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Tort law > Cases > Flashcards

Cases Flashcards

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1
Q

Caparo industries plc v Dickman

A

The 3 part incremental test in deciding a duty of care

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2
Q

Haley v LEB

A

‘foreseeable’ under duty of care

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3
Q

Bourhill v Young

A

‘Not foreseeable’ under duty of care
‘Not proximate’ under duty of care’

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4
Q

Osman v Ferguson

A

‘Proximate’ under duty of care

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5
Q

Bolton v Stone

A

small risk of harm - no breach under breach of duty

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6
Q

Walker v Northumberland

A

Increased risk to (C) under breach of duty

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7
Q

Latimer v AEC ltd

A

resonable, practical precautions taken under breach of duty

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8
Q

Watt v HCC

A

serving a socially useful purpose under breach of duty

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9
Q

Barnett v Chelsea and Kensington HMC

A

factual causation under damage

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10
Q

McKew v Holland

A

Victims own actions under damage

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11
Q

Knightley v Johns

A

‘natural and probable result’, act of a third party under damage

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12
Q

Clerk and Lindsell on torts

A

treatment so grossly negligent, medical intervention, under damage

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13
Q

Smith v Leech brain

A

thin skull rule, remoteness under damage

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14
Q

Frost v CCOSYP

A

‘matter for expert psychiatric evidence’, recognised psychiatric condition under psychiatric harm

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15
Q

Vernon v Bosley

A

‘pathological grief disorder’, recognised psychiatric condition under psychiatric harm

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16
Q

Page v Smith

A

‘Chronic fatigue syndrome’, recognised psychiatric condition under psychiatric harm
- a person of normal fortitude, primary victims under psychiatric harm

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17
Q

Alcock v CCOSY

A

‘PTSD’, recognised psychiatric condition under psychiatric harm

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18
Q

Hinz v Berry

A

‘Morbid depression’, recognised psychiatric condition under psychiatric harm

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19
Q

Delieu v White

A

Primary victims

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20
Q

Benson v Lee

A

Secondary victims

21
Q

Boylan v Keegan

A

Perceive events through own unaided senses, control criteria, under psychiatric harm

22
Q

Esso petroleum v Mardon

A

Special skill under negligent misstatements

23
Q

Hedley Byrne

A

Voluntary assumes responsibility under negligent misstatements

24
Q

Caparo v Dickman

A

Known user under negligent misstatements

25
Q

Law society v Peat Marwick

A

Known purpose under negligent misstatements

26
Q

Winfield and Jalowicz

A

definition of private nuisance

27
Q

Dennis v MOD

A

loss of amenity and value to land under private nuisance

28
Q

St Helens smelting company v Tipping

A

physical damage under private nuisance

29
Q

Adams v Ursell

A

Locality under private nuisance

30
Q

Christie v Davey

A

Malice under private nuisance

31
Q

Robinson v Kilvert

A

Sensitivity of (C) under private nuisance

32
Q

Ellison v MOD

A

natural accumulation under Ryland’s v fletcher

33
Q

Leakey v the national trust

A

(D) fails to deal with natural accumulation under Ryland’s v fletcher

34
Q

Shiffman v OOTHOSJOJ

A

Likely to cause mischief under Ryland’s v fletcher

35
Q

Viscount Simon

A

An escape under Ryland’s v fletcher

36
Q

Hale v Jenning brothers

A

Foreseeable damage under Ryland’s v fletcher

37
Q

Wheat v Lacon

A

Person with control over premises under occupiers liability

38
Q

Laverton v Kiapasha Takeaway Supreme

A

common duty of care under occupiers liability

39
Q

Glasgow corporation v Taylor

A

‘allurement’ under children under occupiers liability

40
Q

Phipps v Rochester corporation

A

supervision of an adult under children under occupiers liability

41
Q

Roles v Nathan

A

Tradesmen under independent contractor under occupiers liability

42
Q

Bird v King line ltd

A

risk must be incidental to trade under independent contractor under occupiers liability

43
Q

Bottomley v Todmomorden cc

A

reasonable steps to ensure contractor was competent under s.2(4)(b) under occupiers liability

44
Q

Haseldine v Daw

A

more reasonable to delegate the work under s.2(4)(b) under occupiers liability

45
Q

Brannon v airtours

A

blame for incident occurring in first place under contributory negligence under under occupiers liability

46
Q

Froom v Butcher

A

behavior made injuries worse under contributory negligence under occupiers liability

47
Q

Rae v Mars

A

warning may not be sufficient under contributory negligence under occupiers liability

48
Q

Staples v WDDC

A

no additional warning signs required under warning signs under occupiers liability

49
Q
A

Tort law (1 decks)

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