law cases flashcards

Mrs Berrimans husband was killed while oili g the points on the rail road the life insurnace policy by the rail company was to be paid out if her husband was killed relaying or repairing the train tracks but becuase he was only mantiang them they did not need to pay out. 

Example of the Literal rule 

4 four year old boy was killed whilst playing on colliery machinary after making his way in through a frequntly used gap in the fence, courts decided that Colleiry owner owed no duty of care to boy therefore no compensation as boy was a tresspasser 

example of original judical precedent 

two prositutes soliciting into the public street from private balcony law stated illegal to solicit in public place but they were in a private place. Courts decided that their act fell within mischeif that law was trying to stop so they were found guilty 

Example of the mischeif rule 

When building the new Canary warf towers the building of them interfered with the tv signal of residents on the isle of dogs. the residents filed for private nuisiance the courts decided that the developers were within their rights to build as they pleased on their lamd and the blocking of the signal was just unfortunate and did from that point forward ruled that interference tv tv signal did not and could not amount to actionable nuisence 

Example of Original Precedent 

Shivpuri was caught trying to smuggle in what they thought was drugfs but it turend out to be vegatable matter. The courrts still found shivpuri guilty of attermpting to smuggle drugs despite it being an imposible crime as it was not drugs. 

A 6 year old boy was electrocuted and suffered severe burns when wandered from play park onto live rail line railway was protected by a fence but part of it had been pushed down and broken part often used as cutthrough defendent was aware of fence break but did othing about it. under exisiting Addie v Dumbreck precedent no duty of care was owed to tresspassers but HOL departed from this using the practice statment  and decided that the defendednt owed duty of common humanity to tresspassers 

Example of the practice statement