Duty of Care, Defences Flashcards
What is the presumption of a duty of care in Donoghue v Stevenson?
There is a presumption of a duty of care for positive acts causing physical injury or property damage to a neighbour.
What principle did Atkin establish in Donoghue v Stevenson?
Atkin established the neighbour principle, which is based on Christian belief.
What was McMillan’s view on the categories for negligence in Donoghue v Stevenson?
McMillan believed that the categories for negligence are never closed and should adapt to current circumstances.
What was Buckmaster’s dissenting opinion in Donoghue v Stevenson?
Buckmaster emphasized strict legal precedent and concerns about floodgates.
What is the significance of Caparo Industries plc v Dickman?
It established a three-part test for duty of care: foreseeability, proximity, and whether it is fair, just, and reasonable.
What was the outcome in Haley v London Electricity Board regarding foreseeability?
The court found it was reasonably foreseeable that a blind person could fall into an excavated trench.
What was the ruling in Sutradhar v Natural Environment Research Council regarding proximity?
The court ruled that there was no duty to test for arsenic in drinking water due to insufficient proximity.
What public policy considerations were highlighted in The Nicholas H?
Imposing a duty would discourage public bodies from operating, which is not in society’s best interests. Defensive behaviour.
What was the ruling in Dryden & Ors v Johnson Matthey PLC regarding personal injury?
The Supreme Court expanded precedent, classifying asymptomatic illness as personal injury.
What principle did Robinson v Chief Constable of West Yorkshire Police clarify?
Incrementalism
What was the Supreme Court’s decision in Darnley v Croydon Health Services NHS Trust?
The court ruled that hospital receptionists have a duty to take reasonable care towards patients.
What is the general rule regarding liability for pure omissions?
There is no liability for pure omissions as established in Smith v Littlewoods Corporation.
What was the outcome in Stovin v Wise regarding local authority liability?
The local authority was found not liable for failing to remove a dangerous obstruction. (pure omission and no assumption of responsibility)
What was the ruling in Michael v Chief Constable of South Wales Police?
The police were not liable as they did not assume responsibility. They said they would transfer call to south wales police, and did not mark it as an emergency, even though C dialed 911. Their only responsibility was to transfer the call, not to take care of claimants.
What did N v Poole Borough Council determine about assumption of responsibility?
Merely taking on a task for a claimant does not create an assumption of responsibility. It is defined as an express or implied undertaking that reasonable care would be taken.
What is the exception for created risk in duty of care?
In Sumner v Colborne, there is a duty to mitigate risks created.
What was the outcome in Tindall v CC Thames Valley Police?
The police were not held liable, but they made a situation worse without assuming responsibility. Interference principle, however police were unaware of the measures taken by Tindall prior to their arrival, so they were not liable.
What did Kent v Griffiths establish about assumption of responsibility?
Assurance created reliance, misleading the claimant about the ambulance’s arrival.
What was the ruling in Home Office v Dorset Yacht regarding control over third parties?
The Home Office was found liable for failing to prevent young offenders from escaping.
What is the principle and case for voluntary acceptance of risk?
Volenti non fit injuria means no wrong is done to one who consents, as seen in Morris v Murray (drunk pilot case).
What are the requirements for Volenti under Morris v Murray?
1) knowledge and appreciation of risk
2) Voluntary acceptance of risk
also: Drunkenness Does Not Negate Consent
What factors did Lord Toulson outline in Patel v Mirza regarding illegality?
1) the underlying purpose of the prohibition which has been transgressed;
2) any other relevant public policies which may be rendered ineffective or less effective by denial of the claim; and
3) the possibility of overkill unless the law is applied with a due sense of proportionality.
What was the ruling in Henderson v Dorset Healthcare University NHS Foundation Trust?
The illegality defense was applied to prevent a criminal wrongdoer from profiting from their crime. Schizophrenic patient under hospital care stabbed their mother.
What does the Law Reform (Contributory Negligence) Act 1945 state?
It allows for damage recovery to be reduced based on the claimant’s share in the responsibility for the damage.
