Cases & Statutes Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

Death occurs at brainstem death.

A

Malcharek & Steele - a doctor turning off life support isn’t a cause of death

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Murder can be an omission.

A

Gibbins & Proctor

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

A foetus isn’t a human in being so can’t be murdered, unless it is injured in the womb, birthed and then dies.

A

Attorney General’s Reference (No.3 of 1994) (1997)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

All intentional killing is unlawful.

A

Inglis

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Killing enemies in war is illegal if they are no threat.

A

Marine A

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Murder must have factual causation.

A

Marine A

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Act of D has to be more than a minimal cause of death.

A

Smith

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

D intended to kill V, is expressed malice.

A

Mohan

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

D intended to do a GBH but instead killed V, is implied malice.

A

Vickers

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Death a virtual certainty.

A

Decided by Woollin test, outcome virtually certain, D knew this - Matthes & Alleyne

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Defence of diminished repsonibilty.

A

s2 Homicide Act 1957

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Abnormality of mental functioning is ‘behaving in a way that ordinary people would say is abnormal’

A

Byrne

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Depression is a recognised medical condition.

A

Seers

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Schizophrenia is a recognised medical condition.

A

Simcox

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Sever PMT is a recognised medical condition.

A

Reynolds

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Paranoia is a recognised medical condition.

A

Marine A

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Battered spouse syndrome is a recognised medical condition.

A

Aluwahlia

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Grief adjustment syndrome is a recognised medical condition.

A

Dietschmann

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Acute voluntary intoxication is not a recognised medical condition.

A

Dowds

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

AMF provides an explanation for the killing.

A

Zebedee

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

When there is intoxication the jury ignores it.

A

Dietschmann

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Defence of loss of control,

A

s54 Coroners and Justice Act 2009

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Fear of serious violence is a qualifying trigger for loss of control.

A

Ward

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Having a justifiable sense of being seriously wronged is a qualifying trigger for loss of control.

A

Zebedee

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Infidelity is not a qualifying trigger for loss of control.

A

Clinton

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Voluntary intoxication is not considered in for loss of control.

A

Asmalesh

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Solicitors can be sued for contract and negligence.

A

White V Jones

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Barristers can be sued for negligence.

A

Hall V Simons

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

Judges can’t hear cases where they have a personal interest.

A

Pinochet

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

Decisions made in arbitration can be appealed to the KBD.

A

s68 Arbitration Act 1996

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

Case stated appeals can go to the supreme court.

A

C V DPP

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

Some cases can leap-frog the Court of Appeal.

A

R (Miller) V Prime Minister

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

For UAM D must have committed a criminal act not a tort

A

Franklin
Lamb

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

For UAM must be a postivie act.

A

Lowe

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

For UAM the unlawful act must be objectively dangerous.

A

Church test

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

Fear not enough for UAM.

A

Dawson

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

For UAM some harm must be foreseeable.

A

JM & SM

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

For UAM factual causation is decided with the but for test.

A

White

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

For UAM legal causation must be more than a minimal cause of death but not the only.

A

Kimsey

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

For UAM D must have the MR for the unlawful act.

A

Newbury V Jones.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

Elements of GNM.

A

Given in Adamako, explained in Broughton.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
42
Q

Duty of Care: landlord-tenant.

A

Singh

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
43
Q

Duty of Care: doctor-patient.

A

Adamako

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
44
Q

Duty of Care: parent-child.

A

Evans

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
45
Q

Duty of Care: Captain-crew.

A

Litchfield

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
46
Q

Criminals still owe each other a duty of care.

A

Wacker

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
47
Q

Breach of duty for GNM can be omission.

A

Evans

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
48
Q

For GNM, there must be a risk of death not just injury.

A

Misra

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
49
Q

For GNM, a possibility of death isn’t enough.

A

Rose

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
50
Q

Created the defence of insanity.

A

M’Naghten

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
51
Q

For insanity, there must be more than just forgetfulness, absentmindedness or confusion./

A

Clarke

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
52
Q

A disease of the mind is physical or mental.

A

Kemp

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
53
Q

Epilepsy is a disease of the mind.

A

Sullivan

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
54
Q

Sleepwalking is a disease of the mind.

A

Burgess

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
55
Q

A disease of the mind must have an internal cause.

