Duty Of Care Cases Flashcards
Bourhill v Young
C saw blood from a motorcycle crash and suffered a miscarriage.
Held, no duty of care on the grounds of foreseeability.
Maguire v Harland
C developed mesothelioma from her husband being exposed to asbestos at work.
Held, no duty of care on the grounds of foreseeability.
Hall v Gwent
Practical joke caused the flair up of psychosis, such that X killed CC.
Held, no duty of care on the grounds of foreseeability.
Spartan Steel v Martin
Power cut caused ruined metal and a loss of profits.
Held, no duty of care for the loss of profit on the grounds of proximity.
Caparo v Dickman
Negligent accounts were published online, which CC relied upon.
Held, no duty of care on the grounds of proximity.
Sutradhar v NERC
Report issued by DD on water in Bangladesh was relied upon by CC.
Held, no duty of care on the grounds of proximity (and policy).
The Nicholas H
Ship negligently classified as in good condition, sank.
Held, no duty of care on the grounds of fairness, justice and reasonableness: a defensiveness argument
Darnley v Croydon
C was negligently told of a 4h wait at A&E.
Held, no duty of care on the grounds of fairness, justice and reasonableness: a defensiveness argument.
D v East Berkshire
Children were negligently taken away from their CC parents.
Held, no duty of care on the grounds of fairness, justice and reasonableness: a defensiveness argument.
SXH v CPS
An asylum seeker was arrested.
Held, no duty of care on the grounds of fairness, justice and reasonableness: a defensiveness argument.
G v Winnipeg
D mother sniffed glue during pregnancy.
Held, no duty of care.
McFarland v Tayside HB
Negligent sterilisation caused the birth of a healthy child.
Held, no recovery for cost of bringing up child on the grounds of fairness, justice and reasonableness.
Parkinson v St James
Negligent sterilisation caused the birth of an autistics child.
Held, recovery available for cost of bringing up child.
Rees v Darlington MS
Negligent sterilisation caused the birth of a healthy child.
Held, no recovery for cost of bringing up child with extra care needed because of the mother’s disability, on the grounds of fairness, justice and reasonableness.
Stovin v Wise
Car accident caused when DD Health authority did not cut a hedge.
Held, no duty of care for the pure omission.
Hill v Chief Constable of West Yorkshire
Final victim of the Yorkshire ripper guessed she would be the next victim, and informed the police. Police did not catch the murderer.
Held, no duty of care for the pure omission.
Palmer v Tees HA
X discharged despite him informing D of voices telling him to kill a child.
Held, no duty of care on the grounds of foreseeability.
Capital & Countries v HCC
Fire brigade turned sprinklers off so there was more damage.
Held, duty of care existed despite omission for creating the danger.
Barnes v HCC
Schoolchildren were unsupervised.
Held, duty of care existed despite omission for assumption of responsibility and control.
Barrett v MoD
Drunk serviceman was moved upstairs where he died.
Held, duty of care existed despite omission for assumption of responsibility.
Dorset Yacht v HO
Young offenders escaped DD and caused damage to CC’s boat.
Held, duty of care existed despite omission for assumption of responsibility and control.
Swinney v Chief Constable of Northumbria Police
Confidential information was given by C to the DD policeman regarding gang activity with assurance that it would remain secret. Negligently left in back of car.
Held, duty of care existed despite omission for assumption of responsibility.
Michael v Chief Constable of South Wales
C called 999, regarding imminent death threat, but her call was downgraded by accident.
Held, no duty of care for there had not been an assumption of responsibility.
Stansbie v Troman
D left the door unlocked to a house he was working on, so thieves entered.
Held, duty of care existed despite omission on the grounds of a contractual obligation.
