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.