law of tort

Question 1

Donoghue v Stevenson

Answer 1

Snail in a bottle case. Developed the neighbour principle as the manufacturer had a duty of care owed to her.

Question 2

Caparo v Dickman

Answer 2

set up a three stage test for owing a duty of care. They decided that the defendant did not owe the claimant as duty of care as the accounts were prepared for fiedelity.

Question 3

Blyth v birmingham water works

Answer 3

B Alderson said negligence is failing to do what a reasonable person would have done or doing something a reasonable person wouldn’t have done.

Question 4

Kent v Griffiths (reasonable harm)

Answer 4

The action was reasonably foreseeable that the claimant would suffer further illness if the ambulance didn’t arrive promptly

Question 5

Bourhill v young (proximity of relationship

Answer 5

The pregnant women did not have a proximate relationship with the motorcyclist as couldn’t be anticipated

Question 6

Hill v Chief constable of west yorkshire

Answer 6

Serial killed had also had enough evidence to be convicted but the police failed to do so. There was a claim of duty of care however it wasn’t sufficient as didnt know who the next victim would be.

Question 7

Balm v barnet hospital committee (professionals judged by their standard )

Answer 7

Claimant was not told the risk of broken bones while receiving shocks. There were two opinions. Court decided that the hospital had not breached its duty of care

Question 8

Nettleship v Weston

Answer 8

Learner should be judged as a competent driver not at the standards of an inexperienced driver.

Question 9

Bolton v Stone

Answer 9

Only had happened 6 times in 30 years. It had been said that the cricket club had done everything they could.

Question 10

wagon mound

Answer 10

Oil had been negligently spilled from the defendants ship into water. Two days later the oil caught fire. The fire spread to the claimants wharf. Decided that the fire damage wasn’t reasonably foreseeable

Question 11

Scott v london and st katherine docks

Answer 11

res ipsa loquitur -> heavy sacks don’t fall unless someone was negligent

Question 12

Wheat v Lacon (occupiers liability)

Answer 12

rent out the room but had no ownership in the premises. A paying guest fell. House of Lords said both the manager and his employers could be occupiers.

Question 13

Laverton v Kiapasha takeaway

Answer 13

Small takeaway shop. Fitted slip resistance mats and mop shop when raining. Claimant slipped and broke her ankle . Court of appeal decided that the shop owner took reasonable precautions

Question 14

Jolley v Sutton

Answer 14

Council failed to move an abandoned boat. Children played on this. Boat fell on a boy injuring him. They were liable as it was seen as an allurement.

Question 15

Roles v Nathan

Answer 15

Chimney sweep died after inhaling carbon monoxide but had been warned of the danger. Should have been aware of this danger.

Question 16

Haseldine v Daw

Answer 16

Claimant killed when a lift plunged to the bottom of a shaft. Occupier wasn’t liable as was highly specialist work.

Question 17

Staples v District Council

Answer 17

danger of wet algae on a high wall should have been obvious and no further warning was required.

Question 18

Rae v Marrs

Answer 18

deep pit in a shed so a warning in itself was not sufficient.

Question 19

Ratcliff v McConnell

Answer 19

A 19 year old climbed a fence of an open aired swimming pool at night. He was seriously injured. court of appeal decided that the occupier was not required to warn them of the risk as is obvious.

Question 20

Herrington

Answer 20

6 year old boy badly burned when trespassed onto an electric railway line. Duty of common humanity which was a limited duty owed.

Question 21

Higgs v Foster

Answer 21

A police investigation when entering the occupiers premises to carry out surveillance. he fell ito an uncovered pit and was injured. He was judged as a trespasser. Could not anticipate his presence so were not liable.

Question 22

Westwood v post office

Answer 22

There was sufficient notice on an unlocked room which had a notice on it. Door should have been locked but were not liable as was a warning.