In my opinion this is what caused the plaintiff to injure himself. The defendant should have undertaken to repair the platform so that the gap wouldn't be so large and that people could exit and enter the train safely. In the case Helen Palsgraf v. The Long Island Railroad Company, a case that occurred on May 31, 1923 the plaintiff was injured when another passenger was attempting to board a train while carrying a package...
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A conductor tried to help her with this package which contained fireworks. The package slipped out of his hands causing an explosion which knocked down scales and caused injuries to the plaintiff. In my opinion the defendant was not negligent and was only trying to help. The defendant owed the plaintiff a duty for a safe train ride...
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Legal Framework In order that sound advise be given, it must first be determined what tort or torts are relevant. The facts of this case indicate that there appears to be an issue with regard to the tort of negligence, in particular one of a negligent act...	1 / 249
Tort Law Although a neighbour principle has been constructed, it has been criticised as being too wide in defining the liability for negligence. It is therefore necessary for making some clarifications or narrowing the area of negligence...	2 / 313
w.l gore and associates The position up to 1963, then, despite the dissenting judgment of Denning LJ in CANDLER v CRANE CHRISTMAS 2 KB 164, was that there was no recovery for loss incurred through reliance on a careless misstatement except, for example: P in contract (now much affected by the Misrepresentation Act, 1967) P where there was a fiduciary relationship ? for example, solicitor and client: NOCTON v LORD ASHBURTON [1914] AC 932 P where the loss was physical ? for example, where someone is injured by a structure which the defendant has said is safe: CLAYTON v WOODMAN & SON (BUILDERS) LTD [1962] 2 QB 533; CLAY v A J CRUMP & SONS LTD [1964] 1 QB 533 P by statute ? for example, under the Directors' Liability Act, 1890, a duty was imposed on company directors to take care in making statements ( now see s...	6 / 1441
Law Assignment The following elements must be established in order to amount to a fraudulent misrepresentation; • There must be a false statement of fact, not opinion, unless the person making the statement did not hold that opinion, • The representation must be untrue, • The person making the representation must know that it is false, or not believe in its truth, or be recklessly careless, • The representation must be made with the intention that the other party acts in reliance to it, • The statement must actually deceive the innocent party, i...	6 / 1613