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Involuntary obligations > Key cases > Flashcards

Key cases Flashcards

1
Q

Donoghue v Stevenson

A

F - woman buys ginger beer. Dead snail in it. Claimed mental illness. Sued manufacturer. Successful

E - neighbour test + reasonable foreseeability duty of care

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2
Q

Bourhill v Young

A

F - man dies in motorcycle crash. Observer tried to claim damages. Unsuccessful.

E - introduced requirement of duty of care

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3
Q

Caparo v Dickman

A

F - negligent misstatement by a group of accountants

E - introduced tripartite test (foreseeable + proximate + fair, just and reasonable

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4
Q

Hughes v Lord Advocate

A

F - worker leaves a manhole uncovered without sufficient warning. Kids go down with gas lamp. Explosion. Claim for injuries.

E - was held to be reasonably foreseeable, example of tests

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5
Q

Muir v Glasgow Corporation

A

F - afternoon tea workers spilt tea and burned girl

E - only reasonable care must be taken, not duty to avoid all potential risk

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6
Q

Hill v Chief Constable of West Yorkshire

A

F - Yorkshire ripper, last victim’s mother sued for police’s inefficient dealing with issue

E - police don’t owe duty of care to protect individuals from third parties. Do owe duty not to cause loss directly

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7
Q

Gibson v Orr

A

F - police arrive at broken bridge and leave without setting up warning measures. Man drives off.

E - liable, as they took control of situation initially and, therefore, directly caused incident through omissions

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8
Q

Robinson v Chief Constable of West Yorkshire

A

F - old lady injured by police during apprehension of suspect outside gambling shop

E - direct, as they decided where, when and how to apprehend. Liable for her injuries

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9
Q

Reavis v Clan Line Steamers

A

F - ship sank. Orchestra members died. Conductor tried to sue for financial loss of potential profit

E - unsuccessful, secondary victims cannot recover for pure economic loss

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10
Q

Hedley Byrne v Heller

A

F - negligent misstatement b auditor. Investors who lost when company went bankrupt sued.

E - successful, primary economic loss can be recovered

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11
Q

Alcock v Chief Constable of South Yorkshire

A

F - Hillsborough disaster, people who witnessed deaths tried to claim damages for resultant psychiatric illness

E - requirements of secondary victims for psychiatric illness: 1) time and physical proximity, 2) appropriate relationship and 3) shockingness

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12
Q

Robertson v Forth Road Joint Bridge Board

A

F - men watched friend fall to death over bridge

E - long-term friendship did not satisfy close tie of love and affection requirement for relationship

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13
Q

Smith v Stages

A

F - travelling during work hours

E - course of employment requirement is judged circumstantially

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14
Q

Williams v Hemphill

A

F - lorry driver took a long detour away from route of employment

E - as long as what you are doing has a sufficiently close connection to your employment, you are acting in the course of said employment

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15
Q

Bellman v Northampton Recruitment Ltd

A

F - Managing director was involved in a fight on a Christmas night out

E - company was held to be vicariously liable, even though in an obviously non-professional circumstance. Very broad scope of VL

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16
Q

WM Morrison Supermarkets Plc v Various Claimants

A

F - company auditor released personal payroll information about thousands of employees in anger.

E - company not liable as: 1) was not pursuing company interests, 2) was a close connection to employment but this alone does not mean VL. Narrowed scope of VL

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17
Q

Barclays Bank Plc v Various Claimants

A

F - Self-employed doctor sexually assaulted 126 people, when hired by Barclays to conduct medical checks before employment. Victims claimed VL against bank.

E - held not to be VL, as was never an employee of company. Narrowed scope of relationship for VL

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18
Q

Watt v Jamieson

A

F - leaking water vapour from neighbouring flat caused damage

E - introduced reasonable tolerance test for nuisance + locality principle

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19
Q

Fearn v Board of Trustees of the Tate

A

F - Tate gallery attendees could see into opposite flats

E - Actionable, despite rule that only property interference allows for

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20
Q

Shell UK v McGillivray

A

F - striking contractors occupied vessel that they were supposed to be doing work on

E - law broadened to include both heritable and moveable property in reference to trespass

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21
Q

Allan v Flood

A

F - dispute between iron workers and woodworkers in a ship yard

E - intentionally causing economic loss is only unlawful if using unlawful means

22
Q

DC Thompson v Deacon

A

F - trade union members told to strike. Amounted to breach of contract. Was trade union leader liable for economic loss of company?

E - yes, inducing intentional economic loss is also unlawful

23
Q

Smolden v Whitworth

A

F - rugby scrum collapsed, causing severe neck injury to players. Sued rugby board.

E - referee was actually liable for poor adjudication of the game. Consent to activities is not limitless defence.

