Module 8 - Law Of Negligence Flashcards
Donoghue V Stevenson
Ginger beer given to friend and made sick
‘Neighbour principle’ foreseeable duty of care
Hedley Byrne ltd V Heller & Partners
Bank credit reference
Special relationship (for professionals) to take reasonable care, unless disclaimer
Home Office V Dorset Yacht Club
Young offenders steal boats and cause damage
Duty of care of by guards, in respect of 3rd party damage
Caparo Industries V Dickman
Takeover Bid, audit turned out to be incorrect
Duty of care owed to shareholders as a whole not individually
Hughes V Lord Advocate
Manhole left unattended and boy burnt
Reasonably foreseeable damage
Bourhill V Young
Motocycle crash blood causing miscarriage
Limited class of people to receive reasonably foreseeable damages
Hill V Chief Constable of West Yorkshire
Yorkshire ripper released and murdered again
Not fair, reasonable and just to damage police as may damage society as a whole
Scott V London & St’ Katherines Docks
Sugar bags fall out of window
Res Ipsa Loquiter - up to defendent to show not guilty
Wilsher V Essex Area Health Authority
Baby may have been made blind
‘But for’ test - loss regardless of defenders actions
McKew V Holland, Hannen & Cubitts
Left leg broken then right leg
Novus Actua Interveniens - liability if chain of events unbroken
The Wagin Mound
Ship refuelling leak causes fire
Remoteness of damage
ADT ltd V BDO Binder Hamlyn
Negligent Audit Work
Accountant/Auditor duty of care
Sayers V Harlow UDC
Cubicle Escape injury
Limited damages if claiment is attributable to negligence
Titchener V British Railways Board
Fencing
Volenti non fit injuria - both parties consent to risk
Kirby V National Coal Board
Miner goes for cig causes explosion
Damages during course of employment - vicarious liability
