Negligence

Question 1

What are the 4 main features for a defence?

Answer 1

D showed a duty of care
D breached that duty
C suffered damage as a result of that break
The damage suffered was not too remote

Question 2

Kent v Griffiths

Answer 2

Facts - Claimant having asthma attack. Ambulance was late and claimant suffered a respiratory arrest
Ratio - There was damage and the proximity was reasonable

Question 3

Bourhill v Young

Answer 3

Facts - Gives birth to stillborn after seeing an accident. Sues victims family
Ratio - Insufficient proximity

Question 4

McLoughlin v O’Brien

Answer 4

Husband and children in car accident. 1 child died. Didn’t know they were dead
Ratio - Was sufficient proximity

Question 5

Hill v Chief Constable of West Yorkshire

Answer 5

Facts - Last victim of the Yorkshire ripper

Question 6

Blyth v Birmingham Waterworks

Answer 6

Facts - Hydrant near claimants house developed a leak. Exceedingly cold temperatures and water damage caused to the house
Ratio - No evidence was entered showing any acts or failures to act on the part of D’s such as could comprise negligence

Question 7

Bolam

Answer 7

Facts - Doctors failed to provide any muscle relaxants. The claimant suffered dislocation of both hip joints
Ratio - Other doctors would have acted in the same way

Question 8

Montgomery v Lanarkshire

Answer 8

Facts - Delivers son vaginally when warned there could be complications. Son suffers from cerebral palsy. She sued for negligence

The Montgomery case firmly rejected the application of Bolam to consent, establishing a duty of care to warn of material risks

Question 9

Nettleship v Weston

Answer 9

Facts - Learner driver hit lamppost injuring the instructor

Ratio - Standard of care expected would not be lowered for learners

Question 10

Wilsher v Essex Area Health Authority

Answer 10

Facts - Premature baby given too much oxygen by a junior doctor
Ratio - A junior doctor owes the same standard of care as a qualified doctor

Question 11

Mullins v Richards

Answer 11

Facts - Two 15 year old girls play fighting with plastic rulers. One ruler snapped and went into the eye causing blindness
Ratio - Girl was only expected to meet the standard of a reasonable 15 year old school girl. Found not in breach of duty

Question 12

Vowles v Evans

Answer 12

Facts - Claimant suffered a dislocation of the neck while in the middle of a scrum
Ratio - It was fair, just and reasonable to impose a duty of care on the Referee of an Adult Amateur Rugby match

Question 13

Paris v Stepney

Answer 13

Facts - Claimant only had sight in one eye. Not given protective eye wear for his working eye. Splinter went in eye causing complete blindness
Ratio - Employer should have provided goggles as he was at more risk

Question 14

Bolton v Stone

Answer 14

Facts - Struck by cricket ball outside home. There was 17 foot of fencing. Members said the hit was exceptional to anything else previously seen
Ratio - The likelihood of harm was low the defendant had taken all practical precautions in the circumstances

Question 15

Haley v London Electricity Board

Answer 15

Facts - Blind person falls in trench. There was nothing blocking out the trench
Ratio - It was foreseeable that a blind person might walk down the street and they should be given appropriate protection

Question 16

Latimer v AEC ltd

Answer 16

Facts - Factory was flooded. Warning signs put up

Ratio - There was no duty to close the factory

Question 17

Roe v Minister of Health

Answer 17

Facts - Claimants given anaesthetic. Anaesthetic had been contaminated with a sterilising fluid
Ratio - The risk was not foreseeable as it was an unknown risk at the time

Question 18

Watt v Hertfordshire County Council

Answer 18

Facts - Woman had been involved in a traffic accident. Fire services were called. Jack fell onto claimants leg
Ratio - The emergency of the situation and utility of D’s conduct in saving a life

Question 19

Day v High Performance

Answer 19

Facts - Claimant fell whilst on an indoor climbing wall. Falls 30ft from ground
Ratio - Risk would’ve been greater had she been left on climbing wall

Question 20

Barnett v Chelsea and Kensington Hospital Management Committee

Answer 20

Facts - Severe stomach pains and vomiting. Nurse phoned doctor on duty. Doctor sent them home. They died from arsenic poisoning
Ratio - Hospital was not liable as the doctors failure to examine the patient did not cause his death

Question 21

The Wagon Mound

Answer 21

Facts - Leaked furnace oil, sparks from some welding works ignited the oil. Fire spread rapidly causing destruction
Ratio - It is too remote to foresee from the original negligent act

Question 22

Hughes v Lord Advocate

Answer 22

Facts - Kids explored hole. Knocked over lamp causing a fire which then injured one of the kids
Ratio - The courts stated that a duty was owed and it was foreseeable a child may be injured and explored the hole

Question 23

Bradford V Robinson Rentals

Answer 23

Facts - Van driven without heating

Ratio - The employers were responsible for the frostbite to the C as some injury from the cold was RF

Question 24

Doughty v Turner Asbestos

Answer 24

Facts - Asbestos lid falls into molten metal which led to a chemical reaction. Subsequently caused C to be splashed and burnt
Ratio - It was not RF that the reaction and therefore they weren’t liable

Question 25

Smith v Leech Brain

Answer 25

Facts - D caused C’s pre-cancerous condition to become cancerous
Ratio - Liable for death as the burn was RF