A

Hennessy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
56
Q

Not knowing the nature of their act can be delusional states

A

Codere

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
57
Q

For insanity, Knowing the nature of their act but not that it was wrong, is legally wrong not morally.

A

Windle.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
58
Q

For insanity, knowing an act is wrong and being unable to stop it isn’t allowed.

A

Byrne

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
59
Q

Automatism is an act done by the muscles without any control by the mind.

A

Bratty

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
60
Q

For automatism, D must have a complete loss of control.

A

AG’s ref. No.2 (1992)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
61
Q

For automatism, a blow to head is external.

A

Bratty

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
62
Q

For automatism, a swarm of bees is an external factor.

A

Hill V Baxter

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
63
Q

For automatism, PTSD is external.

A

R V T

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
64
Q

For automatism, a sneezing fit is external.

A

Whoolley

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
65
Q

Automatism can’t be self-induced.

A

Clarke

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
66
Q

Automatism can be taking medication and having an adverse reaction.

A

Bailey

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
67
Q

When automatism is self-induced the intoxication rules apply.

A

Coley

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
68
Q

Alcohol is a recognised intoxicant.

A

Majewski

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
69
Q

Recreational drugs are recognised intoxicant

A

Majewski

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
70
Q

Prescription drugs are recognised intoxicant

A

Hardie

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
71
Q

Intoxication must be so strong that their is a complete absence of MR.

A

Beard

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
72
Q

Drunken intent is still intent.

A

Sheehan & Moore

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
73
Q

For intoxication, there has to be no MR not just a loss of inhibitions.

A

Kingston

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
74
Q

Taking soporific drugs for the right reasons is involuntary intoxication.

A

Hardie

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
75
Q

Choosing to consume is voluntary intoxication

A

Majewski.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
76
Q

Choosing to consume without knowing the strength is voluntary intoxication

A

Allan

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
77
Q

Drinking for Dutch Courage is voluntary intoxication

A

Gallagher

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
78
Q

Intoxicaiton is a defence to all specific intent crimes.

A

Beard

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
79
Q

Intoxicated mistakes about self-defence is no defence

A

O’Grady

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
80
Q

Intoxicated mistakes about criminal damage if D believes that the owner would have consented is a full defence.

A

Jaggard V Dickinson.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
81
Q

Manslaughter is a basic intent crime/.

A

Lipman

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
82
Q

s20 and s47 are basic intent crimes.

A

Majewski

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
83
Q

Rape is a basic intent crime.

A

Fotheringham.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
84
Q

Murder is a specific intent crime.

A

Beard

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
85
Q

Consent can be expressed verbally or in writing.

A

Locke

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
86
Q

Consent can be given if a genuine mistake is made about implied consent.

A

Aitken

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
87
Q

Consent is invalid if given through fraud.

A

Tabassum

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
88
Q

Consent is invalid if given through fear.

A

Olugjoba

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
89
Q

Consent is invalid if given by someone without capacity.

A

Burrell & Harmer

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
90
Q

Consent is invalid if it is not informed.

A

Dica

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
91
Q

Consent is available for assaults and batteries.

A

Collins V Wilcock

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
92
Q

Consent can be available for involuntary manslaughter.

A

Slingsby

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
93
Q

For consent, horseplay cannot be hostile.

A

DDP V P

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
94
Q

Solicitors can be sued in contract and negligence.

A

White V Jones

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
95
Q

Barristers can be sued for negligence.

A

Hall V Simons

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
96
Q

Judges can’t hear cases with a personal interest.

A

Pinochet

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
97
Q

Arbitration agreements can be enforced by the court.

A

s68 Arbitration Act 1996

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
98
Q

D must have permission to appeal to Court of Appeal.

A

Criminal Appeal Act 1995

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
99
Q

5 aims of sentencing set out.

A

s148 Criminal Justice Act 2003

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
100
Q

Mandatory life sentence for a second serious sexual assault or violent crime.

A

LASPO 2012

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
101
Q

Qualifications to be a juror.

A

Juries Act 1974

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
102
Q

Jurors’ criminal records can be checked

A

Mason

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
103
Q

Array can be challenged if unrepresentative

A

Romford (Essex)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
104
Q

Jury can’t be challenged for lack of ethnic diversity.

A

Ford

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
105
Q

Jury’s verdict independent from judge.

