Study Notes
Key Case | Wells v Cooper (1954) | Negligence - Breach of Duty - Ordinary Person
- Level:
- A-Level, BTEC National
- Board:
- AQA, Edexcel, OCR, IB, Eduqas, WJEC
Last updated 30 Sept 2020
This case established that an amateur undertaking a task will be compared to a reasonably competent amateur, not a professional employed in the field of the task being completed.
CASE SUMMARY
Claimant: Visitor to the defendant’s property
Defendant: Occupier of premises
Facts: The defendant fitted a new outside door handle on the back door of his house with screws that were not fit for purpose. The door was at the top of some steps. On the day of the incident the door was particularly difficult to close as there was a high wind on that day. The claimant was leaving the house and pulled the door hard shut to close it. The handle came away and he fell down the steps and was injured.
Outcome: Not Liable
Legal principle: The defendant was perfectly entitled to complete the task himself. He was to be judged by the standards of a reasonable amateur carpenter undertaking the task at home, not a professional carpenter employed for the task.