A Modern View of the Law of Torts by J. S. Colyer and W. A. J. Farndale (Auth.)

By J. S. Colyer and W. A. J. Farndale (Auth.)

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He must exercise the very greatest care in dealing with the dark secrets of the mind". ) (Landau v. )5 (6) A surgeon left a swab inside a patient's abdomen after operating. (Dryden v. C. (1936) ;6 Cooper v. C. ). It was never decided whether he had taken such care since the "pursuer" (Scots for plaintiff) died before thefinaladjudication. R. 174. C. C). R. 342. 5 (1961), The Times newspaper, 8 March 1961. R. 535. 7 (1961), The Times newspaper, 10 March 1961. NEGLIGENCE 41 (7) A passenger boarded a moving train.

5) Defence of person or property (§18). (6) Statutory authority (§19). (7) Ex turpi causa (§20). (8) Exercise of a legal right (§21). (9) Legal processes (§22). (10) Extinction of remedies (below, Part 6). : (1) (2) (3) (4) Inevitable Accident (§23). Mistake: Insanity (§24). Rule in Smith v. Selwyn (§25). Acts of Third Party (below, pp. 50 and 67-8). §14. VOLUNTARY ASSUMPTION OF RISK, CONTRACT, CONSENT If a person suffers loss because he has voluntarily exposed that interest of his which has been affected to a risk of the nature and extent of which he had full knowledge, then he loses his right of action against the author ofthat risk.

6. PARENTS AND CHILDREN Before leaving the topic "liability for another person's acts", we x Honeywill and Stein Ltd. v. B. ). Hardaker v. B. 335. 3 Below, p. 201. 4 Below, p. 128. 5 Matania v. Nat. R. 633 6 Reedie v. N. W. Ry. (1849), 4 Ex. 244. 2 JOINT TORTFEASORS 23 should consider the legal position of parents whose children commit torts. Contrary to popular belief, a parent is not liable as such for the torts of his children. g. if they authorise the tort, or if they exercise such control over the child's activity as to constitute him a "servant" and the tort is committed in the course of his "employment".

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