Moynihan v Moynihan
| Jurisdiction | Ireland |
| Court | Supreme Court |
| Judgment Date | 29 July 1975 |
| Docket Number | [1972 No. 267 P] |
| Date | 29 July 1975 |
(S.C.)
Moynihan
and
Moynihan
Vicarious liability -Infant guest - Infant upsetting teapot and being scalded - Liability of householder for act of adult guest.
The infant plaintiff was two years old at the date of her accident. The defendant was the mother of the plaintiff's father, and she lived in her house with her adult daughter. The plaintiff's father and mother and the plaintiff were invited by the defendant to her house for a meal. When everyone had finished eating, it was decided that a pot of tea should be prepared. The plaintiff's father left the house; the plaintiff's...
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16 cases
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Kemmy v Ireland
...179; Brown v Attorney General [2005] 2 NZLR 405 ; McKean v AG [2008] 1 LRC 694; Health Board v BC [1994] 5 ELR 27; Moynihan v Moynihan [1975] IR 192; Lynch v Palgrave Murphy Ltd [1964] IR 50; Cork County Council v Health and Safety Authority [2008] IEHC 304, (Unrep, Hedigan J, 7/10/2008); ......
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O'Keeffe v Hickey and Others
...v MIN FOR EDUCATION 1941 IR 430 CROWLEY v IRELAND 1980 IR 102 MCMAHON, BINCHY IRISH LAW OF TORTS 3ED 2000 1091 MOYNIHAN v MOYNIHAN 1975 IR 192 CIVIL LIABILITY ACT 1961 S2 SALMOND, HEUSTON SALMOND & HEUSTON ON THE LAW OF TORTS 19ED 1987 521-2 BAZLEY v CURRY 1999 174 DLR (4TH) 45 WILLIAMS v......
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O'Brien v Wohlman
...The plaintiff according to the defendants” submission, would have to call in aid the principles established in Moynihan v. Moynihan [1975] IR 192, where de facto service was held to give rise to vicarious liability. The receiver defendant maintains that in the circumstances of Mr Durojaiye......
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Hickey v McGowan
...the leading example of a non-employment relationship giving rise to liability for the negligence of another is Moynihan v Moynihan [1975] IR 192. There, a householder was sued for the negligence of another, Marie, in placing a pot of tea covered with a bright tea cosy attractive to a child ......
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2 books & journal articles
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Some Comments about 'Caution': Emerging Trends in Irish Negligence Law
...that: [T]he scope of many decisions of this Court: I instance Purtill v. Athlone District Council [1968] IR 205; Moynihan v. Moynihan [1975] IR 192; Ward v. McMaster [1988] IR 337 and Sunderland v. Louth County Council [1990] ILRM 658, establishes that the answer to the question whether neg......
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Is Corrective Justice Subsidiary to Distributive Justice? Which Answer Better Captures The Meaning of Tort Law Practice?
...tortious issues vis-h-vis public authorities in this context). The same learned judge took a very pragmatic view in Moynihan v Moynihan [1975] IR 192, where a two year old child was scalded when she spilled the teapot over herself while members of the family were out of the room. The issue ......
