Case law Flashcards

1
Q

Caparo v Dickman

A

Introduced tripartite test: Foreseeability, proximity, reasonability.

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2
Q

Hughes v Lord Advocate

A

Manhole case - Reasonable foreseeability.

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3
Q

Bourhill v Young

A

Motorcycle case - Proximity in time, space and relationship.

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4
Q

Paris v Stepney Borough Council

A

One eyed man

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5
Q

Daborn v Bath Tramways

A

WWII tram used an ambulance and had broken indicator.

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6
Q

Muir v Glasgow Corporation

A

Tea Urn Case

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7
Q

Bolton v Stone

A

Cricket case - size of risk

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8
Q

Phee v Gordon

A

Joint Liability - 20% golfer, 80% golf course

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9
Q

Oropesa v Hosie

A

Captain life boats - Novus Acts Interveniens

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10
Q

Barnett v Chelsey

A

Man cared for negligently at hospital. However, has already been poisoned by arsenic so would have died anyways.

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11
Q

Dynamco

A

Power cable damaged cutting off electricity to factory. Factory tried to claim for loss but were unsuccessful.

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12
Q

Murphy v Brentwood

A

Flat bought after being approved by council fault found years after when trying to sell. Court said council was not liable as no physical harm was caused.

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13
Q

Reavis v Clan Line Steamers

A

Woman and her orchestra in boat collision. Could not claim losses for someone else’s injury.

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14
Q

Alcock v Page

A

Hillsborough disaster - lack of proximity.

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15
Q

McGlone v British Railways Board

A

12 year old climbed fence getting burnt by transformer. Reasonable preventions and warnings in place.

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16
Q

Dawson v Page

A

Owner of cottage moved out while work was getting done. Visited regularly, therefore liable when delivery man slipped on plank.

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17
Q

MacFarlane v Tayside Health Board

A

Failed vasectomy

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18
Q

Robertson v Forth Road Bridge

A

Establishes close ties of love and affection

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19
Q

Gallagher case

A

What controls the premises means is not legal ownership but physical control of the premises.

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20
Q

Heary

A

Scrap yard case - More than one person can be an occupier

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21
Q

Dawson v Bingley

A

Failed to provide notice of fireplug. Statute did not provide a remedy but action was still taken

22
Q

Darnley v Croydon Health Services NHS Trust

A

Claimant been assaulted and told he would be waiting in A&E for 4-5 hours, therefore went home. The wait was only 30 minutes. Receptionist has a duty not to provide misleading info.

23
Q

Hunter v Hanley

A

Doctor used unsuitable needle to treat patient. Must be demonstrated that no professional would have followed the course taken by the defender.

24
Q

Allen v Flood

A

Set out principles of economic delict. Dispute between 2 groups of workers in a shipyard. Must omit an unlawful act.

25
Crofter v Harris Tweed v Veitch
Manufacturer of Harris Tweed. Combination of people acting together. Different to Alan as there was a conspiracy to injure. Defending your own economic interests can be a justification.
26
Thomson v Deakin
Trade union calls members to go on strike. Requirements: Must know of existence of the contract, must be evidence, claimant must have suffered loss.
27
Brookes v Barnard
Threatened to break a contract Delict of intimidation
28
Assault
‘Everyone who lives under the protection of the law has an absolute right to the safety of his person: and wherever this right is invaded there is in civil law a provision for the redress of injury, as well as in penal law a punishment for the crime’ Bell, Principles
29
DC v DG and DR
Professional footballers rape girl
30
CG v Glagow City Council
Delict law can help when criminal can not.
31
Bolitho
Cannot establish negligence by preferring one body of professional opinion to another.
32
Montgomery v Lanarkshire Health Board
Medical procedures
33
C v Chief Constable
Police officers communicating offensive messages in WhatsApp group
34
Morris v Murray
Consent - A complete defence
35
Davies v Swan Motors
Partial defence: Reduce damages Contributory Negligence Law Reform (Contributory Negligence) Act
36
Weir v Wyper
Illegality - Needs to be a significant crime
37
Cope v Sharpe
Acting out of necessity
38
Declarator
Position statement on a live question. Webster v Lord Advocate
39
Hays Trs v Young
Prevention of threatened continuing wrong. Must be on reasonable grounds.
40
Hutchison v Davidson
Quantum Patrimonial loss damages Damage to property/income/expenses
41
Dalgliesh v Glasgow Corporation
Solatium damages Pain and suffering, loss of faculties/amenities, loss of expectation of life.
42
Mosley v News Group
Misuse of private info Intimate or sexual information
43
Murphy v Brentwood
Buildings can also be products - No duty of care if risk was made clear.
44
Humble Fisheries v Gardener
If damage is contained within the product then no liability will rise.
45
Munro v Stunork
Motor rally route notes incorrect. Route notes seen as a product.
46
Hill v West Yorkshire
Defensive policing - If police can be sued too easily then they won't focus on their job
47
Robinson
Exception to Hill - Direct infection of harm by police creates liability.
48
Gibson v Orr
Hill won't suffice if police haven't exercise their civic function
49
Alan v Strathclyde Fire Board
Don't owe a duty unless they create a new or added risk.
50
Aitken v Scottish Ambulance Service
Similar to Gibson - taking and accepting call you have assumed responsibility
51
McDonald v Aberdeenshire Council
Must be caused by a hazard. Roads authority must be at fault. No obligation for anything obvious (bends, junctions etc.)