A

Penn & Mead

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
106
Q

Juror’s don’t have to say how they reached their verdict.

A

Young

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
107
Q

Juries can be nobbled (shouldn’t be)

A

Twomey

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
108
Q

Jurors shouldn’t research a case, often use social media

A

Karayaka

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
109
Q

If AR is involuntary it often isn’t a crime

A

Hill V Baxter

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
110
Q

State of Affairs crimes can be done involuntarily

A

Larsonneur

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
111
Q

AR can be an omission

A

Special relationship - Gibbins & Proctor
Volunteered to take care - Stone V Dobbinson
D created danger - Miller
Contractual - Pitwood
In public office - Dytham
Statutory - Road and Traffic Act 1988

112
Q

‘but for’ test is used

A

White

113
Q

D’s conduct more than a minimal cause of death

A

Kimsey

114
Q

Doctor’s act only break chain of causation if it is so separate from D

A

Cheshire

115
Q

Act of V doesn’t break chain of causation if foreseeable

A

Jordan

116
Q

Thin skull rule

A

Blaue

117
Q

D can have MR before AR.

A

Thabo-Meli

118
Q

AR can be done and then D forms MR

A

Fagan

119
Q

Transferred malice

A

must be person to person (Latimer)
not person-property (Pembliton)

120
Q

For SLOs AR must be performed voluntarily

A

Winzar

121
Q

SLOs are about public protection.

A

food hygiene - Callow V Tillstone
environmental safety - Alphacell V Woodward
young & vulnerable - Shah & Shah

122
Q

Assault can be words

A

Constanza

123
Q

Assault can be silence

A

Ireland

124
Q

For assault, V had to believe force would be applied to them soon

A

Smith V CC of Woking Police

125
Q

Assault and Battery charged.

A

s39 Criminal Justice Act 1988

126
Q

ABH is any hurt or injury interfering with health or comfort

A

Miller

127
Q

ABH can be pyschiatric

A

Chan Fook

128
Q

ABH can be unconciousness

A

DPP V T

129
Q

ABH can be cutting hair

A

DPP V Smith

130
Q

For ABH D only has to have MR for assault or battery

A

Savage

131
Q

Internal bleeding isn’t GBH

A

Eisenhower

132
Q

GBH can be pyschiatric

A

Burstow

133
Q

GBH can be biological

A

Dica

134
Q

Multiple ABH can be GBH

A

Brown & Stratton

135
Q

Codification of self-defence

A

s76 Criminal Justice Act 2008

136
Q

For self-defence, jury decides some force is necessary

A

s76(4)

137
Q

For self-defence, a sober mistake is allowed

A

s76(4)(b)
Williams

138
Q

For self-defence, an intoxicated mistake isn’t allowed

A

s76(5)
O’Grady

139
Q

For self-defence, D can deal first blow

A

Beckford

140
Q

For self-defence, D doesn’t have to be unwilling to fight

A

Bird
s76(6A) - jury decides if D can get ‘Bird’

141
Q

D can make preparations as self-defence

A

AG’s Ref. 1984

142
Q

For self-defence, D can’t act in revenge

A

Hussain

143
Q

D can make threats as self-defence

A

Counsins

144
Q

For self-defence, force used must be proportionate to threat.

A

s76(1).
not disproportionate for non-householders s76(6)
not grossly disproportionate for householders s76(5A)

145
Q

For self-defence, D doesn’t have to know exact amount of force required.

A

s76(7)(a)
Palmer

146
Q

For self-defence, if force is disproportionate defence fails.

A

Clegg

147
Q

For self-defence, danger must not have passed

A

Martin

148
Q

For duress, must be threat of serious personal injury or death

A

Valderrama Vega

149
Q

For duress, threat must be towards D or someone they feel responsible for.

