Tagged: Negligence
Slip and Fall in snow and ice
It is settled law in Ireland that a public authority is not liable for damage arising from “non-feasance”. This means that, if the public authority fails to exercise a statutory power, and loss is sustained which would have been avoided if the power had been exercised, the public authority is not accountable in law for that failure.
Running Time
This is good. It is good for two reasons; firstly, the Council’s ruling (although not entirely selfless) will allow injured persons to access legal advice promptly after an error (and retrieve evidence before it is lost).
Sample Personal Injury Summons
the Plaintiff suffered severe personal injury and suffered loss damage and expense.
NAMA “Reform”
Conventionally, to propose a debate is to, impliedly, claim to be reasonable. Calling for a debate overlooks the fact that we cannot, and should not, submit everything to debate; where things are settled and agreed, they should not be opened to examination (and procrastination), unnecessarily.
A Money Furnace
The government seems to have a furnace somewhere to dispose of old banknotes, such is their fondness, to the point of habit, for burning public funds.
My policies!
Owners of property are generally aware of the need to take out insurance policies against loss or damage to the property. It is foolish to think, for instance, that if something falls from the sky onto a building, a viable claim in negligence will subsist against some person to pay for the damage caused to the building. Furthermore, as a practical matter, it is foolish to think that even if such a claim were to validly subsist, that that would be easily converted into the full recovery of that compensation.
Time Wasters
“Most of the suggestions put in cross-examination to the plaintiff as to what he should have done were farfetched and wholly unreal as I have already indicated.”
Anglo Irish Bank Corporation (2)
There is a complete desert of information on the issue of the auditing of Anglo Irish Bank by Ernst & Young. The first pertinent question to ask is, who were the accountants, as opposed to the auditors? Were Ernst & Young also the accountants? The standard of care for an auditor is, almost invariably, that of the reasonably careful member of his profession. In short, just like a medical practitioner, the auditor is judged by the standards of practice among […]
Work Accidents
If you are injured at work, it is extremely likely that your employer is responsible for the accident. It is one of the duties of your employer that he/she provide you with a safe place of work.
Charlie Chaplin and Ingenuity?
It happened in 1932, in Donoghue v Stevenson [1932] AC 562. The defence in the case relied on the fact that the Plaintiff had no privity of contract with the Defendant. She, the Plaintiff had consumed some of the contents of a bottle of ginger beer. She discovered what she perceived as the remains of a decomposing snail in the bottom of the bottle and became ill as a consequence. She had been given the beer by the purchaser.