Negligence (tort law) Flashcards
What is the donoghue v Stevenson case
Mrs Donoghue found a decomposed snail in her ginger beer, succsessfully
sued . Have to establish duty of care , beach and damages/ loss suffered
Duty of care owed and what is the case and point of law
Robinson v chief constable of West Yorkshire police , two police offers knocked over a 78 year old during a drug race , held there was an established legal principle And didn’t need to prove duty of care
What is an established legal principle
When there is already a case and point of law
Caparo v dickman case
Three stage test for novel situation with no existing case of law. Foreseeability, proximity and fair just and reasonable
What is the case for Forseeability
Kent v griffiths , ambulance failed to respond to a women three times, lost consciousness and had a miscarriage, held foreseeable that delay would cause this
Doughty v Turner manufacturers
Asbestos lid and molten liquid created new chemicals reaction it was unknown and not foreseeable
What is the case for proximity
Bourhill v young , Mrs bourhill pregnant on a bus and witnessed a motorbike crash and suffered a miscarriage , tried to sue but failed as it was not proximate in time and space
Case for fair just and reasonable
Munroe v London fire brigade , emergency services will not be held liable for there omissions ( failure to act)
Breach: what is the reasonable persons test
Blyth v Birmingham, introduced reasonable persons test and the objective standard test and be reasonably compatent at the task
Nettleship v western
Learner drivers third lesson, broke instructors kneecap and wasn’t up to qualified drivers , was measured against qualified drivers, failed reasonable persons test. Judge said ‘ may be doing his best but his incompetence was not good enough ‘
What is the reasonable persons test
Reasonable persons test is an average level of competence and considered two factors, age and disability
Mullins v Richard case
Two 15 year old girls ruler fight , claimant lost an eye defendant not liable as not shown the average of care for an average 15 year old
Orchard v lee case
Lunch lady was injured by a child when the child ran into the,, child was not held liable as court looked at age and would have to be extremely careless to be liable, no breach
What is Bolam v friern hospital committee case
Following standards layer down by a profesional body to a reasonable standard , used for profesional duties in contract
What is Wells v Cooper case
Standard of care imposed form a reasonable person at whatever activity there doing , shown average competence and followed rules ? Eg carpenter fixed door but was injured , held not liable
What are the four factors needed to see if conduct was reasonable
Likelihood , cost of precautions , potential seriousness, importance of activity
What is the case for likelihood of injury
Bolton v Stone, cricket ball over a 17 foot fence, extremely rare so not liable
What is the case for cost of precaution
Latimer v AEC , company flooded but it was too expensive to shut , took lots of precautions but claimant slipped , company was not liable as they took precautions
What is the case for potential seriousness
Paris v Stepney , claimant lost only remaining eye even though he requested goggles but company refused , company held liable as it was extremity serious and where in breach
Case for importance of activity
Watt v Hertfordshire , a fireman was injured by a heavy jack, as it was an emergency there was no breach as it was an important activity
What do you need for damage and loss suffered
Factual and legal causation
What is the wagon mound case
Oil damage from a ship yard was foreseeable but the fire from the oil was not foreseeable, except in thin skull test
What is the case of smith v leechbrain
Claimants husband was slashed with molten metal on the lip starting a dormant cancer and died, company was held liable even though the cancer was not foreseeable consequence
What is the case of Hughes v lord advocate
Two boys went down an open manhole with a paraffin lamp, there was an explosion which was foreseeable ,judge said explosion was not foreseeable but the boys being burnt was( can be used in duty of care owed)
What case is repeated here for factual causation
Doughty v Turner manufacturing
What is the first case for factual causation
Barnett v Chelsea hospital management committee, husband was vomiting and after seeing GP died from arsenic poisoning, hospital owed him a duty of care but he would have died anyway do the hospital was not held liable for his death ( but for test )
What is the case of Scott v shepard
Defendant threw a firework into a market and stall holders threw it from person to person until it exploded, each action was foreseeable so it wouldn’t break the chain of causation so defendant was liable
Medical negligence what is the first case for duty of care
Robinson v western Yorkshire police there should be an established legal principle that doctors owe patients a duty of care
What is the case for breach for medical negligence
Nettleship v western, consider if the doctor has committed an omission that fell below standard of care of an ordinary doctor
What is the case of wilsher v Essex area health authority
No allowance is made in respect to an inexperienced doctor , a lack of experience from a junior doctor is not taken into account , not an exscuse
What is the case of bolitho v city and Hackney health authority
Accepted bolam as a good law, a doctor could be held liable if an old practise in the uk was used but if doing a new technique which was approved would not be liable
What is the case for damage in medical negligence
Bailey v MOD and Portsmouth NHS trust, claimant was treated at an MOD hospital then transferred to NHS here she suffered a heart attack, poor treatment at MOD had materially weakened her and mod hospital held liable
General defences, what is contributory negligence
When the defendant is partly to blame and damages are reduced by a % does not end liability
What is the case for sayers v Harlow DC
defendant got locked in a bathroom and tried climbing out a window but fell and was seriously injured, she was 25% to blame for her injuries as she could have waited. contributory negligence
What is the case of yachuk v Oliver
A 9 year old boy bought some gasoline for fireworks and burnt himself, company was negligent and tried to sue for contributory negligence but defence failed because of his age
What is volenti non fit injuria
Where a victim voluntarily consents to a risk results in no liability
What is the case of Sylvester v chapman
A man dropped his cigarette into a leopard cage and there was no immediate threat and hey jumped in the cage to put it out, he was mauled by the leopard, he consented to the danger
Haynes v harwood case
Horses bolted down the street, an off duty police officer stopped them but got injured, he pleaded volenti but failed as it was his moral duty, no consent as he has no choice
What is the case of cutler v United daires
A horse bolted into the field , claimant was injured trying to catch it , no immediate volenti could apply owner of horse not liable
What is the act of god in general defences
It is a severe unanticipated weather event
What is the case Nichols v marshland
Defendants ornamental lakes flooded in a voilent thunderstorm and swept away four bridges , held not liable
What is necessity in general defences
Being entitled to take an action to prevent great evil
Cope v sharp what is the case
A fire broke out and the defendant destroyed some vegetation to stop the fire spreading, held not liable as his action was reasonable.
What is an inevitable accident
Reasonable precautions taken by the Claimant but accident could not be prevented
What is the case of Stanley v powel
A bullet ricocheted off a tree and shot a man precautions where taken and so they were held not liable
