Breaching the duty of care

Question 1

Muir v Glasgow Corporation legal rule

Answer 1

• The test is what the ordinary person could foresee as a consequence of their conduct

Question 2

Waugh v James K Allan legal rule

Answer 2

For there to be a breach there has to be a voluntary action on the part of D

Question 3

McTear v Imperial tobacco legal rule

Answer 3

The behaviour has to be able to be considered culpa

Question 4

Quinn v Cameron legal rule

Answer 4

Some precautions can limit liability

Question 5

What is involved in the calculus of risk?

Answer 5

• probability of injury to P
• the seriousness of potential injury
• Utility of activity
• practicality of precautions
• cost of precautions
• standard in the trade/business/professional practice

Question 6

Murphy v East Ayrshire council legal rule

Answer 6

sometimes a lack of assumption of responsibility may indicate that there has not been a breach by D

Question 7

Hughes v Lord Advocate legal rule

Answer 7

It is not necessary that the specific injury is foreseeable but that the class of injury is

Question 8

Probability of injury to the pursuer authority

Answer 8

Bolton v Stone - if there is a distinctly low probability of injury there will likely not be a breach

Phee v Gordon - risks of action should have been in contemplation

Kennedy v Cordia services

Question 9

The serious potential injury to P

Answer 9

Paris v Stepney Borough Council

Question 10

Utility of the activity

Answer 10

Gilfillan v Barbour - resulting in contributory negligence

Question 11

Practicality of precautions

Answer 11

Bowes v Highland Council

Question 12

Cost of precautions

Answer 12

Collins v First Quench Retailing

Question 13

Standard practice in trade/industry/business

Answer 13

Brown v Rolls Royce