Elements of the calculus of risk

Question 1

What is the general rule of probability of injury?

Answer 1

If a risk is highly improbable then the reasonable person would not take precautions against it.

Question 2

What case states that when the probability of risk is very high then D must take precuations to avoid injury?

Answer 2

Phee v Gordon - Both Gordon and the golf club.

Question 3

Which case shows that when the probability of injury is high the reasonable employer would take precautions for staff?

Answer 3

Kennedy v Cordia

Question 4

Which case showed that when injury is very improbable precautions do not have to be taken?

Answer 4

Bolton v Stone

Question 5

What is the general rule of serious injury?

Answer 5

If the risk of serious injury is high then D must take steps to offset this.

Question 6

Which case stated that if there is a risk of a more serious injury then D must take care to avoid it? And that it is relevant to understand the seriousness of risk of injury in regard to Ps personal circumstances?

Answer 6

Paris v Stepney Borough Council

Question 7

Which case involves a serious risk of injury due to the unreasonable conduct of the driver?

Answer 7

Bolitho v Arriva London

Question 8

General rule of utility of action?

Answer 8

Court must take into account the social utility of the negligent act or omission.

Question 9

Which case found that there was a utility of action to a degree but it had its limits?

Answer 9

Gilfillan v Barbour

Question 10

Which case shows that there is an acceptance of a certain level of risk in light of social utility but activities which are unnecessarily risky are not protected in the same way?

Answer 10

Scout Association v Barnes

Question 11

Which case shows that when utility is high, as in resucing someone trapped under a car, then reasoanbly foreseeable risks can be ignored?

Answer 11

Watt v Hertfordshire Council

Question 12

Which case shows that even small business have to take practical precuations in dangerous enviroments?

Answer 12

Piccolo v Larkstock

Question 13

Which case showed that council cannot be expected to cover all roads as it would be an unfair financial burden?

Answer 13

Ryder v Highland Council

Question 14

General rule for cost of precautions?

Answer 14

Reasonable man would bear costs that are proportional to the risk of injury or harm

Question 15

Which case shows that closing a whole factory would not have been proportional to making the entire floor safe?

Answer 15

Latimer v AEC Ltd

Question 16

Which case shows that when there is a reasonably foreseeable and known risk of robbries then an employer must pay for an extra employee?

Answer 16

Collins v First Quench Retailing Ltd

Question 17

What are the three options governing Normal Practices?

Answer 17

• Not following standards causes risk
• Following standards but being so obviously risky that reasonable man would take precautions
• Not following standards but taking different steps to provide reasonable care

Question 18

Which case states that not following standards and causing risk can result in liability?

Answer 18

Morton v Wm Dixon Ltd

Question 19

Which says that despite there not being a normal practice the risk was so obvious that a reasonable man would have taken precautions and thus held D liable?

Answer 19

Cavanagh v Ulster Weavers

Question 20

Which case states that D can escape liability if they can justify not following normal practices and using different methods to take reasonable care of employees?

Answer 20

Brown v Rolls Royce