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accident action Appeal held apply authority awarded breach of statutory British Railways Board carelessly carelessness causation cause child circumstances claim common law compensation consent contract contributory negligence Council Court of Appeal criminal danger decision defamation defective defendant defendant's Denning LJ distinction doctor economic loss employer example fact fault Fletcher foreseeability George Livanos harm Hedley Byrne held liable highway House of Lords independent contractor injunction interest interference judge kind of damage land Law of Torts Lord Denning Lords held malicious master occupier owner personal injury plaintiff premises principle protection question Railway reasonable recover regard relevant res ipsa loquitur result risk rule Rylands Select Bibliography servant statement statute statutory duty strict liability suffered third party tort law trespass unlawful vicarious liability victim Wagon Mound words