Expert evidence that such an error was negligent would, traditionally, be inadmissible.
I find the defendants negligent in the manner in which the drip leg was installed.
The employee alleged that the respondent was negligent in failing to warn of the hump.
Liability for negligent advice is imposed irrespective of whether it is given gratuitously.
This is not a case where the first appellant was negligent in the conduct of the operation.
The negligent defendant, or more usually his insurer, takes his victim as he finds him.
After all, this is a case about negligent failure to exercise a statutory power, is it not?
It is difficult for the claimant to say that the defendant was negligent in not seeing him, if he had not seen the defendant.
It may be that knowledge of such facts will also serve to bring home to him the fact that the defendant has been negligent or at fault.
The plaintiffs sued the defendant alleging that he had been negligent in a number of ways.