Case Law

Question 1

Blyth vs Birmingham Waterworks 1856

Answer 1

Water main freezing
Flood Blyths home
Blyth awarded damages for negligence

Question 2

British railway Board v Herrington 1972

Answer 2

Herring trespassing 
Child on railway line
Gap in fence 
Occupiers aware of trespassers 
OLA 84 extended to duty of care to trespassers

Question 3

Donoghue vs Stevenson 1932

Answer 3

Snail in bottle
Manufacturer owed duty of care to consumer
Neighbour principle
Reasonably foreseen that an act or omission could harm neighbour

Question 4

Edwards vs National Coal board

Answer 4

Miner killed 
Section of road fell
Other sections supported
Risk vs cost (time, cost, trouble)
Reasonably practicable 

Risk small vs cost high then unreasonable to incur cost

Question 5

Latimer v AEC ltd 53

Answer 5

Factory flooded

Unforeseeable heavy storm
Employee slipped after sawdust ran out
Employer had taken reasonable steps to keep floor safe

Safe place of work

Question 6

Marshall vs Gotham an co Ltd 54

Answer 6

Batman in a collapsed mine
Practicable duty

Rare geological fault
Precautions taken were practicable and were all that were technically possible
Cost,time, trouble NOT taken into account

Question 7

R vs Associated OCTEL co ltd 96

Answer 7

Safety of 3rd party
Provisions of SSOW

Contractors repairing tank
Fire caused by contractor using inappropriate tools but site also unsafe
Contractor liable under section 2
Hiring company liable under section 3

Question 8

R V Porter 08

Answer 8

Three year old jump down steps
Section 3 protect persons not in employment
Headmaster has done everything RP to avoid risk
not liable as deciced at COA that no incident before was a factor

Question 9

R Vs Swan Shipbuilding

Answer 9

Fire on ship
Oxygen from hose left by subcontractors
Swan had given safety info to employees but not subcontractors 
Liable under section 2(2) A 
2(2)C 
And 3(1)

Question 10

Stark Vs Post office

Answer 10

Brake fail on bike
Reasonable care of bike and inspection and maintanence.
Found breach of statutory duty to maintain the bicycle in efficient state and working order

Question 11

Wilson’s and Clyde coal ltd vs English 1938

Answer 11

Man crushed by machinery turned on in pit couldn’t escape 
Employer has duty of care 
Safe place of work
Safe system of work 
Competent employee

Question 12

Crushed in pit couldn’t escape

SSOW - SPOW

Answer 12

Wilson’s vs Clyde Coal 38

Question 13

Absolute Duty

Maintain equipment in working state

Answer 13

Stark vs post office 00

Question 14

Adsett vs steel founders ltd 1953

Answer 14

ill from silica dust
Installed extractor as soon as though of
Not liable as practicable duty met

Question 15

Practicable duty

Installed as soon as thought of

Answer 15

Adsett vs Steelfounders

Question 16

Occupiers liability

Trespass

Answer 16

British railway board vs Herrington 72

Question 17

Duty of Care

Neighbour

Answer 17

Donoghue vs Stevenson 32

Question 18

Reasonably practicable

Balance of risk

Answer 18

Edwards vs National coal board 49

Question 19

Foreseeable

Safe place of work

Answer 19

Latimer vs AEC ltd 53

Question 20

Practicable duty

Technically possible

Answer 20

Marshall vs Gotham and Co 54

Question 21

Safety of third parties

Safe systems of work

Answer 21

R Vs Associated OCTEL ltd 96

Question 22

Duty of Care

Section 3

Answer 22

R V Porter 08

Question 23

Third parties

Provision of information

Answer 23

R v Swan Shipbuilders 82