Caswell v Powell Duffryn Associated Collieries Ltd

JurisdictionUK Non-devolved
Date1939
CourtHouse of Lords
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536 cases
  • Hicks v British Transport Commission
    • United Kingdom
    • Court of Appeal
    • 12 March 1958
    ...It must depend upon all the facts of the case. 41 The learned Judge I think was clearly influenced by the well-known passages in Caswell's case, and he took sthe view that this might well have been a matter of momentary inadvertence not amounting to negligence. Caswell's case, however, was ......
  • Sungravure Pty Ltd v Meani
    • Australia
    • High Court
    • Invalid date
  • Dorothy Henry v Superior Plastics Ltd
    • Jamaica
    • Supreme Court (Jamaica)
    • 6 June 2002
    ...under the Factories Regulation 57 The law on this point has been stated with great clarity by the House of Lords in Caswell v Powell Duffryn Associated Collieries Limited [1940] A.C. 152, at 164–165 by Lord Atkin: The person who is injured, as in all cases where damage is the gist of the a......
  • Sundram Ramasamy v Arujunan Arumugam and Another
    • Malaysia
    • Supreme Court (Malaysia)
    • Invalid date
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10 books & journal articles
  • Misfeasance in public office: a very peculiar tort.
    • Australia
    • Melbourne University Law Review Vol. 35 No. 1, April 2011
    • 1 April 2011
    ...held that contributory negligence was no defence, but the House of Lords disagreed in Caswell v Powell Duffryn Associated Collieries Ltd [1940] AC 152. In Piro v W Foster & Co Ltd (1943) 68 CLR 313, the High Court fell into line with the House of (179) A Wednesbury unreasonableness stan......
  • Table of Cases
    • United Kingdom
    • Wildy Simmonds & Hill Saggerson on Travel Law and Litigation - 7th Edition Contents
    • 30 August 2022
    ...Committee [1907] 2 KB 499, 76 LJKB 734, 97 LT 209, 23 TLR 580, KBD 10.354, 10.355 Caswell v Powell Duffryn Associated Collieries Limited [1940] AC 152, [1939] 3 All ER 722, HL 5.212 Cavendish Square Holding BV v Makdessi [2015] UKSC 67, [2016] AC 1172, [2015] 3 WLR 1373 4.30 Chapleton v Bar......
  • Contributory Negligence in the Twenty‐First Century: An Empirical Study of First Instance Decisions
    • United Kingdom
    • The Modern Law Review No. 79-4, July 2016
    • 1 July 2016
    ...accompanying notes 1-2 above and the sources cited in those notes.114 See, for example, Caswell vPowell Duffryn Associated Collieries Ltd [1940] AC 152, 179-180 perLord Wright; Hutchinson vLondon and North Eastern Rly Co [1942] 1 KB 481, 488 per GoddardLJ; Hopwood vRolls-Royce Ltd (1947) 17......
  • Liability for Lack of Conformity
    • United Kingdom
    • Wildy Simmonds & Hill Saggerson on Travel Law and Litigation - 7th Edition Contents
    • 30 August 2022
    ...Regulations 1992 and 2018 are claims in contract. 196 Then a complete defence. 197 Caswell v Powell Duffryn Associated Collieries Limited [1940] AC 152. the alleged breach of duty is a breach involving the failure on the part of the tour operator or a supplier to exercise reasonable care. L......
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