. Davies, Edmund Davies and L.J. Buckley
July 6,1971 Building — Construction Regulations — “Working place” — Guard‐rails to be erected where workmen liable to fall more than six feet six inches — Partly demolished…
Abstract
July 6,1971 Building — Construction Regulations — “Working place” — Guard‐rails to be erected where workmen liable to fall more than six feet six inches — Partly demolished building — Floorboards removed to make four—feet—wide passageways with gap in between — Whether passageways a “working place” — Whether “impracticable” to erect guard‐rails — Construction (Working Places) Regulations, 1966 (S.I. 1966, No. 94), regs. 28(1), 38(1).
L.J. Davies, Edmund Davies and L.J. Karminski
February 10, 1971 Factory — Statutory duty — Breach — Lighting — Maintenance — Lighting on kiln roof and on chimney stack — Control of roof lights at ground level — Workman…
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February 10, 1971 Factory — Statutory duty — Breach — Lighting — Maintenance — Lighting on kiln roof and on chimney stack — Control of roof lights at ground level — Workman injured — Action against employers — Allegations of negligence and breach of statutory duty in statement of claim not established — Amendment to statement of claim allowed at late stage of trial — Findings of negligence and breach of statutory duty against employers based solely on amendment — Amendment wrongly allowed — Factories Act, 1961 (9 & 10 Eliz. II, c. 34), ss. 5(1), 28(4), 29(1).
L.J. Davies, Edmund Davies and L.J. Stamp
June 10, 1971 Negligence — Burden of proof — Res ipsa loquitur — Whether necessary to plead‐Accident during course of employment — Workman injured by fall of heavy panels — Action…
Abstract
June 10, 1971 Negligence — Burden of proof — Res ipsa loquitur — Whether necessary to plead‐Accident during course of employment — Workman injured by fall of heavy panels — Action against employer — Allegation that workmen moving panels caused or permitted them to fall — No alternative explanation — Applicability of doctrine of res ipsa loquitur — Damages — Agreed continuing annual loss — Dispute as to total sum awarded — Basis of calculation to be disclosed to court.
L.J. Willmer, L.J. Davies and Edmund Davies
November 28, 1967 Factory — Lifting tackle — Hook — Steelworks — Removal of scab — Hook placed under it — Hook suspended from chain of crane — Strain taken up by crane to enable…
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November 28, 1967 Factory — Lifting tackle — Hook — Steelworks — Removal of scab — Hook placed under it — Hook suspended from chain of crane — Strain taken up by crane to enable brick to be placed under scab — Whether “raising” operation — Factories Act, 1961 (9 & 10 Eliz. II. c.34), s. 26(1).
L.J. Davies, Edmund Davies and L.J. Phillimore
February 5, 1970 Negligence — Standard of care — Turner injured while manually polishing work in lathe — Danger known to employers — Evidence of common practice — Whether…
L.J. Sellers, L.J. Davies and Edmund Davies
November 23, 1966 Negligence — Duty of care to whom? — Several contractors — Number of small sub‐contractors providing labour for work on site — No provision in contracts for…
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November 23, 1966 Negligence — Duty of care to whom? — Several contractors — Number of small sub‐contractors providing labour for work on site — No provision in contracts for necessary safety precautions — Main contractor retaining over‐riding control — Sub‐contractor's men working in close proximity to opening in roof — Fall of workman employed by other sub‐contractor through unfenced opening — Liability of all contractors — Apportionment.
Business contracts are formed through negotiations, where the parties agree on some terms, disagree on others and keep yet others undecided. Over a period of time, they see…
Abstract
Business contracts are formed through negotiations, where the parties agree on some terms, disagree on others and keep yet others undecided. Over a period of time, they see themselves as having moved from being negotiating parties to contracting parties, settling on most of the terms. The law, however, states that a contract is formed when a person makes an offer and the other accepts it. The principle arose from the rudimentary trade practices in the past. The principles coming from the prior centuries and the modern business practices may not be in consonance. The Gibson v. Manchester City Council Case, a judgement of the House of Lords of the United Kingdom, reviewed attempts to modernize the law.
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Edmund Davies, L.J. Stamp and L.J. Scarman
Damages — Loss of future earnings — Assessment of — Domestic worker injured in fall at work — Injury to shoulder and right arm resulting in partial permanent disability — No…
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Damages — Loss of future earnings — Assessment of — Domestic worker injured in fall at work — Injury to shoulder and right arm resulting in partial permanent disability — No immediate loss of earnings — Employers' undertaking to retain in employment — Risk of future unemployment — Factors to be taken into account in assessing damages.
M.R. Denning, Edmund Davies and L.J. Megaw
January 28,1971 Trade union — Rules — Discretion conferred on domestic tribunal to approve or disapprove elected shop steward — Committee decision not to endorse elected shop…
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January 28,1971 Trade union — Rules — Discretion conferred on domestic tribunal to approve or disapprove elected shop steward — Committee decision not to endorse elected shop steward — One of three reasons given erroneous and defamatory of shop steward — Action for declarations and damages — Finding by trial judge that bad reason played no part in committee's decision — Appellate court bound by judge's finding — Whether decision not to approve election within committee discretion.
Edmund Davies, L.J. Stamp and L.J. Stephenson
July 6, 1973 Factories — Eyes — Protective equipment — Whether “suitable” goggles “provided” — Whether compliance with statutory duty excludes employers' common law duty of care …
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July 6, 1973 Factories — Eyes — Protective equipment — Whether “suitable” goggles “provided” — Whether compliance with statutory duty excludes employers' common law duty of care — Duty of employers at common law — Non‐Ferrous Metals (Melting and Founding) Regulations, 1962 (S.I. 1962 No. 1667) reg. 13(1) (c),(4).