Breach of duty of care - Reasonable and probable

Question 1

What rule general rule emanates from Muir V Glasgow Corporation?

Answer 1

That injury to P must be a reasonable and foreseeable consequence of D’s conduct

Question 2

How is reasonableness and probablility judged?

Answer 2

Not to an abosloute standard and to a question of degree

Question 3

What cases states that there must be sufficient probability and not only remote possibility of injury? (dog)

Answer 3

Whippey v Jones

Question 4

What recent case illustrates that a failure to mitigate the risk after a threat has been made constitutes negligence?

Answer 4

Kaizer

Question 5

What case states that what matters is ‘kind or type’ of injury rather than extent?

Answer 5

Hughes v Lord Advocate

Question 6

What case states that as a general rule intervention by third parties will preclude liability unless it is reasonably foreseeable that a third party would cause damage or injury?

Answer 6

Maloco v Littlewoods

Question 7

What case proved that reasonably foreseeable interventions by a third party results in liability?

Answer 7

Dorset Yacht Co Ltd v Home Office