duty of care Flashcards
What are the four elements of negligence?
Duty of care, breach of duty, causation, and loss or damage.
What is the Glencar test for establishing a duty of care?
- The Glencar test is a guideline to determine whether a duty of care exists, using the following criteria:
1. Foreseeability – Could the defendant reasonably foresee that their actions might harm someone?
2. Proximity – Is there a close relationship between the defendant and the plaintiff?
3. Justice and reasonableness – Is it fair and just to impose a duty of care on the defendant?
what happened in Haley v. London Electricity Board?
o Employees left a hole in the pavement without proper warning. A blind man fell into the hole and was injured.
o The court ruled that it was foreseeable that someone could be harmed, including a blind person.
What was the ruling in Topp v. London Country Bus?
o A bus company left a minibus unattended with keys inside. A thief stole the bus, killing the claimant’s wife.
o The court ruled there was no duty of care because it was not foreseeable that the bus would be stolen and cause harm.
What is the significance of Watson v. British Boxing Board of Control?
A boxer was injured during a match and didn’t receive timely medical help, leading to permanent brain damage.
The court held the British Boxing Board liable because it had a responsibility for ensuring proper medical care during the match
What was the outcome in Mitchell v. Glasgow City Council?
o Mitchell was attacked and killed after the Glasgow City Council called his neighbor, who had made threats against him, to a meeting.
o The family of Mitchell argued that the Council should have warned him, but the House of Lords held that imposing such a duty would be unjust and unreasonable. It would place too much responsibility on landlords and authorities.
What is the ruling from Brooks v. Commissioner of Police for the Metropolis?
o After witnessing the killing of his friend Stephen Lawrence, Brooks, a witness, sued the police for not treating him as a victim.
o The court ruled that the police had no duty of care to ensure the welfare of witnesses unless they were deliberately harmed or the police’s actions amounted to misconduct.
in Kent v Griffiths, what duty did the ambulance service owe?
The ambulance service owed a duty to respond in a reasonable time once the call was accepted, and their delay led to the plaintiff’s harm.
What did the court decide in OLL v. Secretary of State for Home Department regarding the Coastguard?
The court ruled the Coastguard didn’t owe a duty of care unless their actions caused greater injury than would have occurred without their intervention.
What was the ruling in Taghadomi v. U.S. Coastguard?
The court ruled the U.S. Coastguard had no duty of care to the plaintiff, as their delay did not cause greater harm than would have happened otherwise.
