Rules and Theory of Tort law Flashcards

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1
Q

Boxing injury - poor care

Watson V British Boxing Board (2000)

A

D owed a duty of care as the necessary equipment to ensure the safety of boxers was missing

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2
Q

Murder victim family sued after the police didnt catch killer

Hill v Chief Constable of West Yorkshire (1990)

A

For public policy reasons, the police do not owe a duty to ordinary members of the public as it would result in defensive policing

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3
Q

Police failed to protect C as she had given evidence about a criminal.

Swinney v Chief constable of Northumbria (1999)

A

The police do owe a duty of care where they have accepted responsibility for the after of a specific person

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4
Q

Fire service turned off water letting a biuilding burn down

Capital and Counties PLC v Hampshire county council (1997)

A

The fire service owe a duty of care where they take negligent but positive action

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5
Q

Ambulance delay casuing severe injuries

Kent v Griffiths (2000)

A

Ambulance subject to a duty of care once they accepted a call

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6
Q

workmens negligence a cable was seveed stopping production

Spartan steel v Martin (1972)

A

A claim can be made for goods damadged but not for those when the factory was closed a this was ‘pure economic loss’

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7
Q

Mother suffered shock when she saw her injured family after an arguament

Mcloughlin v O’Brian (1982)

A

A claim for nervous shock could be made by a person who had

-close ties of love and affection to the victim
- and who saw the aftermath

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8
Q

Familtes of Hilsborough Disaster learning loved ones died in accident

Alcock v CCSY (1991)

A

A claim for nervous shock could be made by a person who had

-close ties of love and affection
-who saw aftermath/immediate aftermath
-suffered shock through UNAIDED SENES

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9
Q

Claims of nervous shock by police officers

White v CCSY (1999)

A

Rescuers could only claim if they feared for their own saftey

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10
Q

Due to learners negligence instructor was injured

Nettleship V Western (1971)

A

A learner is treated at the same standard of an experienced driver

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11
Q

A woman injured by a ball hit off the ground

Bolton v Stone (1951)

A

The cricket club had taken all nescesary precautions bearing in mind the risk and had not breached its duty of care

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12
Q

Firm sent workers back to work despite hazards post flood (sawdust)

Latimer v AEG (1952)

A

The owners had taken all nescesary precautions to make the factory safe taking into account the risk, and they had not breached their duty of care

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13
Q

Girl injured during play fight (ruler case)

Mullen v Richards (1998)

A

Children are to be treated as children and not as adults

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14
Q

Man blinded when not given propper PPE

Paris v Stepney (1951)

A

The claimant was particularly vulnerble and the employers should have provided him with extra protection

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15
Q

Fireman injured while responding ot an emergency

Watt v Hertfordshire County Council (1954)

A

Greater risks can be taken when dealing with emergencies

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16
Q

C injured while recieving ECT for mental illness

Bolam v Friem Barnet Hosptal Management Committee (1957)

A

There was no breach of duty from the Dr, who should be judged according to the standard of what others in the profession would have done.

17
Q

Cricket balls into garden

Miller v Jackson (1977)

A

The public gbenefit of the cricket ground outwweighed the disadvantage to the individuial householders