Tort Law - DOC

Question 1

Robinson v Chief Constable of West Yorkshire Police

Answer 1

2 police officers knocked over and injured a 78-year-old bystander. If there is an established legal prinicple there is no need for the Caparo 3 stage test

Question 2

Foreseeable - Kent v Griffiths

Answer 2

An ambulance did not respond 3 times, the pregnant lady stopped breathing and lost her baby as well as suffering short-term memory loss - it was foreseeable that the delay would cause this damage.

Question 3

Foreseeable - Doughty v Turner Manufacturing

Answer 3

Asbestos lid, molten liquid, new chemical reaction unknown, therefore not foreseeable.

Question 4

Proximity - Bourhill v Young

Answer 4

Mrs Bourhill was pregnant, Young a motorcyclist, dangerously overtook the bus, crashed and died. Mrs Bourhill got off the bus, saw the accident and had a miscarriage. She tried to sue but failed as it was not proximate in terms of time and space.

Question 5

Fair, Just and Reasonable- Munroe v London Fire Brigade

Answer 5

In an emergency, emergency services will not be held liable for their omissions, only their acts. Here they failed to check neighbouring premises with burning debris present but they did not owe a duty of care for this.