Negligence continued - problem scenarios for caparo

Question 1

Does law recognise omissions in tort?

Answer 1

Tort generally recognises misfeasance not non feasance. but will consider omissions in 5 possible circumstances

Question 2

Name 5 possible exceptions where a duty of care can arise from an omission

Answer 2

1. Positive duty imposed by statute - ie road traffic act 1988
2. A contractual duty
3. If the defendant has a high degree of control over claimant ( ie person in custody- reeves)
4. Where the defendant has actively assumed responsibility
5. Where the defendant created the risk in the first place

Question 3

Name a case of omission where a high degree of control by the defendant warranted a duty of care

Answer 3

Reeves v commissioner of police - police 👮‍♀️ have a duty to protect a prisoners health in custody - Reeves committed suicide and was known to be suicidal

Question 4

Name 2 cases where a duty of care for an omissions was found because the def had assumed responsibility for claimant

Answer 4

Costello v chief constable of Northumbria- police force owes doc to one of their officers when attacked by a prisoner

Barrett v ministry of defence - an officer assumed responsibility for a drunken collegue and he choked on own vomit

Question 5

Name a case of tort liability where the def created the risk?

How did this break with Alexandrou v Oxford?

Answer 5

Capital and Counties v Hampshire County Council -fire brigade has no general duty of care to positively respond to an emergency call, but have a Doc not to make the situation worse.

Question 6

What happened in Costello v chief constable if Northumbria? Why was there a duty?

Answer 6

Police officer attacked by a prisoner and fellow officer didn’t intervene.

Held - duty of care owed as police are responsible for the safety of employees

Question 7

What happened in Barret v ministry of defence?

Answer 7

Naval officer went in a binge . Fellow officer assumed responsibility for him. He choked on his vomit - officer held to have a duty of care as he assumed responsibility

Question 8

What happened in Capital and counties plc v Hampshire county council?

Answer 8

Fire brigade turned off the existing sprinkler system worsening the fire. Duty of care to act when they created the risk

Question 9

What case shows courts are reluctant to impose a duty of care for the wrongdoing of a third party?

Answer 9

Courts in general are reluctant to impose a duty where the wrong was committed by a 3rd part - ie Perl v Camden London borough council. Smith v Litlewood

Question 10

Name 5 exceptions where the Court will impose liability for acts of a 3rd party

Answer 10

1. Vicarious liability
2. Proximity- where a special relationship exists between claimant and def
3. Wheee there’s a special relationship between def and third party
4. where the def created the danger
5. Where the defendant is aware that a third party had caused a danger in their property

Question 11

Vicarious liability

Answer 11

Ie employer responsibility for acts of employee

Question 12

Proximity- special relationship

Answer 12

Courts consider all circumstances- doc found in Stansbie v Tronab ( decorator left front door open and stuff was stolen )

Question 13

What happened in Home office v Dorset yacht?

Answer 13

Borstal boys escaped and stole and damaged claimants yacht- held Borstal officers had a doc to prevent damage to boat club - reasonably foreseeable they would try to take boat as only way off the island.

Home office had a duty to prevent delinquency and damage to property. There was a sufficient relationship as Dorset Yacht club was the only foreseeable target for their escape

Question 14

Name 2 cases where no special relationship is found? why wasn’t their sufficient proximity?

Answer 14

Palmer v tees health authority - mental health team let a killer into the neighbourhood. He killed Palmers daughter, but he wasn’t under their control at the time and she wasn’t a known target

Hill v chief constable of West Yorkshire

Question 15

What is the significance of Osman v Ferguson? is it a fair , just and reasonable outcome?

Answer 15

Sufficient proximity was found between police and the victim- pupil shot and dad killed by an obsessed teacher. No liability for police on policy grounds

Question 16

Palmer v tees health authority

Answer 16

Mental patient let into community without adequate supervision stating he wanted to kill a child. Little girl was murdered.,

Held -no sufficient proximity following judgement in hill

Question 17

Hill v chief constable of West Yorkshire

Answer 17

Last victim of Peter sutcliffe’s mum sued police for failing to apprehend him

Held - h of l refused to impose a duty of care as there was insufficient proximity between the victim and the police- it could have been any woman

Question 18

Do Police enjoy blanket immunity from doc

Answer 18

Policy reasons do not always mean that duty of care will not be found

Question 19

What happened in Swinmey v chief constable of northumbrua?

How did policy work against the police?

Answer 19

Pub landlady was an informer concerning suspect who killed a police officer. Her file was stolen after being left negligent lay in a car . Police knew she would be directly at risk as a result. Therefore sufficient proximity …

Osman v Ferguson not applicable as courts didn’t want to deter informers

Question 20

Informer v a chief constable

Answer 20

Police owe a duty of care to claimants safety but not pure economic loss

Question 21

What case showed courts don’t want to force local authorities and police etc to act defensively ?

