Please use this identifier to cite or link to this item: https://une.intersearch.com.au/unejspui/handle/1959.11/1462
Title: Six and out?: Bolton v Stone after 50 years
Contributor(s): Lunney, Mark  (author)orcid 
Publication Date: 2003
DOI: 10.1080/01440362408539655
Handle Link: https://hdl.handle.net/1959.11/1462
Abstract: Bolton v Stone is one of the best-known cases in the common law of tort. Fifty years after the decision of the House of Lords, this article considers the historical context in which the decision was given. One important factor in this context was the fact that, contrary to the usual practice, the defendants did not have liability insurance. Another was the importance attached to the playing of cricket. By finding that these defendants were not in breach of duty the House of Lords gave pre-eminence to the latter of these factors. However, by stressing that the facts of the case were unusual, it was made implicit that future cases (where the defendant would in all probability be insured) might well attract a different result. Thus, whilst Bolton v Stone is cited for the proposition that the cricket club was not negligent by not taking greater steps to prevent the ball hitting Miss Stone, it remains the only reported case where a cricket club has escaped liability in such circumstances.
Publication Type: Journal Article
Source of Publication: The Journal of Legal History, 24(1), p. 1-22
Publisher: Frank Cass
Place of Publication: London
ISSN: 0144-0365
1744-0564
Field of Research (FOR): 220204 History and Philosophy of Law and Justice
Peer Reviewed: Yes
HERDC Category Description: C1 Refereed Article in a Scholarly Journal
Other Links: http://www.informaworld.com/smpp/title~content=t713636195~link=cover
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Appears in Collections:Journal Article
School of Law

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