Revision Flashcards
Robinson v chief constable West Yorkshire
Police knock over woman chasing criminal. - established legal principle - owe doc
Blyth v Birmingham
Introduced reasonable person test - did action fall below reasonable person
Nettleship v Weston
Objective standard
Held to standard of others ( reasonably competent)
learner driver injured instructor while driving
Orchard v Lee
13 year old run into supervisor in playground
no breach
would have to be careless to very high degree
Have to consider factors such as
- Degree of risk involved
- Cost of precautions
- Seriousness of injury
- Importance of activity
Bolton v Stone
Bolton v Stone - Cricket ball, over 17ft fence 6 times in 30 years - not liable
Latimer v AEC
- could not shut as cost would be huge even tho potentially dangerous
Paris v Stepney
- 1 eyed workman requested goggles lost sight in other eye - lisble - seriousness of injury
Watt v Hertfordshire
- Fireman injured by heavy jack not secure but was an emergency no breach
What does damage suffered require?
Legal causation (remoteness)
Factual (but for)
Wagon mound
oil damage foreseeable but fire damage was not
Caparo v Dickman
3 stage test
Foreseeability
Proximity
Fair, just and reasonable
Kent v Griffiths
ambulance didn’t respond promptly person died - liable as foreseeable
Doughty v Turner
Asbestos lid - molten liquid :
New chemical reaction, not foreseeable
Bourhill v young
pregnant woman had miscarriage after watching bus accident
not liable not close in time or space
MUNROE V LONDON FIRE BRIGADE
Prevent floodgates.
- emergency services will not be held liable for omissions only acts
Fair just and reasonable
Donoghue v Stevenson
Found snail in beer - established 3 points for negligence
What are the 3 points needed for negligence
Duty of care owed
Breach of duty of care
Damage suffered
Wells v Cooper
Standard of care only that of reasonably skilled professional
- carpenter ,handle fell off, someone injured but average work - not liable
Bolam v Freirn
Medical professionals higher standard
- followed standard laid down by professional body to competent standard - not liable
