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The law of torts





                  Illustration 4 – Negligence



                  PARIS v STEPNEY BOROUGH COUNCIL1951

                  Facts:

                  Paris was employed by the council on vehicle maintenance.  It was not normal
                  practice to supply the workers with protective goggles when working.  Paris was
                  already blind in one eye.  Whilst working a chip of metal flew out and hit him in
                  his good eye rendering him completely blind.

                  Held:

                  Paris was especially vulnerable to injury and as such a higher standard of care
                  was owed to him than to other workers.


               Loss caused by the breach

                             A claimant must demonstrate that he has suffered loss or damage as a
                             direct consequence of the breach.   If he cannot prove this he will not be
                             entitled to damages.


                             The claimant must establish a causal link between the defendant’s
                             conduct and the damage which occurred:

                                  If the damage was caused by something or someone else there
                                   will be no liability on the defendant’s part.

                                  If the claimant would have suffered the loss regardless of the
                                   defendant’s conduct then he has not caused the loss.



























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