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