A

Wright
not society at large (Shayler)

150
Q

For duress, D must believe that threat will be carried out immediately

A

Hasan

151
Q

For duress by threat, threat must specify crime

A

Cole

152
Q

Duress not available for murder or attempted murder

A

Howe
Gotts

153
Q

Duress not available if D could escape or seek police protection

A

Gill

154
Q

Duress not available if D joins a violent gang or associates with a violent person

A

Hasan

155
Q

For duress D has to believe the threat

A

Cairns

156
Q

For Duress, would reasonable person resit threat

A

Bowen

157
Q

Defence of necessity

A

Mouse’s Case

158
Q

Necessity usually used for medical cases

A

Re A

159
Q

For necessity the evil inflicted mustn’t be disproportionate

A

Quayle

160
Q

Sets out Theft, Robbery and Burglary

A

Theft Act 1968

161
Q

Definition of theft

A

s1(1)

162
Q

Theft must be dishonest

A

s1(2)

163
Q

Theft isn’t dishonest if:

A

believe they have legal right (s2(1)(A)) (Holden)
believe owner wouldv’e consented (s2(1)(B))
believe the owner cannot be found (s2(1)(C)) (Small)

164
Q

For theft, Ivey test used to decide if D is dishonest

A

Barton & Booth

165
Q

For theft, must be an appropriation

A

s3

166
Q

For theft, appropriation is assuming any rights of the owner

A

Selling - Pitham
interfering with owner’s rights (Morris)
Consent irrelevant (Lawrence)
D doesn’t have to possess (Pitham)
Dishonestly accepting gifts (Hinks)
Not a continuing Act (Atakpu & Abrahams)

167
Q

For theft, must be of property

A

s4
Not Property:
Land s4(2)
Wild foliage s4(3)
Wild creatures s4(4)
Confidential Info. (Oxford & Moss)
Corpse (Kelly)

168
Q

For theft, must belong to another

A

s5
Can steal your own stuff (Turner)

169
Q

For theft, there must be intention to permanently deprive.

A

s6
Treating property as own (Lavender_
Includes property if it loses some of its goodness (Lloyd)

170
Q

For robbery, there must be a theft

A

Guy

171
Q

For robbery, jury decides if there is force

A

Dawson & James

172
Q

For robbery, snatching isn’t force

A

RP & Others

173
Q

For robbery, V doesn’t have to be in fear if D wanted to cause fear

A

B & R V DPP

174
Q

For robbery, Force can be applied indirectly

A

Corcoran V Anderton

175
Q

For robbery, force must be immediately before or at the time of stealing

A

Hale

176
Q

For robbery, force must be used in order to steal

A

James

177
Q

For burglary, entry must be only effective

A

Ryan

178
Q

For burglary, entry includes any inhabited vehicle or vessel

A

s9(4)

179
Q

For burglary, a building doesn’t have to be a building

A

B & S v Leathley

180
Q

For burglary, D can become a trespasser

A

Smith V Jones

181
Q

Attempted crimes

A

Criminal Attempts Act 1981

182
Q

For attempts, must be more than merely preparatory

A

decided by jury (Campbell)
embarked on crime proper (Gullefer)
moved from planning and preparation to implementation and execution (Geddes)

183
Q

For attempts, D doesn’t have to have done final act

A

AG’s Ref 1992

184
Q

For attempts, recklessness about consequences not sufficient

A

Millard & Vernon

185
Q

For attempts, reckless about circumstances can be sufficient

A

Khan

186
Q

For attempted murder, the only intent is to kill

A

Whybrow

187
Q

For attempted theft the intention is to steal ‘contents’

A

AG’s Ref

188
Q

For attempts, D can attempt impossible

A

Shivpuri

189
Q

For attempts, there is no defence of withdrawal

A

Toothill

190
Q

Created negligence.

A

Donoghue V Stevenson

191
Q

Existing precedent to decide if there’s a duty of care

A

Robinson

192
Q

For Caparo Test, harm must be forseeable.

A

Jolley V Sutton LBC

193
Q

For Caparo Test, parties must be sufficiently proximate.

A

Bourhill V Young

194
Q

For Caparo Test, it must be fair, just, and reasonable to impose a duty.

A

Hill V CC of W Yorkshire Police

195
Q

Duty of Care is breached if D did what a reasonable person wouldn’t do, or didn’t do what a reasonable person would do.

A

Blyth V Birmingham Waterworks Company Ltd.

196
Q

Things considered in negligence for a breach of duty.

A

Age - Mullins V Richards
Professionals up to the standard of their profession - Bolam.
DIY held up to standard of an average DIY enthusiast - Wells V Cooper
Inexperience not considered - Nettleship V Western

197
Q

Risk factors in negligence.

A

Likelihood of harm - Haley V London Electricity Board.
Magnitude of harm - Paris V Stepney
Practicality of precautions - Latimer V AEC
Benefits for society - Watt V Hertfordshire CC.

