Tort law cases

Question 1

Hall v. Brooklands Auto-Racing Club

Answer 1

standard care in negligence
spectator injured, organisers not negligent as they took precautions

Question 2

Donoghue v Stevenson (1932)

Answer 2

“snail in the bottle” case, it established the modern concept of negligence
neighbour principle!!!

Question 3

Caparo Industries v. Dickman (1990)

Answer 3

refined 3 stage test

Question 4

west bromwich FC v El Safty

Answer 4

WBA sued surgeon for treatment - court helf surgen only duty to patient

Question 5

Margereson v JW Roberts (1996)

Answer 5

Plaintiffs developed illnesses due to asbestos exposure from a factory. The court held that the factory owed a duty of care to the local residents as it was foreseeable that asbestos would cause harm.

Question 6

orchard v lee

Answer 6

child defendant, judged by standard of reasonable child age

Question 7

Chester v Afshar (2004)

Answer 7

informed consent in medical negligence
failing to warn patient of risk is negligence

Question 8

McGhee v National Coal Board (1973)

Answer 8

if a defendant’s conduct materially increases the risk of harm to the claimant, they may be held liable,

Question 9

Smith v Leech Brain (1962)

Answer 9

“thin-skull” principle, where the court held that the defendant must take the victim as they find them - minor injury led to cancer due to pre existing condition, defendant liable to full extent

Question 10

Froom v Butcher (1976)

Answer 10

contributory negligence. It involved a car accident where the claimant was not wearing a seatbelt.
reduced damages

Question 11

Hedley Byrne v Heller (1964)

Answer 11

LANDMARK CASE
court held that a duty of care can arise from statements made
defendant liable for financial loss caused by reliance on statements if theres a relationship