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Law (Year 1) > LAA103 > Flashcards

LAA103 Flashcards

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1
Q

What are the 4 objectives of tort

A

Appeasement
Justice
Deterrence
Compensation

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2
Q

Who can be sued or sue in tort?

A

Anyone with a “legal personality” and “legal capacity”

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3
Q

Can other parties take the roles of tortfeasor and claimant?

A

Yes

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4
Q

What act gave provisions for a deceased’s estate to sue on their behalf?

A

Law reform (miscellaneous provisions) act 1934

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5
Q

What does ‘actionable per se’ mean?

A

they can be actioned even if there is no actual damage suffered

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6
Q

What are the 3 main intentional torts

A

assault, battery and false imprisonment

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7
Q

Which case showed that intentional torts require some level of intention or negligence?

A

Stanley v Powell [1891]

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8
Q

Which case showed the burden of proof is on the defendant in intentional torts

A

Letang v cooper

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9
Q

What is the required fault element for intentional torts

A

intention (not negligence)

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10
Q

Define assault

A

An intentional act which threatens violence - or produces in C a reasonable expectation of immediate unlawful force

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11
Q

What did stephens v myers establish

A

That an act can be considered an assault if it is accompanied by an intention to commit batter or if it is accompaniedby circumstances that would cause the claimant to believe the defendant has intention to commit a battery

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12
Q

What did R v Ireland establish

A

That the threat must be part of the current activity

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13
Q

Define battery

A

The direct and unulawful application of force to another without consent

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14
Q

What did LJ Blackstone define battery as?

A

‘unlawful beating’

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15
Q

What did Fagan v Metropolitan Police commissioner establish?

A

Ommissions cannot amount to a battery, however, due to the nature of the continuous act in this instance, the ommission did amount to a battery, in conjunction with the intial act

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16
Q

What did Cole v Turner establish in terms of the leve of force required to amount to a battery?

A

‘The least touching in anger’

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17
Q

What principle did Livingstone v Ministry of Defence establish?

A

Reinforced the rules of transferred intention

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18
Q

What are the 3 defences to Assault and Battery?

A

Consent
Self-defence
Necessity

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19
Q

What case gave rules for consent in the circumstance of medical treatment

A

Chatterton v Gerson [1981]

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20
Q

What case gave rules for consent in sporting activities?

A

R v Billinghurst [1978]

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21
Q

What case gave rulesfor self-defence

A

Cockcroft v Smith

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22
Q

What case gave rules for the defence of necessity?

A

Leigh v Gladstone

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23
Q

What did Bird v Jones [1845] define false imprisonment as?

A

Partial obstruction and disturbance does not constitute false imprisonment

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24
Q

What rule did Robinson v Balmain New Ferry Company Ltd [1910] establish?

A

A persona can be legally detained if they earlier entered into a contract which permitted the defendant to do so

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25
Q

What rule did O v A establish?

A

Defined the three elements of the tort of false imprisonment

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26
Q

What are the three elements of the tort of false imprisonment?

A

A conduct element, a mental element and a consequence element

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27
Q

What section of the 1957 OLA defines premises?

A

s1(3)(a)

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28
Q

What are premises?

A

Any fixed or moveable structure

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29
Q

What did Ferguson v Welsh [1987] establish?

A

Liability is based on ‘occupancy duties’

30
Q

what case confirmed the ruling in Ferguson v Welsh?

A

Fairchild v Glenhaven Funeral Services [2002]

31
Q

How do you establish if a person is an occupier?

A

The control test

32
Q

What case established the control test

A

Wheat v Lacom

33
Q

What are some examples of legal visitors?

A

Contractual entrants
invitees
licensees via common law

34
Q

Which case shows the limits of permission and the consequences of extending outside permissions granted?

A

Tomlinson v Congleton Borough Council [2003]

35
Q

What rule did Wells v Cooper [1958] establish?

A

Sometimes the work necessary on a property is so specialised and the consequences of not doing it properly high risk, so it is necessary to employ an independant contractor to carry out the work

36
Q

What section of the 1957 OLA allows for warnings to be used?

A

s2(4)(a)

37
Q

What does section 2(4)(a) say regarding warnings?

A

That they must be “sufficent to enable the visitor to be reasonably safe”

38
Q

What limit does s2(6) impose on the use of warnings?

A

No exclusions regarding those entering under a right conferred by law

39
Q

What limit does s3(1) impose on the use of warnings?

A

contractual entrants

40
Q

what does s2(3) say regarding children?

A

That occupiers must be prepared for children to be less careful than adults

41
Q

What factors regarding children did Cooke v Midland Great Western Railway of Ireland [1909] impose?