198
Q

For negligence, must be factual causation

A

Barnett V Chelsea & Kensington Hospitals

199
Q

For negligence, damage must not be too remote

A

Wagon Mound

200
Q

For negligence, thin skull rule applies.

A

Smith V Leech Brain

201
Q

Judge decides who is an occupier based on case facts.

A

Wheat V Lacon

202
Q

For Occupiers’ Liability 1957, definition of a premises

A

s1(3)

203
Q

For Occupiers’ Liability 1957, a lawful visitor has the occupier’s invitation.

A

s1(2)

204
Q

For Occupiers’ Liability 1957, lawful visitor can have acquired license over the premisis

A

Lowery V Walker

205
Q

For Occupiers’ Liability 1957, there’s a duty to ensure the visitor is reasonably safe.

A

s2(2)

206
Q

For Occupiers’ Liability 1957, standard of care higher for children

A

Jolley V Sutton LBC.

207
Q

For Occupiers’ Liability 1957, standard lower for workmen

A

Roles V Nathan

208
Q

For Occupiers’ Liability 1957, an occupier can discharge their duty with an effective warning

A

s2(4)(a)

209
Q

For Occupiers’ Liability 1957, D not liable if caused by an independent, trustworthy contractor.

A

s2(4)(b)
Haseldene V Daw

210
Q

Defences for Occupiers’ Liability 1957

A

Contributory negligence - s2(3)
Volenti non fit injuria - s2(5)

211
Q

For Occupiers’ Liability 1984, a premises includes any land or property including outdoor fire escapes.

A

Keown V Coventry NHS Trust

212
Q

For Occupiers’ Liability 1984, duty is to prevent against things inherently dangerous.

A

s1(3).
D must know the danger exists - s1(3)(a).
D must know V is near the danger - s1(3)(b).
D can prevent the risk - s1(3)(c)

213
Q

For Occupiers’ Liability 1984, D must not have taken reasonable precautions.

A

s1(4)

214
Q

For Occupiers’ Liability 1984, warnings can be used to avoid liabilty.

A

s1(5)

215
Q

Almost any sign is reasonable for an adult as a warning

A

Tomlinson

216
Q

For private nuisance, C must have an interest in the land

A

Malone V Laskey - falling toilet.

217
Q

For private nuisance, an annoyance isn’t an unlawful interference.

A

Hunter V Canary Wharf - lost TV signal.

218
Q

For private nuisance, duration is considered.

A

Crown River Cruises V Kimbolton Fireworks - firework debris damaged boats.

219
Q

For private nuisance, locality is considered.

A

Sturges V Bridgman - what would be a nuisance in Belgravia would not be in Bermondsey.

220
Q

For private nuisance, locality is not considered for property damage.

A

St Helens Smoking Co. V Tippling

221
Q

For private nuisance, sensitivity is not considered

A

Robinson V Kilvert

222
Q

For private nuisance, motive is considered

A

Hollywood Silver Fox Farm V Emmett

223
Q

For private nuisance, planning permission does not change locality

A

Coventry V Lawrence

224
Q

For private nuisance, public utility is not considered in judgement but might be in remedy

A

Miller V Jackson - cricket balls

225
Q

For private nuisance, damage must be foreseeable

A

Cambridge Water Co. V Eastern Counties Leather.

226
Q

Defences for private nuisance.

A

Prescription - Sturges V Bridgman
Statutory Authority - Allen V Gulf Refining Ltd.

227
Q

For Rylands V Fletcher, accumulation must be for D’s benefit

A

Dunne V North West Gas Board

228
Q

For Rylands V Fletcher, D must bring something and keep it

A

Giles V Walker

229
Q

For Rylands V Fletcher, non natural means not commonplace

A

Rickards V Lothian

230
Q

For Rylands V Fletcher, any storage of dyes or chemicals is non-natural

A

Cambridge Water Co. V Eastern Counties Leather

231
Q

For Rylands V Fletcher, large quantities of something is unnatural

A

Harooni V Rustins

232
Q

For Rylands V Fletcher, substance must have left D’s property

A

Read V Lyons

233
Q

For Rylands V Fletcher, damage must not be too remote

A

Cambridge Water Co. V Eastern Counties Leather

234
Q

Defences for Rylands V Fletcher.

