Franklin v The Gramophone Company Ltd: CA 1948

Compliance with statutory obligations, which may be of limited scope, does not necessarily absolve a defendant from liability in negligence. It is only if the section is ambiguous, unclear or open to two reasonable interpretations that its penal effect may indicate the narrower construction.


[1948] 1 KB 542


England and Wales

Cited by:

CitedExel Logistics Ltd v Curran and others CA 30-Sep-2004
The claimants sought damages for personal injuries after a crash in a Land Rover maintained by the defendants. The defendants appealed findings of negligence in failing properly to inflate the rear tyres, in continuing despite the danger, and poor . .
CitedBaker v Quantum Clothing Group Ltd and Others SC 13-Apr-2011
The court was asked as to the liability of employers in the knitting industry for hearing losses suffered by employees before the 1989 Regulations came into effect. The claimant had worked in a factory between 1971 and 2001, sustaining noise induced . .
Lists of cited by and citing cases may be incomplete.


Updated: 30 April 2022; Ref: scu.214660