A

Age and intelligence factors

42
Q

What case added parental supervision into considerations regarding the duty owed to children

A

Phipps v Rochester Corporation [1955]

43
Q

when does an occupier owe a duty to unlawful visitors?

A

if the occupier knows or has reasonable grounds to believe that:
* the risk exists
* the non-visitor is or may come into vicinity
* the risk is one which, in all the circumstances, he can reasonably be expected to offer some protection against

44
Q

What did s1(4) of the 1984 OLA say?

A

that the occupiermust take “such care as is reasonable in all the circumstances of the case to see that he dpes not suffer injury on the premises by reason of the danger concerned”

45
Q

what case gave the rules for consent in OLAs?

A

Titchener v British Railway Board [1983]

46
Q

Which case gave the rules for contributory negligence in OLAs

A

Ratcliff v McConnell [1999]

47
Q

Define private nuisance

A

A continous, unlawful and indirect interference with the use or enjoyment of land

48
Q

What is the test to determine senistivity of the claimant

A

They must have the standard of tolerance of the reasonable man and ordinary land use

49
Q

What was the ruling in Robinson v Kilvert [1888]

A

that an action isnt a nuisance if the only reason it is disturbing is due to the claimant’s “delicate trade”

50
Q

When is the time, duration and intensity of the action relevant

A

always

51
Q

What was the ruling in Halsey v Esso Petroleum Co Ltd [1961]

A

That because the alleged nuisance was occuring at night, it was a nuisance

52
Q

What was the ruling in Crown River Cruises Ltd v Kimbolton Fireworks Ltd [1996] regarding duration

A

It was only a 20 minute firework display, so minimal duration, however was still a nuisance as physical damage was sustained

53
Q

What was the ruling in Barr v Biffa [2012]

A

permits do not make unreasonable activity reasonable

54
Q

What is statutory authority as a defense to private nuisance

A

if the defendant can show his conduct was authorised by law then it is not a nuisance

55
Q

What is prescription as a defence to private nuisance

A

A defendant essentially gains the right to act in a certain way if they have done so for 20+ years

56
Q

Define a public nuisance

A

A nuisance “which materially affects the reasonable comfort and convenience of life or a class of her majesty’s subjects”

57
Q

What was the ruling in Transco PLC v Stockport Metropolitan Borough Council [2004]

A

the HL decided in favour of the council as the water running through the pipes was normal and did not create any special hazard

58
Q

What are the requirements for Rylands v Fletcher

A

Something must be bought onto the land
which is likely to do mischief
if it escapes
must be a non-natural use of the land
the type of damage must be forseeable

59
Q

What was the ruling in Read v J Lyons & Co Ltd 1947

A

The rule from Rylands v Fletcher could not be applied as the tort occured on the defendant’s land and there was no escape

60
Q

What was the ruling in Cambridge Water Co Ltd v Eastern Counties Leather PLC [1994]

A

water was contaminated by chemicals from a tannery, storage of a large quantity of chemicals was defined as a classic case of a non-natural use of the land

61
Q

Which case established the idea of forseeable damage (in the context of Rylands v Fletcher)

A

Wagon Mound (No. 1)

62
Q

What are the steps for establishing a claim in negligence

A

D owed C a duty of care (DOC)
D breached DOC
Breach by D caused damage to C
Damage is not too remote

63
Q

Which case established the neighbour principle

A

Donoghue v Stevenson [1932]

64
Q

Which case gave way to the modern 3-stage test for negligence

A

Caparo v Dickman [1990]

65
Q

What is the 3 stage test established in Caparo v Dickman [1990]

A

Was the damage reasonably forseeable
was there a relationship of proximity between D&C
IS it fair, just and reasonable to establish a duty

66
Q

What is the test used to establish reasonable forseeability

A

Objective test (reasonable man)

67
Q

What are the three types of proximity when establishing a duty

A

Time, space and relationship

68
Q

which case established the rules for practicality of precautions in the context of imposing a standard of reasonableness

A

Latimer v AEC Ltd [1953]

69
Q

What was the ruling in Glasgow Corp. v Muir [1943]

A

Those who engage in operations inherently dangerous must take precautions which are not required of persons engaged in the ordinary routine of daily life

70
Q

what was the ruling in Bolton v Stone [1951]

A

The type of damage happened so infrequently that the damage was not reasonably forseeable

71
Q

What was the ruling in Mullins v Richards [1998]

A

Determined the duty is dependant on the age of the child, not the same for all children

Law (Year 1) (3 decks)

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