CASES Flashcards
donoghue v Stevenson 1932
-key words:
•ginger beer, snail
D drank ginger beer, found decomposed snail, fell ill
Grant V AKM 1932
key words:
•underwear, dermatitis, sulphite compounds
underwear gave man severe dermatitis from sulphite compounds
(followed in D V S)
Hill V Cc West Yorks 1988
key words:
•Yorkshire ripper, duty of care to everyone
Yorkshire ripper
police owe a duty of care to everyone (not to specific people)
(followed in Michael V CC S. Wales 2015)
Michael V CC S Wales 2015
key words:
•999 call, miscommunication, killed
999 call, got killed by ex partner
(overrules in Robinson V CC Yorks)
-police not found guilty due to miscommunication over the phone
Robinson V CC Yorks
key words:
•70 year old woman, police fell
police fell on 70 year old woman and injured her, owe a duty of care to HER, found liable
Hill V Baxter
fell asleep whilst driving, claimed he blacked out
-was charged
Pepper V Hart 1993
key words:
•private school
- overruled judgement from David V Johnson about use of Hansard (all debates in Parliament are recorded)
- case involved a private school which was unable to fill in all its places, it also allowed some teachers to send their own child report into that school for a lower price
Balfour V Balfour 1919
Merrit V Merrit 1970
B v B- husband and wife agreed that H would pay £30 a month to wife
M v M- couple divorced, H gave up house but wife just pay for mortgage (legally bonded agreement unlike B v B)
Addie V Dumbreck
defendant warned people off land but child still came and died, no duty of care owed
Herrington V British Railways Board 1972
6 year old boy died whilst going though gap, Railway board was aware of this, duty of care owed
R v City of London
- if the words of an Act are clear, you must follow them, even though they lead to a manifest of absurdity~ Lord Esher
- LITERAL RULE
LNER v Berrinham 1946
- Railway worker died whilst oiling however, the law states you can only a compensation if you’re a repairing or relaying and oiling is classed as maintenance all the widows claim failed
- LITERAL RULE
Cheeseman V DPP (director of public protection)
- Cheeseman was masturbating in a public lavatory however, he was not guilty or charged because the law stated that passenger means ‘foot passenger, wayfarer or passersby’ and police were stationed there
- LITERAL RULE
Lord Coke in Heydon’s case 1584
1) what was the common law before the making of the act
2) what was the mischief and defect for which the common law did not provide
3) how did parliament try to remedy the mischief
4) true reason of the remedy
MISCHIEF RULE
RCN (royal college of nursing) v DHSS (1981)
key words:
•abortion, nurses
- under Abortion Act 1967, only medical practitioners can carry out abortions
- medicine developed so now nurses fall into this definition as this would remedy the mischief which is back-street abortions
MISCHIEF RULE
