Case law

Question 1

Caparo v Dickman

Answer 1

Introduced tripartite test: Foreseeability, proximity, reasonability.

Question 2

Hughes v Lord Advocate

Answer 2

Manhole case - Reasonable foreseeability.

Question 3

Bourhill v Young

Answer 3

Motorcycle case - Proximity in time, space and relationship.

Question 4

Paris v Stepney Borough Council

Answer 4

One eyed man

Question 5

Daborn v Bath Tramways

Answer 5

WWII tram used an ambulance and had broken indicator.

Question 6

Muir v Glasgow Corporation

Answer 6

Tea Urn Case

Question 7

Bolton v Stone

Answer 7

Cricket case - size of risk

Question 8

Phee v Gordon

Answer 8

Joint Liability - 20% golfer, 80% golf course

Question 9

Oropesa v Hosie

Answer 9

Captain life boats - Novus Acts Interveniens

Question 10

Barnett v Chelsey

Answer 10

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

Question 11

Dynamco

Answer 11

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

Question 12

Murphy v Brentwood

Answer 12

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.

Question 13

Reavis v Clan Line Steamers

Answer 13

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

Question 14

Alcock v Page

Answer 14

Hillsborough disaster - lack of proximity.

Question 15

McGlone v British Railways Board

Answer 15

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

Question 16

Dawson v Page

Answer 16

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

Question 17

MacFarlane v Tayside Health Board

Answer 17

Failed vasectomy

Question 18

Robertson v Forth Road Bridge

Answer 18

Establishes close ties of love and affection

Question 19

Gallagher case

Answer 19

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

Question 20

Heary

Answer 20

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

Question 21

Dawson v Bingley

Answer 21

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

Question 22

Darnley v Croydon Health Services NHS Trust

Answer 22

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.

Question 23

Hunter v Hanley

Answer 23

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

Question 24

Allen v Flood

Answer 24

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

Question 25

Crofter v Harris Tweed v Veitch

Answer 25

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.

Question 26

Thomson v Deakin

Answer 26

Trade union calls members to go on strike. Requirements: Must know of existence of the contract, must be evidence, claimant must have suffered loss.

Question 27

Brookes v Barnard

Answer 27

Threatened to break a contract Delict of intimidation

Question 28

Assault

Answer 28

‘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

Question 29

DC v DG and DR

Answer 29

Professional footballers rape girl

Question 30

CG v Glagow City Council

Answer 30

Delict law can help when criminal can not.

Question 31

Bolitho

Answer 31

Cannot establish negligence by preferring one body of professional opinion to another.

Question 32

Montgomery v Lanarkshire Health Board

Answer 32

Medical procedures

Question 33

C v Chief Constable

Answer 33

Police officers communicating offensive messages in WhatsApp group

Question 34

Morris v Murray

Answer 34

Consent - A complete defence

Question 35

Davies v Swan Motors

Answer 35

Partial defence: Reduce damages Contributory Negligence Law Reform (Contributory Negligence) Act

Question 36

Weir v Wyper

Answer 36

Illegality - Needs to be a significant crime

Question 37

Cope v Sharpe

Answer 37

Acting out of necessity

Question 38

Declarator

Answer 38

Position statement on a live question. Webster v Lord Advocate

Question 39

Hays Trs v Young

Answer 39

Prevention of threatened continuing wrong. Must be on reasonable grounds.

Question 40

Hutchison v Davidson

Answer 40

Quantum Patrimonial loss damages Damage to property/income/expenses

Question 41

Dalgliesh v Glasgow Corporation

Answer 41

Solatium damages Pain and suffering, loss of faculties/amenities, loss of expectation of life.

Question 42

Mosley v News Group

Answer 42

Misuse of private info Intimate or sexual information

Question 43

Murphy v Brentwood

Answer 43

Buildings can also be products - No duty of care if risk was made clear.

Question 44

Humble Fisheries v Gardener

Answer 44

If damage is contained within the product then no liability will rise.

Question 45

Munro v Stunork

Answer 45

Motor rally route notes incorrect. Route notes seen as a product.

Question 46

Hill v West Yorkshire

Answer 46

Defensive policing - If police can be sued too easily then they won't focus on their job

Question 47

Robinson

Answer 47

Exception to Hill - Direct infection of harm by police creates liability.

Question 48

Gibson v Orr

Answer 48

Hill won't suffice if police haven't exercise their civic function

Question 49

Alan v Strathclyde Fire Board

Answer 49

Don't owe a duty unless they create a new or added risk.

Question 50

Aitken v Scottish Ambulance Service

Answer 50

Similar to Gibson - taking and accepting call you have assumed responsibility

Question 51

McDonald v Aberdeenshire Council

Answer 51

Must be caused by a hazard. Roads authority must be at fault. No obligation for anything obvious (bends, junctions etc.)