Tort Exam - Revision Flashcards
What claim am I advising Henry on
If the manufacturer owes duty of care
1) What did the manufacturer in question make?
2) How was this shipped
3) What happened when Henry took the plates out of the box
4) what injury did this lead to
1) Dinners sets
2) in a cardboard box and bubble wrap
3) they shattered
4) cuts to Henry
A) What is the 3 part test for duty of care?
B) What case set this out?
A)
- Was it reasonably foreseeable
- Was there a relationship of proximity
- Is it fair and reasonable to recognise duty
B) Caparo Industries v Dickman
1) What is Mr West looking to sue Henry for?
2) What route is he potentially going down?
1) Loud Noise
2) Private Nuisance
A) What are the two kinds of damage which can lead to action in private nuisance
B) Which will Mr West claim under
1) Actual Damage
2) Interference with amenity
B) Interference with amenity
1) Who can sue under private nuisance
2) Does Mr West fit into this criteria
3) which case solidified this
1) Anyone with an “interest in the land”
2) Yes
3) Hunter v Canary Wharf Ltd [1996]
Define Private Nuisance
“Any unlawful interference with a person’s use or enjoyment of land or some right over it”
1) What is the question to determine private nuisance?
2) what quote from Southwark LBC v Mills [2001] solidifies the courts view on the flexibility of a neighbour
If it is a “reasonable use of the land”
2) “Some interference must be expected”
What is always considered in determining if a use of land was reasonable
Intensity, Intention
What is sometimes considered in determining if a use of land was reasonable
Sensitivity of claimant, Locality rule
What kind of claim is Greg looking to make following his car crash
Vicarious Liability
What makes an employer liable for an employees negligence
If they are negligent “while acting in the course of his employment”
Who does the claimant have to prove is liable in vicarious liability cases
ONLY the employee
What are the 5 stages of the economic reality test for employment
1) Does the person use their own premises or equipment
2) does the person hire their own helper
3) The degree of financial risk they take
4) The degree of responsibility they have for investment and management
5) how far the person has the opportunity of profiting from sound management in the performance of their task
Test of Negligence
- Resonable forseeability
- Relationship of proximity
- fair and resonable
What is the latin for “the thing speaks for itself”
Res Ipsa Loquitur
What does the bolam test say
that a professional will be assumed to have the skills they claim to have
What test aims to prove if the defendant was the cause of the damage
The “but for” test
What is the standard for a negligence claim?
The “but for” test
What case holds that when the probability of harm is higher then the court is more likely to rule in favour of them
Bolton v Stone [1951]
Who does the Occupiers Liability Act 1957 cover
Lawful visitors
What is the definition of occupier
“Control of the premises with a sufficient degree of control”
Is it the visitor or the premises that needs to be safe
Visitor
