This website uses cookies to ensure you get the best experience on our website. Learn more

Billings v Riden [1958] AC 240

By Oxbridge Law TeamUpdated 04/01/2024 07:04

Judgement for the case Billings v Riden

  • Defendant was doing work to the front of a house, next door to one occupied by X, blocking the main entrance to X’s house, so that they only left a dangerous alternative route.

  • Plaintiff, a visitor, was injured while using this dangerous alternative route, and HL allowed her claim of negligence against Defendant (minus contributory negligence since she had declined help on the route). 

Lord Somervell

  • Owed a duty to all who might be expected lawfully to visit the house to take reasonable care to ensure that they were not exposed to danger.

  • Where Plaintiff was aware of the danger but, in all the circumstances, a reasonable person would have risked incurring it, the contractors were not absolved from liability either by giving a warning or by reliance on the respondent's knowledge.

  • In considering what a reasonable person would realize or would do in a particular situation, “reasonable” does not necessarily equal what the majority of people would have done. 

Lord Cohen (others agree)

  • It is irrelevant that Defendant would not have had a right to put up warnings/fencing along the dangerous route in X’s property since it was they who caused the initial danger by blocking the main entrance. 

Any comments or edits about this case? Get in touch

For Further Study on Billings v Riden

Tort Law Notes
1,070 total pages
845 purchased

Tort Law notes fully updated for recent exams at Oxford and Cambridge. ...

Need instant answers? Our AI exam tutor is here to help.

Ask questions 🙋 Get answers 📔 It's simple 👁️👄👁️

Our AI is educated by the highest scoring students across all subjects and schools. Join hundreds of your peers today.

Get Started
Claim every advantage to get a first in law
Tort Law Notes
1,070 total pages
845 purchased

Tort Law notes fully updated for recent exams at Oxford and Cambridge. ...