Transport in UK Law

Leading Cases
  • London Passenger Transport Board v Upson
    • House of Lords
    • 09 December 1948

    In the view that I have formed it is not necessary for me to deal with the question of negligence. I desire only to register my dissent from the view expressed by the Master of the Rolls that drivers It is common experience that many do not. A driver is not of course bound to anticipate folly in all its forms, but he is not in my opinion entitled to put out of consideration the teachings of experience as to the form those follies commonly take.

  • R (Morge) v Hampshire County Council
    • Supreme Court
    • 19 January 2011

    Democratically elected bodies go about their decision-making in a different way from courts. But the courts should not impose too demanding a standard upon such reports, for otherwise their whole purpose will be defeated: the councillors either will not read them or will not have a clear enough grasp of the issues to make a decision for themselves.

  • Addie (Robert) and Sons (Collieries) Ltd v Dumbreck
    • House of Lords
    • 25 February 1929

    Towards the trespasser the occupier has no duty to take reasonable care for his protection or even to protect him from concealed danger. An occupier is in such a case liable only where the injury is due to some wilful act involving something more than the absence of reasonable care. There must be some act done with the deliberate intention of doing harm to the trespasser, or at least some act done with reckless disregard of the presence of the trespasser.

  • Burnell v British Transport Commission
    • Court of Appeal
    • 01 December 1955

    It would be moot unfair that cross-examining Counsel should use part of the document which was to his advantage and not allow anyone, not even the Judge or the opposing Counsel, a sight of the rest of the document, much of which might have been against him.

  • Videan v British Transport Commission
    • Court of Appeal
    • 28 May 1963

    It seems to me that, if a person by his fault creates a situation of peril, he must answer for it to any person who attempts to rescue the person who is in danger. The rescuer may act instinctively out of humanity or deliberately out of courage. But whichever it is, so long as it is not wanton interference, if the rescuer is killed or injured in the attempt, he can recover damages from the one whose fault has been the cause of it.

  • King v Bristow Helicopters Ltd Re M
    • House of Lords
    • 28 February 2002

    From the point of view of the passenger or the owner of baggage or cargo, the imposition of liability without proof of fault on the carrier and the nullification of provisions relieving him of liability or restricting the amount of his liability are very significant advantages. From the point of view of the carrier too however there are significant advantages in the system laid down by the Convention.

  • John Hudson & Company, Ltd v Kirkness (HM Inspector of Taxes)
    • Court of Appeal
    • 02 December 1953

    What would anyone accustomed to the use of the words "sale" or "sold" answer? It may be defined to be a transfer of the absolute or general property in a thing for a price in money. Hence it follows that, to constitute a valid sale, there must be a concurrence of thefollowing elements, viz: (1) Parties competent to contract; (2) mutual assent; (3) a thing, the absolute or general property in which is transferred from the seller to the buyer; and (4) a price in money paid or promised."

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