Historical Introduction

Question 1

What does Donoghue v Stevenson stand for?

Answer 1

• Catalogue of torts is never closed.
• Privity of contract.
• Relationship of sufficient proximity.

Question 2

What are punitive damages called in England?

Answer 2

Exemplary damages.

Question 3

When are exemplary damages allowed, and what case does it come from?

Answer 3

Rookes v Barnard:

• Arbitrary or unconstitutional action by state.
• Calculated to make profit exceeding compensation.
• Authorized by statute.

Question 4

Case that illustrates that big damages awards are allowed in the United States of America.

Answer 4

Liebeck v McDonald’s Restaurants (Hot Coffee Case).

Question 5

Blyth v Birmingham Waterworks

Answer 5

Reasonable person.

Question 6

MacPherson v Buick

Answer 6

Changed Macmillan LJ’s mind in Donoghue v Stevenson.

Question 7

What are the requirements under lex acquilia?

Answer 7

• Illegality.
• Fault.
• Damage (being direct or indirect, punitive and real damages)
• Owner (or other title).

Question 8

Main provisions in French and German law?

Answer 8

In France, art. 1240 which states that any act by which a person causes damage to another.
In Germany, section 823(1) which protects the life, body, health, freedom, property, and any other absolute right.