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 something which the actor knows to be wrong or (2) a reckless act in the sense that the actor is aware that loss may result from his act and yet does not care whether loss will result or not.’
Judges:
Longmore J
Citations:
[1996] 2 LL Rep 212
Jurisdiction:
England and Wales
Citing:
Cited – Horobin 1952
Barry J sought to define wilful misconduct through negligence as: ‘he took a risk which he knew he ought not to take.’ . .
Cited by:
Cited – 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: 01 May 2022; Ref: scu.258459