Delict Cases

Question 1

The one with the he pregnant woman on the tram

Answer 1

Bourhill V Young - the claimant was not directly involved since she did not see the accident she chose to walk past.

Question 2

What is the test Hunter v Hanley created?

Answer 2

1-there must be a usual and normal practice (I.e by a doctor)
2-The doctor must not have adopted that practice
3-the action adopted must be one which no professional man of ordinary skill in said field would taken.

Question 3

The one with the boys who dropped a lamp down a hole

Answer 3

Hughes V Lord advocate, the damage was not too remote to be unforeseen

Question 4

The one with the asbestos lid reacting and exploding.

Answer 4

Doughty v turner manufacturing company, since it was unknown asbestos would react that way the damage was too remote.

Question 5

The one with the building burning close by properties

Answer 5

Smith v Littlewood were crucially not made aware of the vandals entries or fires. They were not liable since they were not made aware.

Question 6

Case about the snail, what does it mean?

Answer 6

Donoghue v Stevenson 1932 - Company owes a duty of care to its “neighbour”