Negligence

Question 1

What was Atkins neighbour principle

Answer 1

It expanded the scope of DOC

Must avoid acts and omissions that could injure your neighbour

Consumer / manufacturer liability

Question 2

What case did Ann’s 2 stage test derive from?

Answer 2

Ann’s vs London borough of Merton

Question 3

What happens in Ann’s vs London borough of Merton

Answer 3

Reformulation of neighbour principle

Merton approved foundation for flats that wasn’t deep another

Lord wilberforce established 2 stage test for testing for DOC

Question 4

Ann’s 2 stages

Answer 4

1. Was claimant harm foreseeable?

2. Are there any policy reasons to deny DOC?

Question 5

What impact did Ann’s have

Answer 5

Floodgates

Rise in successful negligence claims

Very claimaint friendly

Question 6

Criticisms of Ann’s

Answer 6

First stage was too easily satisfied

Question 7

What year was home office vs Dorset yacht co?

Answer 7

1970

Question 8

What happened in HO v Dorset yacht co FACTS

Answer 8

Young offenders on a trip for rehab damaged a boat

Question 9

Court ruling in HO vs Dorset yacht co

Answer 9

liable

Lord Reid said Atkins neighbour principle was relevant and applies but needs qualification / refining in new circumstances