The following cases indicate the criteria that the courts will take into account when deciding whether conduct has been negligent. Arguably, nearly all of these cases are concerned with the prevention of injury that is foreseeable. (a) Defendants are expected to learn from experience : A brief reference has already been made to Stokes v GKN (1968), a case which illustrated how industry is expected to learn from experience, their own and that of others, so that, while one accident may be unforeseeable and, therefore, excusable, a second may not. This point was well made in the following case. [1954] 2 QB 66

doi:10.4324/9781843140504-86

Chapter

The following cases indicate the criteria that the courts will take into account when deciding whether conduct has been negligent. Arguably, nearly all of these cases are concerned with the prevention of injury that is foreseeable. (a) Defendants are expected to learn from experience

Chapter

ABSTRACT

The following cases indicate the criteria that the courts will take into account when deciding whether conduct has been negligent. Arguably, nearly all of these cases are concerned with the prevention of injury that is foreseeable.