Tort Flashcards
Donoughe v Stevenson 1932
Snail in the bottle, handed to her by friend
Duty of care original test
Kent v Griffiths
A doctor called for an ambulance for a patient suffering asthma attack. Didn’t arrive quick enough
Harm was reasonably foreseeable, duty of care
Bourhill v young
Motorcyclist crashed into a car and is killed. mrs bouhil was standing 50 yards away, she suffered shock
Proximity was not close enough
McLaughlin v O’brien
A mother went to the hospital. She saw husband covers in blood and not cleaned and one her her children had died. She suffers shock
Proximity close enough relationship
Hill v chief constable of West Yorkshire
Yorkshire ripper killed claimants daughter. Police didn’t arrest killer even though they had enough evidence before it happened
Not just and reasonable, blanket immunity for police
Robinson v chief Constance of West Yorkshire (2018)
A 76 yr old woman was knocked over by a drug dealer in a police chase. Police then fell on her.
Blanket immunity
Blyth v Birmingham water works
Blyths house was flooded by a burst pipe. The water company did everything they were suppose too, when fitting
No breach of duty as they met standard of care
Nestle ship v Weston
Learning driver crashed on her third driving lesson and injured driving instructor.
The standard of driving should be that of a reasonably competent driver
Standard of care of learners
Bolam v friern hospital management committee
Patient was having electroshock therapy. No relaxant drugs given. C suffered serious fractures. If drugs were given small chance of death.
If d is an expert they are held to that of a standard competent doctor
Mullin v Richard’s
A 15 year old girl was having a sword fight with rulers with C in her classroom, one of the rulers snapped and a piece of plastic entered C eye causing permanent damage
A child is judged as someone of there own age
Bolton v stone
Cricket pitch, high fence, hit woman, ball almost never goes over fence
Size of risk
Haley v London electricity
A blind man was walking down the street, there were working men digging a hole, they went on a break and didn’t properly barricade the hole, the blind man fell and suffers a head injury and became deaf
D was in breach of duty as it was reasonable and foreseeable
Roe v minister of health
Two claimants had been given anaesthetic for minor operations, the anaesthetic had been contaminated with sterilising fluid. This resulted in both claimants becoming paralysed.
There was no breach of duty as the risk was unforeseeable and unknown at the time
Paris v Stepney borough council
The claimant only had sight in one eye due to an injury sustained in the war. While working a splinter went into his good eye making him blind. He was not provided safety goggles
Duty owed to that particular claimant but not for reasonable workers
Magnitude of likely harm
Latimer v AEC
The claimant worked in the defendants factory, it had been flooded, mopped signs put up and played sawdust. The claimant still slipped. The only way to prevent the risk was to close the factory.
Cost and practically of preventing risk
