Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies.

Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only.

Donnelly v Joyce – 1974

312 words (2 pages) Case Summary

07 Mar 2018 Case Summary Reference this LawTeacher

Jurisdiction / Tag(s): UK Law

Donnelly v Joyce

[1974] QB 454; [1973] 3 WLR 514; [1973] 3 All ER 475;

[1973] 2 Lloyd’s Rep 130; (1973) 117 SJ 488

NEGLIGENCE, DAMAGES, PERSONAL INJURIES, LOSS OF EARNINGS, LOSS OF WAGES, NURSING SERVICES, INFANT PLAINTIFF, CHILDREN, NURSING

Facts

As a child, the plaintiff sustained injuries to his right leg in a road traffic accident which was the defendant’s fault. Although the leg was not broken, there was considerable loss of skin and extensive skin grafting was necessary afterwards. The plaintiff was in hospital for three months and then he had to visit the hospital on a daily basis for a considerable time afterwards. The plaintiff had to wear a surgical boot and there was a possibility that there could be a considerable recurrent loss of skin throughout his life. As a result, he could not participate in games. His leg needed special bathing and dressing for a period of six months after the plaintiff’s discharge from hospital. To look after him, the plaintiff’s mother left her part-time job for which she was paid. £5.66 a week. The plaintiff was awarded £4000 as general damages and £147 as the mother’s loss of earnings for a period of six months. The defendant appealed the decision on the mother’s loss of earnings.

Issues

Given that the plaintiff’s mother has no direct cause of action against the defendant, is the plaintiff prevented from recovering his mother’s lost wages due to nursing him, which was necessary because of the defendant’s wrongdoing?

Decision/Outcome

The appeal was dismissed.

(1) An infant plaintiff may recover his mother’s loss of wages through nursing him due to the defendant’s wrongdoing, despite the fact that the plaintiff’s mother has no direct cause of action against the defendant.

(2) As the loss to the plaintiff included the existence of a need for nursing services provided by his mother, he is entitled to recover her loss of wages.

LawTeacher

LawTeacher

LawTeacher.net is the UK’s leading provider of academic legal support, offering both writing services and an extensive collection of law study resources for students in the UK and overseas.

Founded in 2003 by Grey’s Inn graduate Barclay Littlewood, the Company was built on a commitment to excellence, with unique guarantees and a high standard of service from day one.

The team includes over 500 UK legally qualified writing experts, with many practising solicitors and barristers, and several former lecturers.

Areas of Legal Expertise

Contract Law Criminal Law Constitutional and Administrative Law EU Law Tort Law Property Law Equity and Trusts Jurisprudence Company Law Commercial Law Family Law Human Rights Law Employment Law Evidence Public International Law Legal Research and Methods Dispute Resolution Business Law and Practice Civil Litigation Criminal Litigation Professional Conduct Taxation Wills and Administration of Estates Solicitors’ Accounts

Cite This Work

To export a reference to this article please select a referencing stye below:

Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.

Related Services

View all

Related Content

Jurisdictions / Tags

Content relating to: “UK Law”

UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas.

Related Articles

Prices from

£ 99

Estimated costs for: Undergraduate 2:2 • 1000 words • 7 day delivery

Place an order

Delivered on-time or your money back

Reviews.co.uk Logo (292 Reviews)

Rated 4.2 / 5

Give yourself the academic edge today

Each order includes

  • On-time delivery or your money back
  • A fully qualified writer in your subject
  • In-depth proofreading by our Quality Control Team
  • 100% confidentiality, the work is never re-sold or published
  • Standard 7-day amendment period
  • A paper written to the standard ordered
  • A detailed plagiarism report
  • A comprehensive quality report