Tort Cases

Question 1

It is reasonably foreseeable that D’s act or omission would injure the claimant

Answer 1

Kent v Griffiths

Question 2

Is there a closeness in space and time or relationship between C and D

Answer 2

Bourhill v Young

Question 3

Is it fair, just and reasonable to impose a duty

Answer 3

Hill v CC of West Yorkshire Police

Question 4

Reasonable man test

Answer 4

Blyth v Birmingham Waterworks

Question 5

Being a learner is an individual characteristic and will not be considered

Answer 5

Nettleship v Weston

Question 6

Being a junior is an individual characteristic and will not be considered

Answer 6

Wilsher v Essex Health Authority

Question 7

D will be compared to competent members of the same profession

Answer 7

Bolam v Friern Hospital Management
Bolitho City v Hackney Health Authority

Question 8

Children are judges by the standard of a reasonable child of the same age

Answer 8

Mullin v Richards

Question 9

If there is a likelihood of injury, then standard of care must increase

Answer 9

Bolton v Stone
Hilder v Associated Portland Cement

Question 10

If there is a risk of serious injury the standard of care must increase

Answer 10

Paris v Stepney Borough Council

Question 11

If D was acting out of social utility the standard of care lowers

Answer 11

Watt v HCC

Question 12

If D has to go above and beyond what the reasonable man would do, then the standard of care lowers

Answer 12

Latimer v AEC Ltd

Question 13

But for test

Answer 13

Barnett v Chelsea and Kensington Hospital Management Committee

Question 14

Intervening acts can break the chain of causation if they were unforeseeable

Answer 14

Scott v Sheperd

Question 15

C must prove that D actually caused the damage or materially contributed to the damage

Answer 15

Wilsher v Essex Health Authority

Question 16

The type of damage can’t be too remote, it must be foreseeable

Answer 16

Bradford v Robinson Rentals

Question 17

The type of damage can’t be too remote, it must be foreseeable

Answer 17

Wagon Mound No.1

Question 18

Doesn’t matter how the damage happened as long as the type of damage was foreseeable

Answer 18

Hughes v Lord Advocate

Question 19

Thin skull rule - D must take V as they find them

Answer 19

Smith v Leech Brain and Co

Question 20

An occupier is someone who has a sufficient degree of control over the premises as to allow or prevent people from entering

Answer 20

Wheat v Lacon
Harris v Birkenhead Corporation

Question 21

Licensees are people invited by implication into the persons premises

Answer 21

Robson v Hallett

Question 22

Having an allurement on premises likely to attract amounts to giving a child implied permission to enter

Answer 22

Cooke v Midland and Great Western Railway of Ireland

Question 23

A ladder can be a premises

Answer 23

Wheeler v Copas

Question 24

D is only expected to guard against the foreseeable

Answer 24

Horton v Jackson

Question 25

Occupiers must expect children to be less careful so the standard of care is higher than that of an adult

Answer 25

Glasgow Corporation v Taylor

Question 26

Occupier is entitled to assume a very young child will be supervised by an adult and he would do his duty by giving warning suitable for an adult

Answer 26

Phipps v Rochester Corp

Question 27

Occupier will not be liable where tradesmen fail to guard against risks ordinarily incident to their activity

Answer 27

Roles v Nathan

Question 28

Occupier will not be liable if it was reasonable to entrust the work to a contractor and the occupier took reasonable steps to ensure that the contractor was competent and did the work properly

Answer 28

Haseldine v Daw