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Obligations 1A > CASE NAMES > Flashcards

CASE NAMES Flashcards

1
Q

Cork v Kirby MacLean

A

contributory negligence - defender must prove pursuer caused harm too

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1
Q

ICI v Shatwell

A

Volenti non fit injuria test

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2
Q

Reavis v Clan Line Steamers

A

seconadry vic must have close relationship with primary

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2
Q

Anderson v StA Ambulance Association

A

joint fault - must show contirbution from both parties

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3
Q

Alcock v CC of South Yorkshire Police

2

A

nervous shock test

nervous shock - can claim if seen through technology

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4
Q

Vernon v Bosely

A

nervous shock - psych harm must be diagnosed

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5
Q

McLaughlin v OBrian

A

nervous shock - can claim just seeing aftermath

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6
Q

Salter v UB Foods

A

nervous shock - friendship does not count as close connection

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7
Q

Ewing v Earl of Mar

A

civil assault req

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8
Q

Marco v Merrens

A

self-defence requirements

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9
Q

Ashley v CC of Sussex Police

A

assault - allowed to misunderstand an incoming attack

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10
Q

Montgomery v Lanarkshire Health Board

A

noncon medical is assault

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11
Q

Mason v Orr

A

justification defence - when is authority breached?

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12
Q

Ross v Bryce

A

provocation info

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13
Q

McKenzie v Cluny Hill

A

unjustified detention - no minimum

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14
Q

Austin v UK

A

unjustified detention - kettling is not an offence

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15
Q

McKie v CC of Starthclyde Police

A

unjust deten - police need a warrant to detain unless believe P has committed an offence

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16
Q

Regulations of Railways Act

A

unjust deten - trasnport officers can detain if no ticket

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17
Q

Immigration Act

A

unjust deten - imm officers can detain if deporting

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18
Q

Mental Health (Care and Treatment) Act

A

unjust deten - can detain in mental hospital if authorised

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19
Q

Protection from Harrassment Act

A

Harassment req

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20
Q

Levi v Bates

A

harassment - alarm to family is the same as alatm to self

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21
Q

Campbell v MGN

A

misuse of info test

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22
Q

McKennit v Ash

A

misuse - info does not need to be true

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23
Ferdinand v MGN
misuse - info about infidelity is protected
24
Fairley v Paymaster
misuse - must be an actual or threatened misuse
25
ZXC v Bloomberg
misuse - no privacy for criminal convictions
26
Van Hannover v Germany
misuse balancing act test
27
PJS v NGN
sexual information is very protected, freedom of exp doesnt apply
28
Defamation and Malicious Publication Act 2021
defamation requirements
29
Sim v Stretch
defamation - consensus test
30
Lachaux v Independent Print
defamation - serious harm test
31
Knuppfer v London Express Newspapers
defamation - must be easily ID
32
Huton v James
defamation - if found def then false and intended harm
33
Derry v Peek
Fraud req
34
Reckitt and Colman v Borden
passing off req
35
Nestle v Cadbury
passing off - can have goodwill of colour
36
Morning Star v Express Newspapers
passing off - moron in a hurry test
37
OBG v Allen | 2
causing loss by unlawful means req breach of contract req
38
Douglass v Hello
causing loss - must restrict operations, not just less profitable
39
Total Networks 2008
conspiracy unlawful req
40
Crofter Tweed v Veitch
lawful conspiracy req
41
McGill v Sports and Entertainment
breach of contract - no need for written contract
42
Allen v Pollock and Dodd
breach of contract - genuine belief wouldn't breach then no liability
43
Brimelow v Casson
breach of contratc - defence if good cause to cause breach
44
Damages (Scotland) Act 2011
personal injury - family can claim on bhealf criteria for loss for damages
45
Barclaus Bank v Various Claimants
vicarious liability - employment style criteria
46
Kirby v National Coal Board
vicarious liability - course of employment criteria
47
Lister v Hesley Hall
vicarious liability - suf connection between act and work
48
Jehovah's Witnesses v BXB
vicarious liability - job giving opportunity does not auto connection
49
Occupiers Liability Scotland Act
property liability info
50
Leonard v Loch Lomond
property liability - no duty to prevent natural dangers
51
ICI Tech v Johnson
professional liability - estbalish professional meaning
52
Dickson v Hygenic Institute
professional liability - attempt professional job then treated like one
53
Hunter v Hanley
test for professional negligence
54
White v Jones
take will as it is written
55
McCaffertey Wright v Paton
immunity for criminal, unlikely in civil
56
Donoghue v Stevenson | 2
duty not to harm others manufacturer duty to ultimate consumer
57
Caparo Industries v Dickman
test for duty of care
58
Waugh v James K Allan
breach of duty - must be voluntary
59
Muir v GCC
breach of duty - injury must be reasonably foreseeable
60
Maloco and Smith v Littlewoods
reasonable foreseeability lessens if there are precautions
61
*Consumer Protection Act*
product liability
62
*WIlkes v Deputy International*
cannot full eradicate product risk - cost, some benefits come with risks etc
63
*Stoke v Guest*
employer liability - reasonable steps to provide safe workplace
64
Unfair Contract Terms Act
employers liability - cannot exclude in contract
65
Wilson v English
employers liability - cannot delegate responsibility
66
*Employers Liability Defective Machinery Act*
employers liability - must have safe machinery
67
McGregor v AAH Pharmaceuticals
professional liability - safe system
68
Waters v Commissioner of Police
employers liability - competent employees
69
Barber v Somerset City Council
workplace stress req

Obligations 1A (3 decks)

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