Juries Flashcards
Blythe v Birmingham Waterworks (1956)
Company laid pipes around the city and they leaked which damaged Blythe’s property.
No negligence or breach of duty.
Donoghue v Stevenson (1932)
Neighbour Principle.
“Persons who are so closely and directly affected by my act”.
Snail found in drunk her friend had bought her.
Caparo v Dickman (1990)
An investor had lost money in a company based on the auditors who had processed inaccurate accounts.
No breach.
Law should develop the neighbour principle.
Kent v Griffiths (2000)
An ambulance was called for the claimant who had an asthma attack, took 40 mins for the ambulance by which point the person had stopped breathing.
Defendant was liable.
Bourhill v Young (1943)
Young was riding his motorcycle and was hit by a car and died. She suffered a still birth a long time after and blamed Young for nervous shock.
Not foreseeable, not liable.
Mcloughin v O’brien (1983)
Pending
Nettleship v Weston (1971)
Learner driver crashed into a lamppost.
Driver was liable despite her inexperience.
Wells v Cooper (1958)
Door handle fell off so defendant tried to fix it but wasn’t a professional. Wasn’t done properly so the claimant tripped and badly hurt himself.
No breach.
Mullin v Richards (1998)
Two 15 year old girls were fighting with rulers and one but snapped and went in her eye.
Different for child defendants.
A reasonable 15 year old would not be blamed so no breach.
Corden v Basi (1985)
Claimant suffers a broken leg during a football match.
Was liable as the reasonable sportsman wouldn’t have tackled
like that.
Bolam v Friern hospital (1957)
Claimant underwent electro-convulsive therapy in hospital for depression. Doctor didn’t give any muscle relaxants so claimant suffered dislocation of both hips with fractures of the pelvis either side.
No breach because doctors would’ve done the same thing.
Bolitho v City and Hackney health authority (1998)
Claimant suffered brain damage as a result of failing to attend to a child’s blocked airways.
No breach.
Latimer v AEC ltd (1953)
COST: must be proportionate to the risk of injury.
Factory became flooded so they put sawdust down and someone slipped.
No breach of duty as defendant only had to take reasonable precautions.
Watt v Hertfordshire (1954)
PUBLIC BENEFIT: when defendants behaviour is in the public benefit, the lower the standard of care.
Firefighters were injured by lifting gear into a fire engine which they didn’t need to do.
No breach.
Paris v Stepney (1951)
SENSITIVITIES: if the defendant knows about the claimants sensitivities the defendant might have a higher standard of care. Safety goggles weren’t provided and the claimant was blind in one eye which the defendant knew about.
Breach.
Walker v Northumberland City council (1995)
SENSITIVITIES:
Upon his return to work he asked for assistance but defendant provided no additional support so the claimant had another breakdown.
Breach as they knew about him needing help.
Haley v London electricity board (1964)
SIZE OF RISK: the greater the risk, the more care needs to be taken based on the likelihood and the seriousness.
Hole in the ground which workers left without signs and a blind man fell into it.
Breach.
Lord Denning in Cork v Kirby Maclean ltd (1952)
Claimant died while working over 20 feet above the ground from an epileptic seizure.
Argued that the epilepsy caused his death rather than the fact there were no railings.
Breach, but for test.
Barnett v Chelsea and Kensington Hospital (1968)
Cup of tea with arsenic in it which claimant drank, he went to the hospital and they told him to come back later but he died.
Not liable, but for test.
The wagon mound (1961)
Oil spill from the boat to the pier where construction workers were, he sparked the fire and the pier blew up.
No liability as the damage from the oil was foreseeable but not the fire.
Hughes v Lord Advocate (1963)
Two young boys were exploring a manhole with a lantern and an explosion occurred resulting in burns.
Liable, type of injury is foreseeable.
Doughty v Turner Asbestos
An asbestos lid was knocked into molten lights causing an explosion burning the claimant. Wasn’t know the asbestos would do that.
Not liable.
Smith v Leech brain (1962)
Burnt lip which triggered the cancer cells, claimant then died of cancer.
Employer was liable for not supplying a mask.
Baker v Willoughby (1970)
Claimant was ran over then 3 years later got shot in the leg.
House of lords held that the loss of earnings were a result of the original injury.
No intervening acts.
