M05 Tort cases

Question 1

Remoteness of damage _ foreseeability _ loss not foreseeable so not liable

Answer 1

Privy Council In Overseas Tankship (Uk) Ltd V Mort_s Dock And Engineering Co. Ltd (1961), Often Cited As The Wagon Mound

Question 2

Strict liability escape of reservoir _ escape/non natural use of land

Answer 2

Rylands v Fletcher (1868)

Question 3

Neighbour Test you owe duty of care to your neighbour first negligence case

Answer 3

Donoghue v Stevenson (1932).

Question 4

Professionals liable for pure economic loss as a result of negligent misstatement

Answer 4

Hedley Byrne v Heller & Partners (1963)

Question 5

Primary victims

Answer 5

Page v Smith (1996).

Question 6

Secondary victims can not successfully claim for nervous shock through fear for safety of victims unless pass _closeness tests_

Answer 6

Alcock v Chief Constable Of South Yorkshire Police (1992)

Question 7

Hillsborough Rescuers_ who are not in any danger of physical injury themselves, are not _secondary_ victims. Only recover damages if they have a _close tie of love and affection_ with immediate victims

Answer 7

White v. Chief Constable of South Yorkshire Police (1999)

Question 8

Was not foreseeable that social worker could suffer nervous breakdown due to work first time they were sick but was when they became ill again after returning to the same duties

Answer 8

Walker v. Northumberland County Council (1995)

Question 9

Can not claim for pure economic loss in negligence _ cut cable

Answer 9

Spartan Steel And Alloys v Martin And Co. (Contractors) Ltd (1973)

Question 10

Eggshell skull

Answer 10

Smith v Leech Brain And Co. Ltd (1961).

Question 11

First case when occupiers held liable for injury to trespassers as knew they trespassed and knew dangerous and were children

Answer 11

British Railways Board v Herrington (1972)

Question 12

Words spoken cancelled out what would have been an assault

Answer 12

Tuberville v Savage (1669)