Breach of duty

Sierra Leone — Supreme Court · 1963

Principle established: Even if a driver improperly enters a street, an oncoming driver remains under a duty of care to avoid a collision if it can be averted by ordinary care.

Sierra Leone — Supreme Court · 1963

Principle established: A driver owes a duty to exercise ordinary care to avoid a collision even when another vehicle has wrongfully entered the roadway.

Kenya · 2018

Principle established: In a road traffic accident claim, the plaintiff must prove negligence on the part of the defendant's driver to recover damages for injuries sustained.

Lanbuk on the Law of Torts · 1856

Principle established: Negligence is the omission to do something a reasonable man would do, or doing something a prudent and reasonable man would not do (Alderson B).

Lanbuk on the Law of Torts · 1957

Principle established: A professional is judged by the standard of the ordinary skilled person professing that skill (McNair J).

United Kingdom · 1957

Principle established: A professional is not negligent if he acts in accordance with a practice accepted as proper by a responsible body of professional opinion.

Lanbuk on the Law of Torts · 1951

Principle established: The likelihood of harm is weighed in deciding breach; a reasonable person need not guard against very small risks.

Lanbuk on the Law of Torts · 1927

Principle established: Negligent statements that cause harm to the person are actionable.

Lanbuk on the Law of Torts · 1932

Principle established: Lord Dunedin: people must guard against reasonable probabilities, but not fantastic possibilities.

Sierra Leone — Supreme Court · 1963

Principle established: A driver is negligent if he fails to avert colliding with a pedestrian who has already progressed sufficiently into the roadway to be clearly visible.

Sierra Leone — Supreme Court · 1963

Principle established: A pedestrian who has advanced sufficiently into the road is not guilty of contributory negligence for failing to check traffic where an oncoming driver could have avoided him.

Lanbuk on the Law of Torts · 1953

Principle established: The cost and practicability of precautions are weighed against the risk.

Lanbuk on the Law of Torts · 1977

Principle established: Where harm is likely and recurring, failing to prevent it is a breach.

Sierra Leone — Supreme Court · 1963

Principle established: Car owners remain jointly and severally liable for negligence if ownership has not been formally transferred at the time of an accident.

Sierra Leone — Supreme Court · 1963

Principle established: Car owners remain jointly and severally liable for negligence if ownership has not been formally transferred at the time of an accident.

Sierra Leone — Court of Appeal · 2018

Principle established: In claims for damages for breach of duty and end-of-service benefits, the court considers settlement proposals and applications for summary judgment to determine appropriate compensation.

Sierra Leone — Court of Appeal · 2019

Principle established: The court considered an application for summary judgment in a case involving damages for breach of duty and recovery of medical expenses and end-of-service benefits.

Lanbuk on the Law of Torts · 1971

Principle established: The standard of care is objective; inexperience is no excuse (Lord Denning MR).

Lanbuk on the Law of Torts · 1951

Principle established: The seriousness of the possible injury, including the claimant's known vulnerability, affects the precautions required.

Lanbuk on the Law of Torts · 1987

Principle established: There is generally no duty to prevent third parties from causing harm; precautions need not be intolerably burdensome.

Lanbuk on the Law of Torts · 1967

Principle established: A reasonable person does not ignore a real risk that could easily be avoided, and is expected to have the knowledge of his position.

Lanbuk on the Law of Torts · 1954

Principle established: The social utility of the defendant's activity is weighed against the risk (Denning LJ).