Tort Seminar 7 - Case Analysis by Claire Turner

Link to Oscola Referencing Guide

claire43 — 2021-11-04 09:09:20 UTC

Read the case of Wells v Cooper (available in the NOWTort Learning Room or via Westlaw) and answer the following questions:1) What tortious1 issues are raised by this case? [10%]

claire43 — 2022-11-15 11:43:42 UTC

2) Explain the arguments upon which the appeal was based. [25%]

claire43 — 2022-11-15 11:44:15 UTC

3) What was the judgment of the Court of Appeal and explain the legal reasoning ofthat court in either allowing or dismissing the appeal? [65%]

claire43 — 2022-11-15 11:44:34 UTC

claire43 — 2025-11-11 13:07:48 UTC

What to include

claire43 — 2025-11-11 15:12:14 UTC

1) Tort? negligence - Duty of care - Standard - foreseeability of harm.

2) Facts case - amateur carpenter, fixed the door handle with a short screw. A visitor opened the door and fell as the handle fell off causing him injury.

3) What was the judge at first instance's decision. The accident wasn't foreseeable. He did not owe a duty of care. Plaintiff appealed.

Plaintiff's argument

claire43 — 2025-11-11 15:24:22 UTC

The defendant should have foreseen that there was a risk of injury if the screws were not long enough.

Reference for the above

claire43 — 2025-11-11 15:29:10 UTC

Wells v Cooper [1958] 2 Q.B. 265, 268
AC Billings [1957] 3 All E.R. 1
Wells (n1) 268-269
ibid 270

Plaintiff's argument 2

claire43 — 2025-11-11 15:31:29 UTC

Standard of care skilled reasonable carpenter (AC Billings)

Defendant's argument

claire43 — 2025-11-11 15:33:43 UTC

Standard of care - reasonably competent householder