Common Law Reasoning

Choose any decision of the House of Lords that you incur teaching 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 looker the play l turn up which struck and wound the answering who was standing on street attached the ground. The cricket ball was strive off of the ground even though there was a preventative turn everyplace rising to cardinal feet above the cricket pitch. The outer space from the striker to the fence was to the highest degree seventy eight yards and that to the fundament where the respondent was hit was about one hundred yards. The cricket ground had been tenanted and used as a cricket ground for about ninety years. However there was separate that on just about six occasions in a period of over thirty years a ball had been hit into the highway but no one had been injured. The respondent claimed damag es for nonperformance 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? bump: The land owner does not owe a superfluous duty of care to persons on an adjoining highway. The landowner is held to be a just, ordinary and prudent person.

The approach held that in this case, the guess of a ball escaping the field was so low that a healthy person would not have taken throw out precautions. Unless one has committed acts that are unreasonable, he has not breached a duty to his neighbour. RESULTS: The app ellants were not liable to the respondent be! cause for negligence to be present in an act, not exclusively a reasonable possibility should be happening but also of brand being caused to the respondent. Therefore from the facts given in Bolton v. Stone case, the gamble of injury to a person on the highway resulting from the impinging 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 gravel a full essay, order it on our website: OrderCustomPaper.com

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