Study Notes

Key Case | Ward v Tesco Stores Ltd (1976) | Negligence - Breach of Duty - Practicality of Taking Precautions

Level:
A-Level, BTEC National
Board:
AQA, Edexcel, OCR, IB, Eduqas, WJEC

Last updated 5 Oct 2020

This case established that, if sufficient precautions are not put in place by a defendant, they fail to meet the standard of care of the reasonable man.

CASE SUMMARY

Claimant: Ward - Customer of the supermarket

Defendant: Tesco – Supermarket chain

Facts: Whilst in the defendant’s supermarket the claimant slipped and fell on the floor suffering minor injuries. The defendants denied liability upon the basis that the floors were swept five to six times a day and the staff were clear on the instructions to be followed in the event of a spillage (to stay with it and call for help.)

Outcome: Liable

Legal principle: The defendants were unable to demonstrate that there was a clear and efficient system in place to clean up spillages, in the absence of this there were no sufficient precautions and the defendants were liable.

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