Key cases Flashcards
Donoghue v Stevenson
F - woman buys ginger beer. Dead snail in it. Claimed mental illness. Sued manufacturer. Successful
E - neighbour test + reasonable foreseeability duty of care
Bourhill v Young
F - man dies in motorcycle crash. Observer tried to claim damages. Unsuccessful.
E - introduced requirement of duty of care
Caparo v Dickman
F - negligent misstatement by a group of accountants
E - introduced tripartite test (foreseeable + proximate + fair, just and reasonable
Hughes v Lord Advocate
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
Muir v Glasgow Corporation
F - afternoon tea workers spilt tea and burned girl
E - only reasonable care must be taken, not duty to avoid all potential risk
Hill v Chief Constable of West Yorkshire
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
Gibson v Orr
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
Robinson v Chief Constable of West Yorkshire
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
Reavis v Clan Line Steamers
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
Hedley Byrne v Heller
F - negligent misstatement b auditor. Investors who lost when company went bankrupt sued.
E - successful, primary economic loss can be recovered
Alcock v Chief Constable of South Yorkshire
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
Robertson v Forth Road Joint Bridge Board
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
Smith v Stages
F - travelling during work hours
E - course of employment requirement is judged circumstantially
Williams v Hemphill
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
Bellman v Northampton Recruitment Ltd
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
WM Morrison Supermarkets Plc v Various Claimants
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
Barclays Bank Plc v Various Claimants
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
Watt v Jamieson
F - leaking water vapour from neighbouring flat caused damage
E - introduced reasonable tolerance test for nuisance + locality principle
Fearn v Board of Trustees of the Tate
F - Tate gallery attendees could see into opposite flats
E - Actionable, despite rule that only property interference allows for
Shell UK v McGillivray
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
Allan v Flood
F - dispute between iron workers and woodworkers in a ship yard
E - intentionally causing economic loss is only unlawful if using unlawful means
DC Thompson v Deacon
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
Smolden v Whitworth
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.
Weir v Wyper
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
Cope v Sharpe
F - defendant fought fire with fire on neighbours property
E - valid defence of necessity
Allan v Barclay
E - losses must arise naturally and directly as a result of the unfair act for damages to be claimable
Shilliday v Smith
E - put accepted definition of unjustified enrichment into common law - gain at the expense of another
Dynamco ltd v Holland and Hannen and Cubbits ltd
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
McLoughlin v O’Brian
E - test for nervous shock made to reasonable foreseeability
AR v Coxen
F - rape case not proven in criminal court, successful in civil
Buchanan v Jennings
E - HoC + HoL + SP statements are immune from defamation
BC and others v Chief Constable of the Police Services of Scotland
E - private messages can be used as evidence in judicial proceedings, where it is in the public interest
Tomlinson v Congleton
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
Murphy v Brentwood DC
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
Walker v Northumberland CC
F - man suffered mental breakdown. Returned to work after notifying employer. Suffered another due to workplace stress
E - employer was liable
Hatton v Sutherland
F - teacher suffered two nervous breakdowns
E - Presumption that employees can withstand normal stress. Mental illness is not inherent in workplace.
Simpson v ICI
E - psychiatric illness is a valid delictual claim, if the illness can be medically identified/recognised
Lister v Hesley Hall
F - teacher abused kids at school
E - School was VL. Sufficiently close connection and in scope of employment
Various Claimants v Catholic Child Welfare Society
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
Bolton v Stone
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
Crofter v Veitch
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
The Oropesa
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
Barnett v Chelsea and Kensington Hospital Management Committee
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
AJ Allan v Strathclyde Fire Board
E - fire service do not hold duty of care to public to put our fires. Duty not to make them worse
MacDonald v Aberdeenshire Council
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
McLoughlin v O’Brian
F - Mother went to hospital after being told her family were in a car crash. Youngest daughter had died
E - Successful secondary victim
Weddle v Glasgow City Council
F - bin lorry disaster. Bystander tried to claim psychiatric illness
E - Unsuccessful, didn’t see incident and not shocking enough
RHM Bakeries v Strathclyde Regional Council
F -water pipe burst and flooded bakery. Damages.
E - No-one was liable, must be fault for liability to arise in nuisance disputes
Darnley v Croydon Health Services
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
Stevens v NHS Yorkhill Trust
E - can recover for both physical damage and affronts to dignitary interests and personality rights
Rouse v Squires
E - were the consequences reasonably likely as a result of the incident?
Rooks v Barnard
E - threatening to breach contract is unlawful - intentionally causing economic loss