A

Act of stranger (Perry V Kendricks)
Act of God (Carstairs V Taylor)
Consent (Peters V Prince of Wales Theatre)
C’s fault (Dunn V Birmingham Canal Co.)

235
Q

For vicarious liability, tort is usually negligence

A

Barnett V Chelsea & Kensington Hospitals.

236
Q

For vicarious liability, can be a crime

A

Mohamud V Morrisons

237
Q

For vicarious liability, control test

A

Yewens & Noaks

238
Q

For vicarious liability, integration test

A

Jordan & Stephens

239
Q

For vicarious liability, multiple reality test

A

Ready Mix Concrete

240
Q

For vicarious liability, akin to employment test

A

Created in Lister V Hesley Hall.
Confirmed in Ames V Nottingham County Council

241
Q

For vicarious liability, D’s organisation doesn’t have to be commercial or for profit.

A

Cox V Ministry of Justice

242
Q

For vicarious liability, acting in course of employment.

A

Authorised act in unauthorised way - Century Insurance
Unauthorised act that benefits employer - Rose V Plenty
Employee detoured but still on employer’s business - Joel V Morrison
Authorised act done over zealously - Vasey V Surrey Inns

243
Q

For vicarious liability, not acting in course of employment

A

Outside scope of employment - Stoney V Ashton
Expressly prohibited act - Iqbal V London Bus Company
Employee going for a frolic on their own - Rose V Plenty

244
Q

For contributory negligence, damages reduced by C’s level of fault

A

Sayers V Harlow Urban District Council

245
Q

For vicarious liability, there can be 100% reduction

A

Jayes V IMI Ltd.

246
Q

For contributory negligence, C doesn’t have to be at fault, but made it worse

A

Froom V Butcher

247
Q

For volenti non fit injuria, must have agreed to it freely and voluntarily

A

Nettleship V Western

248
Q

For volenti non fit injuria, , not available if C has a duty to act

A

Haynes V Harwood

249
Q

Act poorly made without consultation

A

Dangerous Dogs Act 1991

250
Q

Public bill

A

Equality Act 2010

251
Q

Private bill

A

University College London Act 1996

252
Q

Private members’ bill

A

Abortion Act 1967

253
Q

Hybrid bill

A

Channel Tunnel Act 1987

254
Q

Sovereign signs Act

A

Royal Assent Act 1967

255
Q

If HoL rejects bill it can be passed by HoC alone after a year

A

Parliament Acts 1911 and 1949

256
Q

Parent Act for police powers

A

Police and Criminal Evidence Act 1984

257
Q

Privy Council can make emergency laws

A

Civil Contingencies Act 2004

258
Q

Privy Council alters laws

A

Cannabis upgraded to Class B under Misuse of Drugs Act 1971

259
Q

Complicated law made by government

A

Chemicals Regulation Act 2009

260
Q

Councils can make By-laws

A

Local Government Act 1982

261
Q

Example of a corporation by-law

A

South West Train Limited Railway make by-laws under s129 Railways Act 1993

262
Q

Affirmative resolution in the parent Act

A

revised police codes under PACE 1984

263
Q

Procedural ultra vires

A

Aylesbury Mushrooms

264
Q

Substantive ultra vires

A

R V Home Secretary ex parte Fire Brigades Union

265
Q

Wedensbury unresaonableness

A

R (Rogers) V Swindon NHS Trust

266
Q

Literal rule given dictionary definition

A

R V Judge of the City of London Court

267
Q

Literal rule can be stupid

A

Whitely V Chappell
London & North Eastern Railway Co. V Berriman

268
Q

Golden rule

A

Re Sigsworth

269
Q

Mischief rule

A

Smith V Hughes

270
Q

Purposive approach

A

Quintavalle

271
Q

Dictionaries as an extrinsic aid

A

Cheeseman V DPP

272
Q

Hansard as an extrinsic aid

A

Pepper V Hart

273
Q

Treaties and Conventions as extrinsic aids

A

Fothergill V Monarch Airlines Ltd.

274
Q

Act which gives definitions

A

Interpretation Act 1978
Month is a calendar month
land is any building, structure, water, or estate.
Gendered words are genderless

275
Q

Human rights and interpretation

A

s3 HRA 1998
Godin-Mendoza V Ghaidan