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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
Q

Ferdinand v MGN

A

misuse - info about infidelity is protected

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24
Q

Fairley v Paymaster

A

misuse - must be an actual or threatened misuse

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25
Q

ZXC v Bloomberg

A

misuse - no privacy for criminal convictions

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26
Q

Van Hannover v Germany

A

misuse balancing act test

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27
Q

PJS v NGN

A

sexual information is very protected, freedom of exp doesnt apply

28
Q

Defamation and Malicious Publication Act 2021

A

defamation requirements

29
Q

Sim v Stretch

A

defamation - consensus test

30
Q

Lachaux v Independent Print

A

defamation - serious harm test

31
Q

Knuppfer v London Express Newspapers

A

defamation - must be easily ID

32
Q

Huton v James

A

defamation - if found def then false and intended harm

33
Q

Derry v Peek

34
Q

Reckitt and Colman v Borden

A

passing off req

35
Q

Nestle v Cadbury

A

passing off - can have goodwill of colour

36
Q

Morning Star v Express Newspapers

A

passing off - moron in a hurry test

37
Q

OBG v Allen

2

A

causing loss by unlawful means req

breach of contract req

38
Q

Douglass v Hello

A

causing loss - must restrict operations, not just less profitable

39
Q

Total Networks 2008

A

conspiracy unlawful req

40
Q

Crofter Tweed v Veitch

A

lawful conspiracy req

41
Q

McGill v Sports and Entertainment

A

breach of contract - no need for written contract

42
Q

Allen v Pollock and Dodd

A

breach of contract - genuine belief wouldn’t breach then no liability

43
Q

Brimelow v Casson

A

breach of contratc - defence if good cause to cause breach

44
Q

Damages (Scotland) Act 2011

A

personal injury - family can claim on bhealf

criteria for loss for damages

45
Q

Barclaus Bank v Various Claimants

A

vicarious liability - employment style criteria

46
Q

Kirby v National Coal Board

A

vicarious liability - course of employment criteria

47
Q

Lister v Hesley Hall

A

vicarious liability - suf connection between act and work

48
Q

Jehovah’s Witnesses v BXB

A

vicarious liability - job giving opportunity does not auto connection

49
Q

Occupiers Liability Scotland Act

A

property liability info

50
Q

Leonard v Loch Lomond

A

property liability - no duty to prevent natural dangers

51
Q

ICI Tech v Johnson

A

professional liability - estbalish professional meaning

52
Q

Dickson v Hygenic Institute

A

professional liability - attempt professional job then treated like one

53
Q

Hunter v Hanley

A

test for professional negligence

54
Q

White v Jones

A

take will as it is written

55
Q

McCaffertey Wright v Paton

A

immunity for criminal, unlikely in civil

56
Q

Donoghue v Stevenson

2

A

duty not to harm others

manufacturer duty to ultimate consumer

57
Q

Caparo Industries v Dickman

A

test for duty of care

58
Q

Waugh v James K Allan

A

breach of duty - must be voluntary

59
Q

Muir v GCC

A

breach of duty - injury must be reasonably foreseeable

60
Q

Maloco and Smith v Littlewoods

A

reasonable foreseeability lessens if there are precautions

61
Q

Consumer Protection Act

A

product liability

62
Q

WIlkes v Deputy International

A

cannot full eradicate product risk - cost, some benefits come with risks etc

63
Q

Stoke v Guest

A

employer liability - reasonable steps to provide safe workplace

64
Q

Unfair Contract Terms Act

A

employers liability - cannot exclude in contract

65
Q

Wilson v English

A

employers liability - cannot delegate responsibility

66
Q

Employers Liability Defective Machinery Act

A

employers liability - must have safe machinery

67
Q

McGregor v AAH Pharmaceuticals

A

professional liability - safe system

68
Q

Waters v Commissioner of Police

A

employers liability - competent employees

69
Q

Barber v Somerset City Council

A

workplace stress req

Obligations 1A (3 decks)

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