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Law - Law of Tort > Negligence - Duty of Care > Flashcards

Negligence - Duty of Care Flashcards

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1
Q

What case established the Law of Negligence?

A

Donoghue V Stevenson

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2
Q

What are the facts of Donoghue V Stevenson?

A

C opened a ginger beer bottle from D’s company and it had a decomposing snail inside.

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3
Q

What did Lord Atkin say in Donoghue V Stevenson?

A

'’You must take care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.’’
The Neighbour Principle

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4
Q

Which case set the 3 part test for Duty of Care?

A

Caparo V Dickman

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5
Q

What are the facts of Caparo V Dickman?

A

C bought shares in Fidelity PLC not knowing they had lied about their profits.

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6
Q

What recent case made the Caparo test unnecessary in some circumstances?

A

Robinson V CC West Yorks Police

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7
Q

In which case was a police officer harmed when pursueing a stolen car?
What is the legal principle of this case?

A

Langley V Dray

Reasonably Foreseeable

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8
Q

What is the other case for Reasonably foreseeable in which a blind man fell down a hole?

A

Haley V London Electricity Board

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9
Q

What did the judge say in Muirhead V Industrial Tank Specialists?

A

D and C do not need to know each other

Space, time and relationship proximity test

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10
Q

What was the facts and outcome of Bourhill V Young?

A

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

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11
Q

What is the legal principle of McFarlane V Tayside Health Board?

A

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

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12
Q

What happened in HiII V Chief Constable of South Yorkshire?

A

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.

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13
Q

In which case did a man sue for slipping on ice?

A

Fernquest V Swansea CC

Not F,J and R as public should be aware of normal hazards

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14
Q

What happened in Watson V British Boxing Board?

A

C sued for proper medical treatment at ringside.

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15
Q

The objective test for ? was set out in Blyth?

A

Breach

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16
Q

What was established by Mullins V Richards?

A

Children are compared to a reasonable person of the same age.

17
Q

What special standard is shown by Bolam?

A

Professional are compared to the accepted practices of their profession

18
Q

What are the facts of Montgomery V Lanarkshire Health Board?

A

C sued Dr after her son was born with Cerebral Palsey

19
Q

What special standard is set out in Wells V Cooper?

A

DIY

20
Q

What was established in Nettleship V Weston?

A

Learner Drivers owe same Duty as qualified drivers

21
Q

What can the case Bolton V Stone be used for?

A

Likelihood of injury

5/6 balls over 30yrs - lower chance lower duty

22
Q

How is the case of Miller V Jackson different to Bolton V Stone?

A

Used for likely injuries

8/9 balls in a Season

23
Q

Another case for unlikely is what?

A

Gray V Workington Golf Club

24
Q

What is the case for seriousness?

A

Paris V Stepney BC
(Splinter of Metal went into C one good eye and he became blind)
Higher Seriousness = Higher Duty

25
Q

What does the case of Latimer AGC show?

A

D has to take reasonable precautions if they are practical and not too expensive

26
Q

What was decided in Palmer V Cornwall CC?

A

1 person could not supervide 300 children

27
Q

Which case involving an ambulance in WWII shows a reduced Duty if there are potential benefits to society?

A

Daborn V Bath Tramways

28
Q

In what case was C injured to to not secured equipment in the rush to save a life?

A

Watt V Hertfordshire CC

29
Q

What happened in Cole V Davis-Gilbert?

A

C injured her leg in a non filled man-hole.

30
Q

In which case was lack of guard rails the cause of death?

A

Cork V Kirby Maclean

31
Q

In what case was the doctors failure to treat not the cause of death?

A

Barnett V Chelsea and Kensington Hospital

32
Q

What principle is shown by Smith V Leech Brain?

A

Thin Skull

Burnt Lip - Cancerous Cells

33
Q

What caused damage in Carslogie Steamship V Royal Norwiegan Gov

A

A Storm

34
Q

What case can be used for remoteness?

A

The Wagon Mound

(Spilled Fuel mixed with cotton then set fire 2 days later.

Law - Law of Tort (9 decks)

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