StudentShare solutions
Triangle menu


Nobody downloaded yet

Extract of sample

But the safety crew did not give the warning. Such failure of BBC, through the safety crew, is considered negligent which caused Jones' accident. Thus, the BBC was liable for Jones' injuries. The cameraman and Jones worked as a team because their equipment was linked. Jones with his equipment was following the cameraman who had decided to pass beneath the mast thereby leading Jones into the hazardous area. The cameraman was then in breached of his duty of care and the BBC was vicariously liable for that negligence. In Wilsons & Clyde Coal Company, Limited v English, [1938] A.C. 57, the House of Lords stated as follows: " primarily the master has a duty to take due care to provide and maintain a reasonably safe system of working in the mine, and a master, who has delegated the duty of taking due care in the provision of a reasonably safe system of working to a competent servant, is responsible for a defect in the system of which he had no knowledge"
Breach of Employer's Duty. Following the rulings in the Jones and Wilsons cases, it is clear that the football club is under a duty of care to provide Lampost with competent fellow employees, properly maintained site and facilities, and to provide a safe place and system of work. The question of whether the football club breached that duty of care depends on the standard of care owed by the defendant football club to its employee and whether it has taken reasonable steps considering the circumstances. (Latimer v A.E.C. Ltd.[1953]) In Jones, the breach of the employer's duty consists in BBC's failure (through its safety crew) to discuss with the cameraman and Jones the risk of the falling mast and to warn the cameraman and Jones in unequivocal terms that they must not go beneath it. In Wilsons, the breach by the employer consists of its failure to provide competent fellow employees, properly maintained mine and equipment, and to provide a safe place and system of work. In the case of Lampost, the failure of the football club to provide sufficient number of medical personnel and immediate treatment which caused Lampost's permanent limp and disability to play professional football constitutes a breach of the standard care required of the football club. Under the circumstances, having only one emergency doctor during a match is far from meeting the reasonable standard of care. First, it can reasonably be expected that injuries are bound to occur in a football match because, by the very nature of the game alone, it is physically strenuous and demanding. Second, it is a mathematical fact that the game is played by at least 22 players and having only one doctor during a match clearly does not meet the required standard of care. Third, considering that it was a premiership match, it can reasonably be expected that players are more competitive than usual and thus, injuries are bound to result from the matches. Hence, the football club should have hired more than one doctor. Moreover, following McDermid v Nash Dredging and Reclamation Co. Ltd. [1987], it can also be inferred that the football club is in breach ...Show more
Cite this document
  • APA
  • MLA
(“LAMPOSTS CLAIM IN THE LAW OF TORT Case Study Example | Topics and Well Written Essays - 1500 words”, n.d.)
Retrieved from
(LAMPOSTS CLAIM IN THE LAW OF TORT Case Study Example | Topics and Well Written Essays - 1500 Words)
“LAMPOSTS CLAIM IN THE LAW OF TORT Case Study Example | Topics and Well Written Essays - 1500 Words”, n.d.
  • Cited: 0 times


Employer's Duty of Care. In the recent case of Jones v BBC, 2007 WL 2187023 (QBD), Jones, a freelance sound recordist for defendant BBC, claimed that he suffered personal injury caused by the negligence of the defendants. During a recording of the lowering of a windmill mast, and while Jones was walking under the inclined mast, the windmill rotor fell onto his back causing severe spinal injury rendering him paraplegic…
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the case study on your topic
with a personal 20% discount.
Grab the best paper

Check these samples - they also fit your topic

Tort Law Case Study
ACE Sports, the nurse, the surgeon and City General hospital. These entities had active involvement in this particular incident as all of them including Bobby were primarily involved in this catastrophic event. Also, the nurse and the surgeon had contributed towards the eventual outcome as they were involved in inappropriate treatment and surgery that Bobby underwent (Smith, 2009).
3 pages (750 words) Case Study
Tort Law Essay
Essentially, where there has been a situation where an individual suffers a loss and is injured as a result of the negligence of another, they may be entitled to claim losses from the negligent individual or party. Broadly speaking, in order for there to be a valid claim in negligence, there must be a duty of care from the plaintiff to the claimant; secondly, there must have been a breach of this duty; and thirdly, a causal link both factually and legally must exist between the breach and the harm suffered by the individual.
10 pages (2500 words) Case Study
Business Law,law of tort
The words 'the celebrity lawyer now finds himself in the frame' are in fact defamatory since when they are interpreted, they mean that the lawyer found himself in hot soup trouble. 1 The defamatory statement is written hence it qualifies as a libel. My first advice to Nick Freeman is to bring an action for libel which is adorable without the plaintiff having to prove special damage.
8 pages (2000 words) Case Study
Tort Law
The author was a journalist who wrote a book entitled "Bent Coppers: The Inside Story of Scotland Yard's Battle Against Police Corruption" which was published by the publisher Orion Publishing Group Ltd. The author had been an officer in the Metropolitan police until his resignation upon a finding of an internal disciplinary panel.
10 pages (2500 words) Case Study
Homeowners file a tort claim against a theme park
In criminal law, the state is portrayed as the bigger offended party than the plaintiff such that if a defendant is proven guilty the state metes out the appropriate punishment. It is different in tort cases, in which the plaintiff, whose more popular assignation now is “claimant,” is the victim of the alleged wrong.
10 pages (2500 words) Case Study
Tort Law Ph.D. Case Study
(Railtrack, accessed on 15.03.206) 5. British Rail received complaints from tenants who had set up musical rehearsal studios under the railway arches between Loughborough Junction and the Elephant and Castle about the interference of from TI 21 circuits.
5 pages (1250 words) Case Study
Contract Law and Tort Law
There was a notice which said "All activities undertaken at your own risk." The boys, accompanied by Potter went to a cafe, owned by "Thrills and Spells", for lunch. The floor was unfinished and several rolls of linoleum were lying around. Edmund, one of the pupils, tripped over a roll of linoleum, hurt his head and became unconscious.
8 pages (2000 words) Case Study
The Law of Tort
For instance a claimant can sustain an action in trespass and not in negligence notwithstanding that he or she has not incurred damages.2 Bridgit Dimond explains that: Trespass to the Person is often founded on assault, battery and false imprisonment.
20 pages (5000 words) Case Study
Law of Tort
Identify and explain the legal issues these concerns raise in relation to nuisance and advise the Board of any potential liability they have to the complainants. In this instant case we are presented with a case of nuisance where all the elements are present.
8 pages (2000 words) Case Study
British Tort Law
In England and Wales, the law of tort covers five types of offenses: trespass of land, trespass against goods, trespass against person, negligence and defamation (Wikipedia). Trespass on land, goods and person is altogether the most common type of tort, but in all cases the main concern is the allocation of responsibility for whatever losses are sustained.
10 pages (2500 words) Case Study
Comments (0)
Click to create a comment
Let us find you another Case Study on topic LAMPOSTS CLAIM IN THE LAW OF TORT for FREE!
Contact us:
Contact Us Now
FREE Mobile Apps:
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us