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.

Morales v Eccleston

254 words (2 pages) Case Summary

07 Mar 2018 Case Summary Reference this LawTeacher

Jurisdiction / Tag(s): UK Law

Morales v Eccleston

[1991] RTR 151

NEGLIGENCE, CONTRIBUTORY NEGLIGENCE, ROAD TRAFFIC ACCIDENT, CHILDREN, LACK OF REASONABLE CARE FOR ONE’S OWN SAFETY, BLAME

Facts

The defendant, Eccleston, was driving at 20 mph along in a traffic stream along a road that was 30 feet wide. The plaintiff, Morales, who as an 11-year-old boy, followed a football out into the road, without looking at either direction. Morales crossed over the centre of the road and into Eccleston’s carriageway, walking sideways. As a result, Eccleston hit him. The defendant admitted that he had not seen the plaintiff until the collision occurred. At the time of the accident, the weather was fine, the road was dry and the visibility was good. The trial judge held that because Ecclestone did not have a proper lookout, he was 80 per cent to blame for the accident. The defendant appealed against this decision to the Court of Appeal.

Issues

Does the defendant’s failure to see the plaintiff crossing a road amount to negligence?

Decision/Outcome

The appeal was allowed.

(1) Whilst there was some material showing that if the driver had had a proper lookout, he would have seen the plaintiff, the trial judge’s conclusion on the appointment of blame was incorrect.

(2) The plaintiff’s negligence is plain as when a stream of traffic was approaching, he went into a road trying to recover a ball without looking, which demonstrates his reckless and disregard of his own safety.

(3) Therefore, the plaintiff’s contributory negligence is 75 per cent of the blame for the accident.

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