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Thursday, December 26, 2013

Common Law Reasoning

Choose any decision of the House of Lords that you incur playing area this term in Tort, Crime, Contract or General Principles of Law, and critically examine the common law reasoning within it. (3-4 pages) BOLTON V STONE FACTS: During a play match, a batsman take out the cricket l turn up which struck and hurt the answering who was standing on way attached the ground. The cricket ball was take in off of the ground even though there was a preventative contest rising to xvii feet above the cricket pitch. The outer space from the striker to the fence was slightly seventy eight yards and that to the fundament where the respondent was hit was about one hundred yards. The cricket ground had been engaged and used as a cricket ground for about ninety years. However there was separate that on or so six occasions in a period of everywhere thirty years a ball had been hit into the highway but no one had been injured. The respondent claimed damages for carelessness from the appellants, as occupiers of the ground. ISSUE: What is the standard of solicitude owed by a land owner to persons on an conterminous highway? incur: The land owner does not owe a extra duty of care to persons on an adjoining highway. The landowner is held to be a just, ordinary and prudent person.
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The approach held that in this case, the run a riskiness of a ball escaping the field was so low that a bonnie person would not have taken rent along precautions. Unless one has committed acts that are unreasonable, he has not breached a duty to his neighbour. RESULTS: The appellants were no t liable to the respondent because for negli! gence to be present in an act, not exclusively a reasonable possibility should be happening but also of ground being caused to the respondent. Therefore from the facts given in Bolton v. Stone case, the risk of injury to a person on the highway resulting from the smash of a cricket ball out of the ground was so small that the probability of such an injury would not be anticipated by a reasonable man....If you want to get a full essay, order it on our website: OrderCustomPaper.com

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