Cases

Question 1

The Neighbor Principle

Answer 1

Donoghue v Stevenson (1932):
Mrs. Donoghue found a decomposed snail in a drink at a bar, which was manufactured by Stevenson. She could not sue the company Stevenson as there was no contract between them.
Result: If an individual who’s actions may foreseeably harm others, the individual would have a duty of care over those “others”

Question 2

Duty of Care (Established)

Answer 2

• Darnley v Croydon Health Services NHS Trust (2018):
  “A” got a head injury and went to the ER. He was told the wait would between 4-5 hours. This was wrong; he would have seen a nurse in 30 minutes.
  It was established that the NHS Trust owed a duty of care to its patients as soon as they are ‘booked in’.
• Robinson v Chief Constable of West Yorkshire Police (2018):
  The police were in a chase after a drug dealer, the police knocked down a 76-year-old pedestrian. The police owed a duty of care to the pedestrian.
  They acted carelessly in circumstances where it was foreseeable that their carelessness would result in injury.

Question 3

Duty of Care (Not Established)

Answer 3

• West Bromwich Albion Football Club Ltd v El-Safty (2006):
  A doctor advised a player to get knee surgery which was later established that it was not as necessary, meaning the football player was unable to play due to the surgery.
  The football team tried suing the doctor, however, they could not establish a relationship with the doctor and club- especially because given the circumstances, the doctor made a reasonable decision.
• Topp v London Country Bus ltd (1993):
  A bus was stolen by a third party and a women was injured in an accident caused by the third party. The bus did not owe a duty of care|(as the third party did not work for the bus company).

Question 4

Tort of negligence through pure economic lass (not liable)

Answer 4

Murphy v Brentwood District Council (1990):
The claimants bough a house and later found out that the foundation of the house was defective which resulted in the claimants selling the house for $35,000 less.
The claimant sued the council who checked the house and they were not held liable for the defect as the claimant had not suffered any personal injury nor had their property damaged.

Question 5

Tort of negligence through pure economic loss (Liabile)

Answer 5

White v Jones (1995):
A father wrote his daughters out of his will after a fight but later asked the solicitors to prepare a new will including the daughters. They negligently delayed making the will, the father died before it was finished, a $9,000 loss was the outcome (per daughter).
The solicitors owed a duty of care to the potential beneficiaries and the loss was foreseeable.