Liability In Negligence

Question 1

Donoghue v stevenson

Answer 1

Snail in a bottle.
Ratio: You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who, then in law is to neighbour? The answer is the person who seems to be persons who are so closely and directly affected by my act.- lord atkin.

Question 2

Caparo industries plc v dickman

Answer 2

3 points:
Reasonable foresight of harm
Sufficent proximity of relationship
That it is fair, just and reasonable to impose a duty.

Question 3

Robinson

Answer 3

Fair, just and reasonable

Question 4

Blyth v Birmingham waterworks

Answer 4

D installed water plug, after 25 years it caused an incident.
Ratio: as long as you do the best you can do.
Breach of duty

Question 5

Bolam

Answer 5

Doing experiments by putting electro-convulsive therapy through his body.
1- not giving relaxants
2- not restraining him
3- not warning him about the risks involved

Question 6

Montogomery v Lanarkshire health board

Answer 6

If they are treating a patient you must provide them with all necessary information.

Question 7

Mullins v Richards

Answer 7

Two 15 year olds fencing with plastic rulers, one snapped and fragments flew into one of the girls eyes, resulting in loss of eye sight.
Ratio: 15 year old would not recognise the risk.

Question 8

Bowles v evans

Answer 8

Rugby player injured due to the decision made by a referee.

Ratio: depending on how well trained the referee is, depends on how they are judged.

Question 9

Paris v stephney

Answer 9

Claimant had eye injury which he sustained in the war.

Ratio: special characteristics

Question 10

Bolton v stone

Answer 10

Struck by cricket ball while outside her home.

Ratio: they had taken necessary procaustion and the risk was small.

Question 11

Haley v London electricity board

Answer 11

Dug trench, blind man fell in.

Ratio: putting up a barricade would mean there was no risk.

Question 12

Latimer v aec ltd

Answer 12

Claimant worked in Ds factory and slipped on the floor, there had previously been a storm.
Ratio: no breach of duty

Question 13

Roe v minister of health- risk factor

Answer 13

2 claimants given anasthetic for minor operation, but it was contaminated with sterilising fluid. Both claimants were paralysed. It was known it could have been contaminated.
Ratio: Risk was not foreseeable

Question 14

Watt v heartfordshire- public benefit risk

Answer 14

Claimant was a fireman. In route to an accident, jack fell on claimants leg.
Ratio: no breach of duty

Question 15

Day v high performance

Answer 15

Claimant fell whilst climbing indoors. Manager rescued her inappropriately causing her to fall.
Ratio: Manager had done all he could to save her.

Question 16

Barnett v Chelsea and kensington hospital management committee - factual causation

Answer 16

Went to hospital complaining about stomach pains, he was seen by a nurse who phoned a on duty doctor. They sent him home and he later died of arsenic poison.
Ratio: But for the actions would the claimant still have died

Question 17

Wagon mound- legal causation

Answer 17

Ds vessel leaked furnace oil a wharf Sydney harbour. The weak ding ignited a fire which spread to a near by building.
Ratio: not reasonably foreseeable that the damages would occur.

Question 18

Hughes v lord advocate

Answer 18

Post office workers left an open manhole cover. 2 children caused an explosion which burned one of the children.
Ratio: duty was owed and it was foreseeable a child may be injured

Question 19

Bradford v Robinson rentals

Answer 19

Van driven without heating

Ratio: employers were responsible for the frostbite and some injury was RF

Question 20

Doughty v Turner asbestos

Answer 20

Asbestos falls in molten metal which led to chemical reaction, which caused a splash and burn.
Ratio: it was not RF

Question 21

Smith v leech brain and co

Answer 21

Burn caused vs pre cancerous cells to become cancerous.
Ratio:!Ds liable when they caused cause pre cancerous condition to become cancerous. Subsequently liable for death as the burn were RF