Is the defendant's risky activity socially important? However, the defendant did not do any precaution. The defendant was in an argument with another in a pub. Cook v Square D Ltd [1992] ICR 262, 268 and 271. It is a matter of fact and degree. A defendant does not have to totally eliminate the risk but must do as much as the reasonable person would do in the circumstances. Cook v Square D Ltd [1992] ICR 262, 268 and 271. Facts. ⇒ See, for example, Latimer v AEC Ltd. [1953] 5) The Defendant’s Financial Circumstances ⇒ The court will not usually take into account D’s financial circumstances (i.e. Following an exceptionally heavy storm, water entered a factory and covered much of the floor; when it drained away (after mixing with the coolant used for the machinery) it left a thin film of an oily liquid on the floor. Watt v Hertfordshire [1954] 1 WLR 835 Case summary . The claimant was a workman at the defendant’s factory. Once you have completed the test, click on 'Submit Answers for Feedback' to see your results. Latimer v AEC [1953] Definition. Held: defendants had not been negligent to minimise any possibility of risk to their employees. Was it unreasonable for the cricket club to play cricket in an area as it was near a public area? There was no duty to close the factory. References: [1953] 2 All ER 449, [1953] AC 643, [1953] UKHL 3 Links: Bailii Coram: Lord Oaksey, Lord Porter Try the multiple choice questions below to test your knowledge of this chapter. The claimant slipped while working in an untreated area and was injured. Therefore, the danger was not such as to impose upon a reasonable employer the obligation to close the factory. United Kingdom The standard which must be met is that of the ‘reasonably prudent employer’, Latimer v AEC … Setting a reading intention helps you organise your reading. Issue: Setting a reading intention helps you organise your reading. LATIMER v. A. E. C. LIMITED Lord Porter Lord Oaksey Lord Reid Lord Tucker Lord Asquith of Bishop-stone Lord Porter MY LORDS, In this case the Appellant recovered a sum of £550 as damages for injuries which he alleged had been (the result of a failure on the part of the Respondents in breach of their statutory duty to maintain one of the gang­ways in their works in an efficient state. Enjoy the videos and music you love, upload original content, and share it all with friends, family, and the world on YouTube. Practicability of precautions. Paris v Stepney BC (1951) Loss caused by the breach In Latimer v AEC Limited (3) a heavy rain storm flooded a factory and made the floor slippery. Facts. Wilsons & Clyde Co Ltd v English [1938] AC 57. However, they thought that such conditions might make the floor improperly maintained if they were allowed to persist for a significant length of time. Latimer v AEC Ltd. Risk may be worth taking if the cost of precautions was excessive. Setting a reading intention helps you organise your reading. Act, Regulation or Reference: Occupiers Liability Act 1957. Latimer v AEC Ltd [1953] 2 All ER 449, HL. The factory had become flooded due to adverse weather conditions. The Civil Evidence Act 1968 may be relevant here. Latimer v. AEC Ltd. (p. 47)—”reasonably prudent employer” Under US law this issue is decided by the jury if reasonable people could disagree about the answer under the relevant rule or standard. https://casebrief.fandom.com/wiki/Latimer_v_A.E.C.?oldid=10480. Issues of costs and practicalities – Latimer v AEC Ltd; Social value of Defendants actions – e.g. You can filter on reading intentions from the list, as well as view them within your profile.. Read the guide × The place of employment must be safe, it must include safe premises with a safe working environment. The defendant had done all they could reasonably do. You can filter on reading intentions from the list, as well as view them within your profile.. Read the guide × Citations: [1953] AC 643; [1953] 3 WLR 259; [1953] 2 All ER 449; (1953) 117 JP 387; (1953) 97 SJ 486; [1953] CLY 2513. R v Latimer, 1 SCR 217, was a decision by the Supreme Court of Canada in the controversial case of Robert Latimer, a Saskatchewan farmer convicted of murdering his disabled daughter Tracy. Doctrine of Transferred Malice. Latimer v AEC Ltd AC 643: Floor of a factory became slippery with water and oil owing to a flood caused by a heavy rainfall. Did the wrongdoer follow the usual practice and if not, was there a good reason not to? Freak Accident This case deals with the position at common law relating to an "unprecedented, unexpected and … Latimer v AEC Ltd [1953] AC 643: Floor of a factory became slippery with water and oil owing to a flood caused by a heavy rainfall. They were not in breach of their duty to the claimant, as they were not required to take excessive measures such as shutting down the factory. The argument escalated and the defendant attempted to hit the other man with his belt, but missed. A.E.C. Practicability of precautions. 4. However, there was not enough sawdust to cover the whole area. The general standard of care is that of the ‘reasonable man’ (Glasgow Corporation v Muir). Issue. Latimer v AEC Ltd. Risk may be worth taking if the cost of precautions was excessive. The duty is personal and non-delegable, Wilsons & Clyde Co Ltd v English [1938]. lack of funds), HOWEVER see the case of Knight v Home Office [1990] Latimer slipped regardless and injured himself. He was working on a repair to an airway on the Mine Jigger … The claimant sued the defendant in negligence. The claimant, Miss Stone, was walking on a public road when she was hit on the head with a cricket ball. Act, Regulation or Reference: occupiers Liability Act 1957 of Latimer v AEC Ltd 1953! Good reason not to the implementation of this chapter, at 28-29 supplies of sawdust be laid on the floor! 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