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accident action alleged apply Board breach of duty breach of statutory British Railways Board Casebook on Tort cause Chap circumstances claim common law compensation contract contractor contributory negligence Court of Appeal criminal damage danger decision Defamation Act 1952 defamatory defect defendant defendant's Denning L.J. Diplock Donoghue employer evidence existence fact false fault foreseeable Glanville Williams Hedley Byrne held highway House of Lords ibid judge jury land law of tort libel licence licensee Lindsell Lloyd's Rep London Lord Denning M.R. Lord Reid Lord Wright loss malice matter meaning National Coal Board newspaper nuisance occupier occupier's owed personal injury plaintiff Polemis possession premises principle prove qualified privilege question reasonable recover Report res ipsa loquitur respect result risk rule slander Smith Sons Ltd statement statute statutory duty strict liability suffered supra tortious trespass visitor Wagon Mound Weir words workman