Tort Cases

Question 1

Duty of care test - case example

Answer 1

Donoghue v Stevenson - C and her friend went to a cafe and ordered drinks and ice cream. When she poured her beer over the ice cream a decomposed snail fell. Established the original duty of care test.

Question 2

Duty of care test - new test case example

Answer 2

Caparo v DIckman - C bought shared relying on accounts by Dickan that they made £1.3 million profit, when in reality they lost over £400k. No duty of care owed as no sufficient proximity between Caparo and the auditors

Question 3

Breach of duty of care test - case example

Answer 3

Blyth v Birmingham Water works - D installed pipes accordingly, however one day extremely cold temperatures caused the pipes to burst. Held there was no evidence suggesting breahc of duty of care

Question 4

Damage caused by breach - case example

Answer 4

The Wagon Mound - Ship leaked oil in Sydney Harbour which eld to a fire destroying the wharf and the boats. D was liable for full damage as it was foreseeable

Question 5

Pure economic loss - case example

Answer 5

Spartan Steel and Alloys v Martin - D neglifently cut off the electricity supply to C’s steel works. C suffered number of damages like loss of profits. D was only liable for loss of profits on steel works in melt at the time of the cut, not for future loss as damage was ‘too remote’

Question 6

Psychiatric injury - case example

Answer 6

Behren and Ors v Bertram mills circus - During circus performance a dog antagonised an elephant. Elephant stameded onto a nearby show and dwarfs were injured and suffered shock. Psychiatric injury failed as shock did not amount to psychiatric injury

Question 7

Psychiatric injury (primary victim) - case example

Answer 7

Page v Smith - C was in car crash due to D’s negligence, his chronic fatigue syndrome came back due to this and he was unable to work. Claim was successful as some physical injury was foreseeable

Question 8

Occupiers Liability 1957 (lawful visitor) - case example

Answer 8

Lowery v Walker - D owned a savage horse which he placed on a field to graze knowing the public used field as a short cut to the train station. Horse attacked C. D owed liability for C’s damages as licence was implied through common law.

Question 9

Occupier liability 1957 (dangers arising by independant contractors) - case example

Answer 9

Bottomley v Todmorden Cricket club - C injuried by fireworks display held on D’s land run by contractors. D was liable as he had failed to take reasonable steps to insure contractors were competent

Question 10

Occupiers liability 1984 - case example

Answer 10

Donogheue v Folkstone Properties - C was seriously injured when he chose to dive into the Folkstone harbour on boxing day during night time. D was not liable as it wouldn’t be reasonable to gaurd against divers at night

Question 11

Occupiers liability 1984 (standard of care) - case example

Answer 11

Ratcliff v McDonnell - C got drunk with friends and climbed over fence of a closed pool. C dived and broke his neck. C was not entitled to compensation as locks and warning were sufficient to prevent injury.

Question 12

Private nuisance (defendant does not need to own or occupy the land) - case example

Answer 12

Jones LTD v Portmouth City Council - 2 trees were growing out of control and their roots ran beneath the the D’s building. Reducing moisture and causing subsidence of property. Portsmouth City Council didn’t own the trees but they had control over them, so they were liable.

Question 13

Private nuisance (locality) - case example

Answer 13

Hirose Electrical v Peak Ingredients - Both parties operated business’ in busy industrial park. C complained of the smell of manufacturing ingredients. D wasn’t found to be a nuisance because of the locality of the area.

Question 14

Ryland V Fletcher - case details

Answer 14

Ryland v Fletcher - D constructed a reserviour on his land above disused mine. Water filtered through the ground and spread to the neighbouring mine causing damages. D strictly liable for the damage caused by a non-natural use of land.

Question 15

Vicarious liability (can a contractor be an employee) - case example

Answer 15

Cox v Ministry of justice - D was a kitchen worker in a prison, he dropped a heaving bag onto the C’s back causing injuries. D was liable as his actions were integral to D’s business.

Question 16

Vicarious liability (acting in course of emloyment) - case example

Answer 16

Mohamud v WV Morrisons supermarket plc - C went to ask worker a question at kiosk, he was verbally assaulted and physically assaulted when he left. Employee was acting in course of employement and therefore morrisons were liable.

Question 17

Contributory Negligence - case example

Answer 17

Revill v Newbery - D slept in his allotment with a shotgun as it was prone to break in’s. C broke into the allotment and got shot. Contributory negligence succeed and D’s damages were reduced by 2/3.

Question 18

Consent ‘Knowledge’ - case example

Answer 18

Morris v Murray - C got into an aircraft piloted by the friend. They had been drinking all day prior. The pilot suffered issues and crashed the plane, the pilot died but C suffered severe injuries. Defence of consent was allowed as court found the risk was so obvious he was seen as voluntarily accepting the risks

Question 19

Private nuisance defence ‘ordinary use of land’ - case example

Answer 19

Southwark London Borough Council v Mills - C’s were tenets of properties owened by D. They said soundproofing was insufficient as they could hear day to day activities. Held no nuisance as use of flats was reasonable.

Question 20

Private nuisance defence ‘statutory authority’ - case example

Answer 20

Allen v Gulf oil Refining LTD - D were constructing oil refinery. C brought action because of the smell and noise. Held there was no nuisance as contruction was ordered by act of parliament.

Question 21

Private nuisance defence ‘act of god and nuisance arising naturally’ - case example

Answer 21

Goldman v Hargrave - 100ft tree struck by lighting on D’s land. Morning after wood was still smouldering and caught fire. Held D was liable as he failed to eliminate risk.

Question 22

Defences to Rylands v Fletcher ‘act of strenger’ case example

Answer 22

Perry v Kendricks Transport Limited - D kept an old coach on a wasteland. C and his friend lit a match and put it into the petrol tank. C suffered injuries but D was not liable as the ‘escape’ was brought about by act of stranger.

Question 23

Defences to Rylands v Fletcher ‘Act of God’ - case example

Answer 23

Carstairs v Taylor - C stored rice on ground floor of warehouse. D used upstairs as a storehouse, a rat mauled through a gutter box causing water to leak and damage rice when it rained. D was not laible and rat’s actions and rain were seen as an act of God.

Question 24

Remedies ‘general damages’ - case example

Answer 24

Wise v Kaye - C left unconcious by the actions of the D and so became unaware of her surroundings. Held she could only claim for pain and suffering if aware of their injuries, so no claim possible for when she was unconscious.

Question 25

Remedies ‘injunction’ - case example

Answer 25

Miller v Jackson - Cricket club had been playing cricket for over 70 years on a piece of land. C bought a house and brought a claim of nuisance towards cricket club. Held that public interests outweighed the C’s interests, so court awarded damages for any destruction of property by cricket ball.