Negligence - Duty of Care Flashcards
What case established the Law of Negligence?
Donoghue V Stevenson
What are the facts of Donoghue V Stevenson?
C opened a ginger beer bottle from D’s company and it had a decomposing snail inside.
What did Lord Atkin say in Donoghue V Stevenson?
'’You must take care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.’’
The Neighbour Principle
Which case set the 3 part test for Duty of Care?
Caparo V Dickman
What are the facts of Caparo V Dickman?
C bought shares in Fidelity PLC not knowing they had lied about their profits.
What recent case made the Caparo test unnecessary in some circumstances?
Robinson V CC West Yorks Police
In which case was a police officer harmed when pursueing a stolen car?
What is the legal principle of this case?
Langley V Dray
Reasonably Foreseeable
What is the other case for Reasonably foreseeable in which a blind man fell down a hole?
Haley V London Electricity Board
What did the judge say in Muirhead V Industrial Tank Specialists?
D and C do not need to know each other
Space, time and relationship proximity test
What was the facts and outcome of Bourhill V Young?
D crashed his motorcycle and died. C (Pregnant) walked past the accident and went into shock. Her child was stillborn as a result. No D of C insufficient proximity
What is the legal principle of McFarlane V Tayside Health Board?
C became pregnant after her partners vasectomy failed. Claim denied it is not just and reasonable to award compensation for the birth of a healthy child
What happened in HiII V Chief Constable of South Yorkshire?
C was the mother of the Yorkshire Rippers final victim. Claimed police were responsible as they should have cuaght him quicker. Judge said Police cannot face a lawsuit for doing their jobs.
In which case did a man sue for slipping on ice?
Fernquest V Swansea CC
Not F,J and R as public should be aware of normal hazards
What happened in Watson V British Boxing Board?
C sued for proper medical treatment at ringside.
The objective test for ? was set out in Blyth?
Breach
What was established by Mullins V Richards?
Children are compared to a reasonable person of the same age.
What special standard is shown by Bolam?
Professional are compared to the accepted practices of their profession
What are the facts of Montgomery V Lanarkshire Health Board?
C sued Dr after her son was born with Cerebral Palsey
What special standard is set out in Wells V Cooper?
DIY
What was established in Nettleship V Weston?
Learner Drivers owe same Duty as qualified drivers
What can the case Bolton V Stone be used for?
Likelihood of injury
5/6 balls over 30yrs - lower chance lower duty
How is the case of Miller V Jackson different to Bolton V Stone?
Used for likely injuries
8/9 balls in a Season
Another case for unlikely is what?
Gray V Workington Golf Club
What is the case for seriousness?
Paris V Stepney BC
(Splinter of Metal went into C one good eye and he became blind)
Higher Seriousness = Higher Duty
What does the case of Latimer AGC show?
D has to take reasonable precautions if they are practical and not too expensive
What was decided in Palmer V Cornwall CC?
1 person could not supervide 300 children
Which case involving an ambulance in WWII shows a reduced Duty if there are potential benefits to society?
Daborn V Bath Tramways
In what case was C injured to to not secured equipment in the rush to save a life?
Watt V Hertfordshire CC
What happened in Cole V Davis-Gilbert?
C injured her leg in a non filled man-hole.
In which case was lack of guard rails the cause of death?
Cork V Kirby Maclean
In what case was the doctors failure to treat not the cause of death?
Barnett V Chelsea and Kensington Hospital
What principle is shown by Smith V Leech Brain?
Thin Skull
Burnt Lip - Cancerous Cells
What caused damage in Carslogie Steamship V Royal Norwiegan Gov
A Storm
What case can be used for remoteness?
The Wagon Mound
(Spilled Fuel mixed with cotton then set fire 2 days later.