Answer 21

Mitchell v Glasgow city council ( local authority was held to be under no duty to inform mad tenant he was being evicted. Killed the man who was his neighbour and complained about him.)

LA knew the eviction might place the tenant at risk because of their previous relationship. Courts held policy prevailed and it would not be fair, just and reasonable to impose a duty

Question 22

What case shows a special relationship between def and third party

Answer 22

Home office c Dorset yacht company

Question 23

Carmarthenshire county council v Lewis

Answer 23

Local authority owed doc to driver who swerved to avoid a very young pupil who had wandered in the road

Question 24

Where cases involve the def creating the danger ?

Answer 24

Stansbie v Troman

Compared with

Top v London county bus

Question 25

What happened in Topp v London country bus

Answer 25

Driver left bus with keys in the ignition. joy riders hijacked the vehicle and injured the claimant. Bus company wasn’t held liable

Question 26

How do you apply a Doc to the police?

Answer 26

Apply the caparo test on a case by case basis

Question 27

In what case did the Supreme Court clarify police and other public bodies are not to be given blanket immunity from tortious principles

Answer 27

Robinson v chief constable of West Yorkshire

Question 28

How do Courts distinguish between operational and policy matters ?

Answer 28

Police can be held liable for operational failures but in case of policy matters such as investigations and prevention of crime

Question 29

Why was Hill v chief constable of West Yorkshire dismissed?

Answer 29

Dismissed on policy grounds as could lead to police acting defensively leading to a waste of resources and inefficient use of man power

Question 30

What was the case involving the friend of Stephen Lawrence who was there when he was killed in a racist attacked?Police treated him badly but no liability on policy Dewayne Brooks v commissioner of police for the metropolis

Answer 30

Dewayne Brooks v commissioner of police for the metropolis

Police treated him badly but no liability on policy grounds

Question 31

What happened in Leach v chief constable of Gloucester

Answer 31

Fred west’s appropriate adult suffered ptsd .

Held - police didn’t have a doc to warn her of the horrific nature of the case

Question 32

What happened in Swinney ?

Answer 32

Policy considered - should police owe duty to informants. Policy dictated they should to encourage people to come forward

Question 33

What happened in Smith v chief constable of Sussex police ? How does it relate to Osman v Ferguson?

Answer 33

Claimant was attacked by violent ex despite going to police .

Held - no doc based on reasoning of hill- lord bingham dissented on the liability principle but house didn’t agree

Question 34

What case shows Police have no duty to answer emergency calls

Answer 34

Alexandrou v Oxford

Question 35

What is the though of ECt HR

Answer 35

Issue of blanket immunity approached by Europe court of human rights Robinson case clarified police don’t have blan don’t have blanket immunity from civil liability Osman c 🇬🇧 They thought immunity given to police was disproportionate.

Question 36

Why is it difficult to establish a duty of care for public authorities

Answer 36

1. Justiciability ( whether a particular activity should be examined by the courts
2. Whether both foreseeability and priximity can be established

Question 37

What approach was taken in X v Bedfordshire city council

Answer 37

Child abuse cases - child abuse and special needs kids.

Held imposing duty could lead to negative defensive practice

Question 38

W v Essex court council

Answer 38

Court did reject policy in favour of claimants whose foster child sexually abused their kids. They asked specifically for a foster child who had no history of abusing other children

Question 39

Phelps v Hillingdon London borough

Answer 39

Doc owed by local authority who misdiagnosed claimants dyslexia as a child

Question 40

No blanket immunity to luc authorities

Answer 40

S. Gloucestershire it’s council- doc is owed to children in relation to child abuse

Question 41

Doctors and social workers now owe a doc in cases off suspected child abusers

Answer 41

Jd v east Berkshire community health nhs trust

Question 42

Cn v Poole

Answer 42

Jd held obsolescent- no duty owed by local authority making decisions as to whether care proceedings should become ced

Question 43

Is there a duty of care for soldiers in battle?

What case is relevant?

Answer 43

Mulcahy v ministry of defence

Question 44

Different if responsibility assumed

Answer 44

Barrett v mod

Jebskn c mod

Question 45

Courts should narrowly construe immunity to active combat and planning and preparing operations

Answer 45

Smith v MOD

Question 46

Why do rescuers require special consideratoin

Answer 46

Courts treat good Samaritans favourably

Question 47

What happened in Haynes v Harwood

Answer 47

def left horse and cart in st. kids threw rocks at it. it bolted and policeman was injured bringing it to a halt.

Question 48

howwas this different ro Cutler v United daries LTD

Answer 48

def tried to capture bolted horse that had come to rest in a field. Was injured, but the situation wasn’t an emergency and neither person nor property were at rsk

Question 49

Baker v TE Hopkins

Answer 49

doctor tried to rescue miners trapped in mine . Died of the poisonous fumes. C of A said he was owed a duty of care as it was reasonably foreseeable he would attempt a rescue