Breach

Question 1

Roe v Minister of Health (1954)

Answer 1

Used anaesthetic which had been contaminated the risk of which was not known. This meant that there was no breach.

Question 2

Degree of Risk

Answer 2

Bolton v Stone: where risk is small there is no breach
Haley v London Electricity Board: where risk is known there can be a breach

Question 3

Standard of Care

Answer 3

Paris v Stepney Green: if consequences are greater than normal there is a higher standard of care
Latimer v AEC LTD: only reasonable precaution needs to be taken

Question 4

Easson v London & North Eastern

Answer 4

Facts
p fell out of door from d’s train several miles from last station - doors were operated manually by passengers

Held
d not liable as not sufficiently in control of holding doors and distance travelled meant another passenger may have interfered

Question 5

Gee v Metropolitan Railway

Answer 5

Facts
p injured falling out of door on d’s train immediately after leaving station - doors controlled by driver

held
d liable - in control of closing doors and injury was likely caused by negligence

Question 6

Proof of Breach

Answer 6

claimant must prove three elements: duty of care, breach and damage
in some situations it is difficult to know what happened but def must have been negligent

Question 7

Res Ipsa Loquitur (Things Speak For Themselves)

Answer 7

Def was in control of situation which caused injury
Injury was caused likely by negligence
if claimant proves both things then burden of proof moves to def

Question 8

Scott v London and St Katherine Docks

Answer 8

claimant hit by bags of sugar
def could not explain how it happened
court stated that facts speak for themselves

Question 9

Barkway v South Wales Transport

Answer 9

Facts
P injured by d’s bus veering across the road, loss of control due to flat tire

Held
P could not rely on things speak for themselves as cause of accident was known
therefore p had to prove flat tire was caused by d’s negligence

Question 10

Barkway v South Wales Transport

Answer 10

Facts
P injured by d’s bus veering across the road, loss of control due to flat tire

Held
P could not rely on things speak for themselves as cause of accident was known
therefore p had to prove flat tire was caused by d’s negligence

Question 11

St Catherine’s (Scottish NHS)

Answer 11

surgical instruments left inside patients during operations
hospital held liable due to scale of items left