Case law Flashcards
Caparo v Dickman
Introduced tripartite test: Foreseeability, proximity, reasonability.
Hughes v Lord Advocate
Manhole case - Reasonable foreseeability.
Bourhill v Young
Motorcycle case - Proximity in time, space and relationship.
Paris v Stepney Borough Council
One eyed man
Daborn v Bath Tramways
WWII tram used an ambulance and had broken indicator.
Muir v Glasgow Corporation
Tea Urn Case
Bolton v Stone
Cricket case - size of risk
Phee v Gordon
Joint Liability - 20% golfer, 80% golf course
Oropesa v Hosie
Captain life boats - Novus Acts Interveniens
Barnett v Chelsey
Man cared for negligently at hospital. However, has already been poisoned by arsenic so would have died anyways.
Dynamco
Power cable damaged cutting off electricity to factory. Factory tried to claim for loss but were unsuccessful.
Murphy v Brentwood
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.
Reavis v Clan Line Steamers
Woman and her orchestra in boat collision. Could not claim losses for someone else’s injury.
Alcock v Page
Hillsborough disaster - lack of proximity.
McGlone v British Railways Board
12 year old climbed fence getting burnt by transformer. Reasonable preventions and warnings in place.
Dawson v Page
Owner of cottage moved out while work was getting done. Visited regularly, therefore liable when delivery man slipped on plank.
MacFarlane v Tayside Health Board
Failed vasectomy
Robertson v Forth Road Bridge
Establishes close ties of love and affection
Gallagher case
What controls the premises means is not legal ownership but physical control of the premises.
Heary
Scrap yard case - More than one person can be an occupier
Dawson v Bingley
Failed to provide notice of fireplug. Statute did not provide a remedy but action was still taken
Darnley v Croydon Health Services NHS Trust
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.
Hunter v Hanley
Doctor used unsuitable needle to treat patient. Must be demonstrated that no professional would have followed the course taken by the defender.
Allen v Flood
Set out principles of economic delict. Dispute between 2 groups of workers in a shipyard. Must omit an unlawful act.
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.
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.
Brookes v Barnard
Threatened to break a contract
Delict of intimidation
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
DC v DG and DR
Professional footballers rape girl
CG v Glagow City Council
Delict law can help when criminal can not.
Bolitho
Cannot establish negligence by preferring one body of professional opinion to another.
Montgomery v Lanarkshire Health Board
Medical procedures
C v Chief Constable
Police officers communicating offensive messages in WhatsApp group
Morris v Murray
Consent - A complete defence
Davies v Swan Motors
Partial defence: Reduce damages
Contributory Negligence
Law Reform (Contributory Negligence) Act
Weir v Wyper
Illegality - Needs to be a significant crime
Cope v Sharpe
Acting out of necessity
Declarator
Position statement on a live question.
Webster v Lord Advocate
Hays Trs v Young
Prevention of threatened continuing wrong.
Must be on reasonable grounds.
Hutchison v Davidson
Quantum
Patrimonial loss damages
Damage to property/income/expenses
Dalgliesh v Glasgow Corporation
Solatium damages
Pain and suffering, loss of faculties/amenities, loss of expectation of life.
Mosley v News Group
Misuse of private info Intimate or sexual information
Murphy v Brentwood
Buildings can also be products - No duty of care if risk was made clear.
Humble Fisheries v Gardener
If damage is contained within the product then no liability will rise.
Munro v Stunork
Motor rally route notes incorrect. Route notes seen as a product.
Hill v West Yorkshire
Defensive policing - If police can be sued too easily then they won’t focus on their job
Robinson
Exception to Hill - Direct infection of harm by police creates liability.
Gibson v Orr
Hill won’t suffice if police haven’t exercise their civic function
Alan v Strathclyde Fire Board
Don’t owe a duty unless they create a new or added risk.
Aitken v Scottish Ambulance Service
Similar to Gibson - taking and accepting call you have assumed responsibility
McDonald v Aberdeenshire Council
Must be caused by a hazard.
Roads authority must be at fault.
No obligation for anything obvious (bends, junctions etc.)
