Barry J sought to define wilful misconduct through negligence as: ‘he took a risk which he knew he ought not to take.’
Judges:
Barry J
Citations:
[1952] 2 Lloyd’s Rep 460
Cited by:
Cited – National Semiconductors (UK) Ltd v UPS Ltd 1996
Longmore J sought to define the term ‘wilful misconduct’ as established by the authorities: ‘If I summarise the principle in my own words, it would be to say that for wilful misconduct to be proved there must be either (1) an intention to do . .
Mentioned – TNT Global Spa and Another v Denfleet International Ltd and Another CA 2-May-2007
The driver of a lorry carrying the claimant’s goods was said to have fallen asleep at the wheel, and the cargo damaged in the accident. The carrier appealed a finding of liability for wilful misconduct.
Held: ‘I am unable to accept that mere . .
Lists of cited by and citing cases may be incomplete.
Torts – Other
Updated: 10 May 2022; Ref: scu.258460