Case law - negligence and privacy Flashcards
what is the negligence test?
- Was there a duty of care owed?
- Was there a breach of that duty?
- Was there a loss to the plaintiff as a result of the breach?
What are the 8 negligence cases?
- Donoghue v Stevenson
- Grant v Australian Knitting Mills
- Herschtal v Stewart and Ardern Ltd
- Bourhill v Young
- Bolton v Stone
- Miller v Jackson
- Russel v Mccabe
- Home Office v Dorset Yacht Co Ltd
What are the key points from Donoghue v Stevenson.
Does the manufacturer of drink in an opaque bottle owe a duty of care to the ultimate consumer to take reasonable care the drink is free from defect?
Neighbour principle
What is the key point from Grant v Australian Knitting Mills
What counts as a ‘reasonable possibility of intermediate examination’?
What is the key point from Herschtal v Stewart and Ardern Ltd
When is it reasonable to expect an intermediate examination?
What is the key point from Bolton v Stone and Miller v Jackson
Is it enough that an injury might possibly occur or must some greater probability exist?
What is the key point from Russel v Mccabe
Volenti non fit Injuria.
What is the key point from Home Office v Dorset Yacht Co Ltd
Novus Actus Interveniens
What does Volenti non fit Injuria mean
“no harm is done to one who consents”
- Wanton/foolish intervener vs a reasonable intervener
What does Novus Actus Interveniens mean.
A new act (or omission)
- By someone else (or thing - eg act of god)
- That occurs after the negligence
- That breaks the chain of causation.
What is the privacy test?
- Was there a public disclosure of facts?
- Were the facts private?
- Would the disclosure of the facts be highly offensive and objectionable to a reasonable person of ordinary sensibilities?
What are the 6 privacy cases?
- Bradley v Wingnut
- Hosking v Runting
- Andrews v TVNZ
- C v Holland
- Faesenkloet v Jenkin
- Henderson v Walker
What are the key points from Bradley v Wingnut
Are facts private if they are publicly accessible?
What would a reasonable person find ‘highly offensive’?
What are the key points from Hosking v Runting
Facts disclosed in public/photos taken in public likely won’t be considered private.
Famous people should have a lower expectation of privacy.
The publication of facts can’t be considered highly offensive on the basis that the plaintiff is annoyed.
What are the key points from Andrews v TVNZ
What counts as giving ‘additional publicity’ to facts?
If the disclosure of facts hurts a person’s reputation, this is highly offensive.
What are the key points from C v Holland
If there is no publication of the facts, intrusion into seclusion must be used instead of privacy.
What are the key points from Faesenkloet v Jenkin
The greater the expectation of privacy, the likelier the intrusion is offensive.
What are the key points from Henderson v Walker
Publicity does not necessarily have to be widespread
What are the elements of the hosking tort?
1) The existence of facts in respect of which there is a reasonable expectation of privacy
2) Publicity given to those private facts that would be considered highly offensive to an objective reasonable person
3) Defense - Legitimate Public concern
