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Delict law > Case law > Flashcards

Case law Flashcards

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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
Q

Crofter v Harris Tweed v Veitch

A

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
Q

Thomson v Deakin

A

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
Q

Brookes v Barnard

A

Threatened to break a contract
Delict of intimidation

28
Q

Assault

A

‘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
Q

DC v DG and DR

A

Professional footballers rape girl

30
Q

CG v Glagow City Council

A

Delict law can help when criminal can not.

31
Q

Bolitho

A

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

32
Q

Montgomery v Lanarkshire Health Board

A

Medical procedures

33
Q

C v Chief Constable

A

Police officers communicating offensive messages in WhatsApp group

34
Q

Morris v Murray

A

Consent - A complete defence

35
Q

Davies v Swan Motors

A

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

36
Q

Weir v Wyper

A

Illegality - Needs to be a significant crime

37
Q

Cope v Sharpe

A

Acting out of necessity

38
Q

Declarator

A

Position statement on a live question.
Webster v Lord Advocate

39
Q

Hays Trs v Young

A

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

40
Q

Hutchison v Davidson

A

Quantum
Patrimonial loss damages
Damage to property/income/expenses

41
Q

Dalgliesh v Glasgow Corporation

A

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

42
Q

Mosley v News Group

A

Misuse of private info Intimate or sexual information

43
Q

Murphy v Brentwood

A

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

44
Q

Humble Fisheries v Gardener

A

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

45
Q

Munro v Stunork

A

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

46
Q

Hill v West Yorkshire

A

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

47
Q

Robinson

A

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

48
Q

Gibson v Orr

A

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

49
Q

Alan v Strathclyde Fire Board

A

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

50
Q

Aitken v Scottish Ambulance Service

A

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

51
Q

McDonald v Aberdeenshire Council

A

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

Delict law (3 decks)

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