24
Q

Weir v Wyper

A

F - unlicensed driver got into an accident with friends in the car

E - act was significantly criminal for illegality test, meaning surviving passengers in the accident could recover for damages

25
Q

Cope v Sharpe

A

F - defendant fought fire with fire on neighbours property

E - valid defence of necessity

26
Q

Allan v Barclay

A

E - losses must arise naturally and directly as a result of the unfair act for damages to be claimable

27
Q

Shilliday v Smith

A

E - put accepted definition of unjustified enrichment into common law - gain at the expense of another

28
Q

Dynamco ltd v Holland and Hannen and Cubbits ltd

A

F - contractors damaged electric cable, factory lost profit as had to shut down temporarily

E - no delictual claim unless actual physical damage to property of pursuer

29
Q

McLoughlin v O’Brian

A

E - test for nervous shock made to reasonable foreseeability

30
Q

AR v Coxen

A

F - rape case not proven in criminal court, successful in civil

31
Q

Buchanan v Jennings

A

E - HoC + HoL + SP statements are immune from defamation

32
Q

BC and others v Chief Constable of the Police Services of Scotland

A

E - private messages can be used as evidence in judicial proceedings, where it is in the public interest

33
Q

Tomlinson v Congleton

A

F - lake in a refurbished quarry not safe to swim. Local authority put warning signs. Man dove in and sustained severe injury

E - No liability on authority, occupier’s liability is just reasonable steps to prevent harm

34
Q

Murphy v Brentwood DC

A

F - house had bad foundations, as previous owner had installed poorly. Meant current owner had to sell, economic loss.

E - No liability on previous owner, as no physical damage to property - not primary victim

35
Q

Walker v Northumberland CC

A

F - man suffered mental breakdown. Returned to work after notifying employer. Suffered another due to workplace stress

E - employer was liable

36
Q

Hatton v Sutherland

A

F - teacher suffered two nervous breakdowns

E - Presumption that employees can withstand normal stress. Mental illness is not inherent in workplace.

37
Q

Simpson v ICI

A

E - psychiatric illness is a valid delictual claim, if the illness can be medically identified/recognised

38
Q

Lister v Hesley Hall

A

F - teacher abused kids at school

E - School was VL. Sufficiently close connection and in scope of employment

39
Q

Various Claimants v Catholic Child Welfare Society

A

F - child abuse within clergy

E - VL can arise on behalf of organisations where employment contract does not exist, if an employment-like relationship exists

40
Q

Bolton v Stone

A

F - woman hit by cricket ball walking past the oval, as no high fencing

E - No liability on cricket club, was not reasonably foreseeable that people would be hit by flying balls

41
Q

Crofter v Veitch

A

F - Harris tweed paid dock workers on island not to accept imports of yarn from the mainland for rival company

E - Not unlawful. Did it to promote own business, rather than inhibit rivals

42
Q

The Oropesa

A

F - ship crashed into by another. Captain ordered crew into lifeboats, sank, died. Families sued captain

E - Not captains fault. Natural decision to order into lifeboats, not Novus actus interveniens. Fault of other ship captain who crashed into them

43
Q

Barnett v Chelsea and Kensington Hospital Management Committee

A

F - man went to hospital feeling ill. Doctor said go home. Died at home. Doctor should be liable

E - No, man had been poisoned unbeknownst to the doctor. But for test - would have happened anyway

44
Q

AJ Allan v Strathclyde Fire Board

A

E - fire service do not hold duty of care to public to put our fires. Duty not to make them worse

45
Q

MacDonald v Aberdeenshire Council

A

F - woman involved in car crash at junction with poor road lines and signs

E - No liability on local authority, they have the power to improve these things, but not a duty to do so

46
Q

McLoughlin v O’Brian

A

F - Mother went to hospital after being told her family were in a car crash. Youngest daughter had died

E - Successful secondary victim

47
Q

Weddle v Glasgow City Council

A

F - bin lorry disaster. Bystander tried to claim psychiatric illness

E - Unsuccessful, didn’t see incident and not shocking enough

48
Q

RHM Bakeries v Strathclyde Regional Council

A

F -water pipe burst and flooded bakery. Damages.

E - No-one was liable, must be fault for liability to arise in nuisance disputes

49
Q

Darnley v Croydon Health Services

A

F - man given incorrect waiting time at hospital. Couldn’t be bothered. Went home and suffered brain damage

E - Hospital liable. Accurate information included in duty of reasonable care for patients

50
Q

Stevens v NHS Yorkhill Trust

A

E - can recover for both physical damage and affronts to dignitary interests and personality rights

51
Q

Rouse v Squires

A

E - were the consequences reasonably likely as a result of the incident?

52
Q

Rooks v Barnard

A

E - threatening to breach contract is unlawful - intentionally causing economic loss

Involuntary obligations (3 decks)

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