Dizzy heights and occupiers' liability

Reviews case law on the occupier's duty of care to trespassers under the Occupiers' Liability Act 1984 s.1, including the issues that apply where the trespasser engaged in risky behaviour, was a child, and where the property was inherently dangerous.

Exploiting virtual prototyping for reliability assessment

Products manufactured by the electronics sector are having a major impact in telecommunications, transportation space applications, biomedical applications, consumer products, intelligent hand held devices, and of course,the computer. Demands from end-users in terms of greater product functionality, adoption of environmentally friendly materials, and further miniaturization continually pose several challenges to electronics companies. In the context of electronic product design and manufacture, virtual prototying software tools are allowing companies to dramatically reduce the number of phsysical prototypes and design iterations required in product development and hence reduce costs and time to market. This paper details of the trends in these technolgies and provides an example of their use for flip-chip assembly technology.

More than a nuisance: personal injury under Rylands

Discusses, by reference to case law, whether damages for personal injury are recoverable under Rylands v Fletcher liability. Considers the issue by reference to a hypothetical scenario in which a claimant suffers personal injury as a result of a chemical leak from a factory for which the factory owner is not at fault. Considers claims based on diminution in amenity and for consequential loss.

Duty of care and slippery floors

Reflects on the scope of a shop owner's duty of care under the Occupiers' Liability Act 1957 to keep floors clear of spillages. Reviews the principles formulated by the Court of Appeal in Ward v Tesco Stores Ltd, including the evidential burden to show the discharge of the duty, and the approach adopted in subsequent cases. Discusses the High Court ruling in Piccolo v Larkstock Ltd (t/a Chiltern Flowers) on whether a small florist on Marylebone Station concourse was obliged to keep the floor dry and petal-free at all times and notes the importance of a proper system to safeguard customers.

Joint ownership and beneficial entitlement: Stack v Dowden.

Explores the issue of the share of beneficial entitlement to the family home where the legal title is jointly owned, but where there has not been an express declaration of a beneficial joint tenancy. Discusses the House of Lords judgment in Stack v Dowden which addressed this point. Explains how the judges moved the focus away from the court imposing its own sense of fairness on the parties or imputing an intention based on the circumstances to one where the concentration will be on the parties' relevant conduct. Outlines three other points of interest referred to in the judgment: (1) whether an indirect financial contribution could support a constructive trust; (2) whether proprietary estoppel and common intention constructive trusts should be assimilated; and (3) whether a mortgage liability is equivalent to a financial contribution.

The legal pendulum swings back

Comments on the Court of Appeal judgment in Abou-Rahmah v Abacha on liability for dishonest assistance to a breach of trust. Discusses whether an objective standard should apply to determine whether the accessory acted dishonestly. Reviews case law, examining whether the combined test proposed in the House of Lords judgment in Twinsectra Ltd v Yardley is still good law.

A connection too far

Examines the test for vicarious liability for intentional torts laid down by the House of Lords in Lister v Hesley Hall Ltd requiring a close connection between an employee's tort and his employment. Reviews subsequent case law, highlighting inconsistencies in the courts' approach as to whether a close connection existed. Asks whether the cases suggest that the courts are applying a separate test based on the fairness of holding the employer liable. [From Legal Journals Index]