April Exam

Question 1

requirements of negligence

Answer 1

duty is owed, duty is breached, causation

Question 2

omissions

Answer 2

Tofaris & Steel
Not liable unless:
1. Assumption of responsibility
2. A prevents another from protecting B from danger
3. Control
4.Status

Question 3

Who is the duty owed to?

Answer 3

cannot owe a duty to everyone

Donoghue v Stevenson:
those who are so closely and directly affected that I ought to have reasonably had in contemplation

Question 4

Proximity

Answer 4

Hill v Chief Constable of West Yorkshire

Question 5

What duty is owed

Answer 5

Harm which would have been within the defenders reasonable contemplation to have been likely to occur from conduct

Bolton v Stone

Question 6

Thin Skull Rule

Answer 6

McKillen v Barclay-Curle Co

Question 7

Conduct must be voluntary

Answer 7

Mansfield v Weetabix

Question 8

Standards of Care

Answer 8

varies depending on degree of risk, probability of injury and potential harm - Muir v Glasgow Co

Question 9

Onus is on pursuer to set standard of care

Answer 9

Must say what defender ought to have done.

Harris v Perry
contrast with
Anderson v Imrie

Question 10

Burden

Answer 10

Brisco v Secretary of State for Scotland

Question 11

Known vulnerability of pursuer

Answer 11

may raise standard of care:

Paris v Stepney

Question 12

vulnerability of defender

Answer 12

doesn’t affect standard of care - Nettleship v Weston

Question 13

usual practice

Answer 13

Brown v Rolls Royce

Question 14

Causation

Answer 14

must prove factual and legal causation

Question 15

cases failed though factual causation

Answer 15

McTear v Imperial Tobacco Ltd

McWilliams v Archibald Arrol & Co

Question 16

Novus Actus Interveniens

Answer 16

break the chain of causation

Sayers v Harlow
Fisher v Bell

Question 17

Loss of a chance

Answer 17

almost always too remote

Kyle v P&J Stormonth-Darling

Question 18

Contributory negligence

Answer 18

Sayers v Harlow