tort Flashcards
Blythe v Birmingham Waterworks (N)
Negligence is an act or omission which falls short of the standard expected of the reasonable man
Caparo v Dickman (N)
3 stage test for negligence:
Was the damage foreseeable?
Is there a sufficiently close relationship?
Is it fair, just and reasonable to impose a duty?
Kent v Griffiths (N)
The first test for negligence (foreseeable damage) - c had asthma attack and hospital did not send ambulance
Bourhill v Young (N)
Second test for negligence - hearing a crash is not a sufficiently close relationship
Mcloughlin v O’Brien (N)
‘Aftermath rule’ created for family embers and rescuers - family was in crash and saw them being operated on and was a sufficiently close relationship
Hill v Chief Constable of West Yorkshire (N)
Police don’t owe a duty of care to everyone in the public - too difficult to operate
Capital + counties plc v Hampshire County Council (N)
Duty of care owed to the public as they made the fire worse
UKSC4 (N)
Police can’t be sued for negligence however if a third party is injured due to negligence police are liable
Bolam (N)
Professionals will be judged by the standard of other professionals - if there is a substantial body of opinion within that profession that would support that course of action then he has not broken his duty
Montgomery v Lanarkshire Health Board (N)
Called Bolam ‘unsatisfactory’
Shouldn’t use defence that other doctors would have done it
Mullin v Richards (N)
Breach by children - judge at standard expected for someone of that age
Nettleship v Weston (N)
Learners judged at standard of experienced person
Roe v Minister of Health (N)
No breach if risk is unknown
Paris v Stepney Borough Council (N)
higher risk of losing sight if half blind
Bolton v Stone (N)
If risk is low duty of care discharged
Haley v London Electricity board (N)
if risk is high - standard expected is higher
Latimer v AEC (N)
Only reasonable precautions expected
Watt v Hertfordshire County Council (N)
Lower standard of care required in emergency
Barnett v Chelsea and kensington hospital (N)
factual causation test
The Wagon Mound (N)
Remoteness of damage - must be reasonably foreseeable
Hughes v lord Advocate (N)
D liable if type of injury was foreseeable
Bradford v Robinson Rentals (N)
Although rare injury - foreseeable some injury would happen
Doughty v Turner Asbestos (N)
Small splashes would be foreseeable but not level of injury that happened
Smith v leech Brain (N)
Eggshell skull - take victim as you find him