Burchell v. Le Cuirot [1960] JJ 117 (28 June 1960)

Burchell v. Le Cuirot [1960] JJ 117 (28 June 1960)

A pedestrian must take reasonable care when crossing the road, which includes looking carefully to the right and judging the speed of oncoming traffic; young and agile individuals are expected to cross more quickly and exercise greater care.

Citation
[1960] JJ 117
Parties
Applicant: Burchell; Respondent: Le Cuirot
Jurisdiction
Jersey
Judgment Date
28 June 1960
Procedural Posture
Civil / Judgment
Outcome
judgment for respondent
Legal Topics
Negligence, Duty of Care, Pedestrian Liability
Tort Road Traffic Negligence Duty of Care Pedestrian Liability

Case Brief

Summary, issues, holding and outcome

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Parties

Burchell

Applicant

Le Cuirot

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 What is the duty of care owed by pedestrians when crossing the road?
  2. 2 Does the physical ability of the pedestrian affect the standard of care required?

Ratio Decidendi

A pedestrian must take reasonable care when crossing the road, which includes looking carefully to the right and judging the speed of oncoming traffic; young and agile individuals are expected to cross more quickly and exercise greater care.

Court Disposition

judgment for respondent