Cases

Question 1

Caparo industries plc v Dickman

Answer 1

The 3 part incremental test in deciding a duty of care

Question 2

Haley v LEB

Answer 2

‘foreseeable’ under duty of care

Question 3

Bourhill v Young

Answer 3

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

Question 4

Osman v Ferguson

Answer 4

‘Proximate’ under duty of care

Question 5

Bolton v Stone

Answer 5

small risk of harm - no breach under breach of duty

Question 6

Walker v Northumberland

Answer 6

Increased risk to (C) under breach of duty

Question 7

Latimer v AEC ltd

Answer 7

resonable, practical precautions taken under breach of duty

Question 8

Watt v HCC

Answer 8

serving a socially useful purpose under breach of duty

Question 9

Barnett v Chelsea and Kensington HMC

Answer 9

factual causation under damage

Question 10

McKew v Holland

Answer 10

Victims own actions under damage

Question 11

Knightley v Johns

Answer 11

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

Question 12

Clerk and Lindsell on torts

Answer 12

treatment so grossly negligent, medical intervention, under damage

Question 13

Smith v Leech brain

Answer 13

thin skull rule, remoteness under damage

Question 14

Frost v CCOSYP

Answer 14

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

Question 15

Vernon v Bosley

Answer 15

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

Question 16

Page v Smith

Answer 16

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

Question 17

Alcock v CCOSY

Answer 17

‘PTSD’, recognised psychiatric condition under psychiatric harm

Question 18

Hinz v Berry

Answer 18

‘Morbid depression’, recognised psychiatric condition under psychiatric harm

Question 19

Delieu v White

Answer 19

Primary victims

Question 20

Benson v Lee

Answer 20

Secondary victims

Question 21

Boylan v Keegan

Answer 21

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

Question 22

Esso petroleum v Mardon

Answer 22

Special skill under negligent misstatements

Question 23

Hedley Byrne

Answer 23

Voluntary assumes responsibility under negligent misstatements

Question 24

Caparo v Dickman

Answer 24

Known user under negligent misstatements

Question 25

Law society v Peat Marwick

Answer 25

Known purpose under negligent misstatements

Question 26

Winfield and Jalowicz

Answer 26

definition of private nuisance

Question 27

Dennis v MOD

Answer 27

loss of amenity and value to land under private nuisance

Question 28

St Helens smelting company v Tipping

Answer 28

physical damage under private nuisance

Question 29

Adams v Ursell

Answer 29

Locality under private nuisance

Question 30

Christie v Davey

Answer 30

Malice under private nuisance

Question 31

Robinson v Kilvert

Answer 31

Sensitivity of (C) under private nuisance

Question 32

Ellison v MOD

Answer 32

natural accumulation under Ryland's v fletcher

Question 33

Leakey v the national trust

Answer 33

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

Question 34

Shiffman v OOTHOSJOJ

Answer 34

Likely to cause mischief under Ryland's v fletcher

Question 35

Viscount Simon

Answer 35

An escape under Ryland's v fletcher

Question 36

Hale v Jenning brothers

Answer 36

Foreseeable damage under Ryland's v fletcher

Question 37

Wheat v Lacon

Answer 37

Person with control over premises under occupiers liability

Question 38

Laverton v Kiapasha Takeaway Supreme

Answer 38

common duty of care under occupiers liability

Question 39

Glasgow corporation v Taylor

Answer 39

'allurement' under children under occupiers liability

Question 40

Phipps v Rochester corporation

Answer 40

supervision of an adult under children under occupiers liability

Question 41

Roles v Nathan

Answer 41

Tradesmen under independent contractor under occupiers liability

Question 42

Bird v King line ltd

Answer 42

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

Question 43

Bottomley v Todmomorden cc

Answer 43

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

Question 44

Haseldine v Daw

Answer 44

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

Question 45

Brannon v airtours

Answer 45

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

Question 46

Froom v Butcher

Answer 46

behavior made injuries worse under contributory negligence under occupiers liability

Question 47

Rae v Mars

Answer 47

warning may not be sufficient under contributory negligence under occupiers liability

Question 48

Staples v WDDC

Answer 48

no additional warning signs required under warning signs under occupiers liability