Negligence (tort law)

Question 1

What is the donoghue v Stevenson case

Answer 1

Mrs Donoghue found a decomposed snail in her ginger beer, succsessfully
sued . Have to establish duty of care , beach and damages/ loss suffered

Question 2

Duty of care owed and what is the case and point of law

Answer 2

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

Question 3

What is an established legal principle

Answer 3

When there is already a case and point of law

Question 4

Caparo v dickman case

Answer 4

Three stage test for novel situation with no existing case of law. Foreseeability, proximity and fair just and reasonable

Question 5

What is the case for Forseeability

Answer 5

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

Question 6

Doughty v Turner manufacturers

Answer 6

Asbestos lid and molten liquid created new chemicals reaction it was unknown and not foreseeable

Question 7

What is the case for proximity

Answer 7

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

Question 8

Case for fair just and reasonable

Answer 8

Munroe v London fire brigade , emergency services will not be held liable for there omissions ( failure to act)

Question 9

Breach: what is the reasonable persons test

Answer 9

Blyth v Birmingham, introduced reasonable persons test and the objective standard test and be reasonably compatent at the task

Question 10

Nettleship v western

Answer 10

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 ‘

Question 11

What is the reasonable persons test

Answer 11

Reasonable persons test is an average level of competence and considered two factors, age and disability

Question 12

Mullins v Richard case

Answer 12

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

Question 13

Orchard v lee case

Answer 13

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

Question 14

What is Bolam v friern hospital committee case

Answer 14

Following standards layer down by a profesional body to a reasonable standard , used for profesional duties in contract

Question 15

What is Wells v Cooper case

Answer 15

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

Question 16

What are the four factors needed to see if conduct was reasonable

Answer 16

Likelihood , cost of precautions , potential seriousness, importance of activity

Question 17

What is the case for likelihood of injury

Answer 17

Bolton v Stone, cricket ball over a 17 foot fence, extremely rare so not liable

Question 18

What is the case for cost of precaution

Answer 18

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

Question 19

What is the case for potential seriousness

Answer 19

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

Question 20

Case for importance of activity

Answer 20

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

Question 21

What do you need for damage and loss suffered

Answer 21

Factual and legal causation

Question 22

What is the wagon mound case

Answer 22

Oil damage from a ship yard was foreseeable but the fire from the oil was not foreseeable, except in thin skull test

Question 23

What is the case of smith v leechbrain

Answer 23

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

Question 24

What is the case of Hughes v lord advocate

Answer 24

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)

Question 25

What case is repeated here for factual causation

Answer 25

Doughty v Turner manufacturing

Question 26

What is the first case for factual causation

Answer 26

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 )

Question 27

What is the case of Scott v shepard

Answer 27

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

Question 28

Medical negligence what is the first case for duty of care

Answer 28

Robinson v western Yorkshire police there should be an established legal principle that doctors owe patients a duty of care

Question 29

What is the case for breach for medical negligence

Answer 29

Nettleship v western, consider if the doctor has committed an omission that fell below standard of care of an ordinary doctor

Question 30

What is the case of wilsher v Essex area health authority

Answer 30

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

Question 31

What is the case of bolitho v city and Hackney health authority

Answer 31

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

Question 32

What is the case for damage in medical negligence

Answer 32

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

Question 33

General defences, what is contributory negligence

Answer 33

When the defendant is partly to blame and damages are reduced by a % does not end liability

Question 34

What is the case for sayers v Harlow DC

Answer 34

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

Question 35

What is the case of yachuk v Oliver

Answer 35

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

Question 36

What is volenti non fit injuria

Answer 36

Where a victim voluntarily consents to a risk results in no liability

Question 37

What is the case of Sylvester v chapman

Answer 37

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

Question 38

Haynes v harwood case

Answer 38

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

Question 39

What is the case of cutler v United daires

Answer 39

A horse bolted into the field , claimant was injured trying to catch it , no immediate volenti could apply owner of horse not liable

Question 40

What is the act of god in general defences

Answer 40

It is a severe unanticipated weather event

Question 41

What is the case Nichols v marshland

Answer 41

Defendants ornamental lakes flooded in a voilent thunderstorm and swept away four bridges , held not liable

Question 42

What is necessity in general defences

Answer 42

Being entitled to take an action to prevent great evil

Question 43

Cope v sharp what is the case

Answer 43

A fire broke out and the defendant destroyed some vegetation to stop the fire spreading, held not liable as his action was reasonable.

Question 44

What is an inevitable accident

Answer 44

Reasonable precautions taken by the Claimant but accident could not be prevented

Question 45

What is the case of Stanley v powel

Answer 45

A bullet ricocheted off a tree and shot a man precautions where taken and so they were held not liable