Flash Cards UK Tort Negligence cases
What is the case Donoghue v Stevenson (1932) about?
It established the Neighbor Principle, which states that a duty of care is owed to those who are closely and directly affected by one’s actions.
Summary: Donoghue fell ill after drinking ginger beer containing a snail.
What principle was established in Caparo Industries plc v Dickman (1990)?
A three-part test for establishing duty of care: foreseeability, proximity, and fairness.
Summary: Caparo sued auditors for faulty financial statements.
What does the case Kent v Griffiths (2000) illustrate about emergency services?
Emergency services owe a duty of care in certain circumstances.
Summary: Ambulance delayed in arriving, worsening plaintiff’s condition.
What principle was established in Hedley Byrne & Co Ltd v Heller & Partners Ltd (1964)?
Liability for negligent misstatements causing pure economic loss.
Summary: Plaintiff relied on negligent advice from a bank, resulting in economic loss.
What was the outcome of Anns v Merton LBC (1978)?
Set out a two-stage test for duty of care, later overruled in Caparo.
Summary: Plaintiff sued the council for approving faulty building plans.
What principle does Palsgraf v Long Island R.R. (1928) emphasize?
Foreseeability of harm is key to determining causation in negligence.
Summary: A man dropped fireworks, which led to an injury to Palsgraf.
What did Robinson v Chief Constable of West Yorkshire Police (2018) establish?
Police owe a duty of care in some situations.
Summary: Plaintiff injured during an arrest by police.
What principle was established in The Wagon Mound (No 1) (1961)?
Damage must be foreseeable to be compensable.
Summary: Oil spill caused fire, but fire was not foreseeable.
What does Spring v Guardian Assurance (1994) illustrate about negligent misstatements?
Liability for negligently giving advice leading to economic loss.
Summary: A former employer gave a negligent reference, harming the plaintiff’s job prospects.
What standard of care is expected in Bolam v Friern Hospital Management Committee (1957)?
The standard of care should be assessed according to the practices accepted by a responsible body of medical professionals.
Summary: Plaintiff suffered injury during medical treatment.
