Introduction to Tort Law Flashcards
How has actionable damage evolved (what case)?
Dryden v Jones - injury that has not yet happened
Elements of a cause of action?
- D owed a DOC to C
- Breach
- Causation
- Damage was too remote
- Defences
Historical cases of limited scope
Winterbotom v Wright
Heaven v Pender
Mullen v AG BArr
Historical cases of widening scope?
Donoghue v Stephenson
HO v Dorset yacht
Cases creating boundaries
Anns v Merton
what were the boundaries created to prevent to wide of scope for DOC?
Sufficent proximity
broader considerations to limit DOC
What is the omdern test for establishing a DOC
- Foreseeability of harm
- Proximity
- Policy considerations
What other tests are there?
Incremental test (James Bowen v Commission Police
Assumption of responsibility test
Does C need to prove DOC?
Robinson v CC Police - CAparo is main test but not always necessary
Describe the first leg of the Caparo test…
RF test (objective)
Reasonable to believe C would suffer harm from negligence
What about an unborn claimant?
Use the Congenital Disability Act 1976 s.1 - mother is immune to action taken against unforeseeable claimant (except for drink driving)
What are the requirements for the second leg of Caparo?
Geographical
temporal
relational
Knowledge/control of 3rd parties
Example of a successful claim (proximity)?
HO v Dorset Yacht
Example of a claim which failed on proximity?
Hill v Yorkshire Police
Palmer v Tees
Mitchell v Glasgow
Case examples which failed of the third leg of Caparo
Hill v Police
Osman v UK
Brookes v Commissioner Met Police
Michael v South Yorkshire Police
