Tort Law - Omissions and Third Parties Flashcards
1
Q
How do L&O argue we should see the case of Kent Griffiths?
A
Better to compare ambulance services to other health services, with a public law duty
2
Q
Morrison v Lord Mayor of Sheffield general
A
Iron guard, blackout
3
Q
Vacwell v BDH
A
Manufacturers must supply appropriate instructions and warnings with products
4
Q
Majority in Smith v Littlewoods Corporation
A
Foreseeability, emphasising lack of knowledge of compromised security, although acknowledged DoC
5
Q
barnes v hants general
A
school authorities
6
Q
What jurisdiction is Stewart v Pettie from?
A
SC of Canada
7
Q
How was the FJR impliedly considered in Lowns v Woods?
A
Applied test of proximity from Sutherland Shire Council v Heyman
8
Q
Naval airman, vomit
A
Barrett v MoD
9
Q
What are the five exceptions to the general rule for liability for acts of 3rd?
A
Control imports responsibility, psychiatric patients, liability of landowners to neighbours, landlords and tenants and liability for serving alcohol
10
Q
Barrett v Enfield LBC
A
No general duty of good parenting
11
Q
Who, in obiter, suggested a way to distinguish Capital and Kent, and in what case?
A
Lord Bingham in Smith v Sussex
12
Q
Unlocked mini bus, pub closing time
A
Tapp v London Country Bus
13
Q
Watson v British Board of Boxing Council on reliance
A
General reliance led to DoC despite Capital as they were a regulatory body assuming responsibility towards participatory fighters to provide medical equipment
14
Q
What is the economic reason for limiting liability for omissions?
A
Incentivising individuals against certain acts by making them pay - desirable by economic theory that people act efficiently and create the least costs
15
Q
What two cases show liability for omission can arise out of an office/position of responsibility
A
Reeves v Commissioner of Police for the Metropolis and SoS for HD v Robb
16
Q
Tapp v London Country Bus judgment
A
No special danger arose, relying on Goff in Smith
17
Q
Jebson v MoD general
A
Lorry dancing
18
Q
Why do L&O argue Kent survives Gorringe?
A
AR came from the call as well, giving a basis other than statutory power on which to impose the positive duty
19
Q
What did Lord Nicholls add to Hoffman’s reasons in stovin v wise?
A
Imposes compulsory altruism which should require a special justification before being imposed
20
Q
Jordan House v Menow judgment
A
Canada found a DoC with two influencing factors - (1) regular and (2) Canadian legislation imposed a tortious duty on owners of pub etc. if customer was killed/committed suicide after getting drunk at their premises
21
Q
Reeves v Commissioner of Police for the Metropolis judgment
A
Police admitted DoC and HoL agreed due to extensive control of police over V
22
Q
Palmer v Tees Health Authority judgment
A
Lack of proximity - no AR to such a large class of potential victims
23
Q
Designated social worker, violent father
A
Selwood v Durham CC
24
Q
Watson v British Boxing judgment
A
AR for adequacy of supplies at an approved bout
25
Rape by foreign citizen
K v SoS for HD
26
R v Imperial Tobacco Canada Ltd judgment
No DoC as no basis on which to find a positive duty to act
27
Cole v South Tweed Heads
HC of Australia denied licensed club owes a DoC to stop patrons drinking to excess
28
White v Jones judgment
Contractual undertaking may generate a duty of affirmative action - AR for task
29
Palmer v Tees Health Authority general
4 year old abduction, nightmares
30
East Suffolk Rivers Catchment Board v Kent general
Sea wall, 178 days
31
SoS for HD v Robb general
Hunger strike
32
Lowns v Woods general
Epilepsy, 300m
33
Winfield and Jolowicz on OLL Ltd v SoS for Transport
Decision is hard as coastguard made children worse off by depriving them of assistance
34
Tapp v London Country Bus general
Unlocked mini bus, pub closing time
35
What judge and in what case made it clear that the question of whether V's identity is known should not determine proximity test outcome
Palmer v Tees Health Authority per Pill LJ
36
what three reasons for limiting liability for omissions did Hoffman given in Stovin v Wise?
Political, moral and economic reasons
37
What did Williams show about the judges in Kent?
They tried to align law with moral sentiment - 'offensive to concepts of common humanity' (Turner J) not to give a remedy
38
What case stated a Medical professional is not liable as long as he 'acted in accordance with a practice accepted as proper by a responsible body of medical men skilled' in the given area
Bolam v Friern Hospital Management
39
What two judges in Mitchell v Glasgow Focused on Council's actions as being entirely lawful, and thus not negligently creating any risk under 3rd by Goff in Smith
Rodger and Hale
40
Name at least one caseshowing how liability for omission can arise out of supply of non-obviously dangerous products
Vacwell v BDH; Hobbs (Farms) v Baxender
41
Home Office v Dorset Yacht general
Borstal
42
Name at least two cases showing reliance creating liability for omission as D undertook responsibility for C's wellbeing
Watson v British Board of Boxing Council; Barrett v Ministry of Defence; Jebson v MoD; Reeves v Commissioner of Police for the Metropolis
43
no general DoC simply due to a 'blood relationship'
Hahn v Conley
44
Winfield and Jolowicz on Kent and Capita
Fire service usually concerned with property damage, so liability would benefit subrogated fire insurers with a premium to cover the risk
45
Manufacturers must supply appropriate instructions and warnings with products
Vacwell v BDH
46
Who said there is 'no rational distinction' at all between acts and omissions?
Hart and Honore
47
What needs to be seen together to find liability under supply of non-obviously dangerous products?
Supply of product and failure to warn - if they are not one, it is nonfeasance, not misfeasance
48
Smith v Littlewoods Corporation judgment
No breach of DoC - HoL unanimous in result but no in reasoning
49
What did a fear of deterring would-be rescuers through liability for exposing V to a new danger lead to in the US?
'Good Samaritan' statutes, recognising immunity in some cases
50
Jordan House v Menow general
Dark, drunk, regular
51
Gorringe v Calderdale judgment
Mere presence of statutory powers which, if exercised, might have prevented damage to C is not enough for a Doc
52
Adeels Palace v Moubarak
Owner of a bar/similar establishment owes a DoC to prevent a patron from harming others on premises
53
Hart and Honore on Nicholls' judgment in Stovin
Took his statement that 'distinction is not clear' between acts and omissions and said there is 'no rational distinction' at all
54
Council, unpleasant neighbour, meeting
Mitchell v Glasgow CC
55
Jebson v MoD judgment
Commanding officer AR for WHOLE activity, meaning MoD AR vicariously. Aim of event to get drunk, which CO knew
56
what would bender prefer tort focused on?
Interdependence rather than individualism
57
Hunter v Canary Wharf
Cannot claim in nuisance if C is not the owner of the land
58
From what jurisdiction is Jordan House v Menow?
Canada
59
Selwood v Durham CC judgment
No duty by health authority to world at large, but yes to social worker because small group of social workers involved in the case, and worked in close proximity with health authority
60
From what jurisdiction is Hahn v Conley?
HC of Australia
61
Goldman v Hargrave judgment
Privy Council found DoC to stop damage caused by D's property to neighbouring land
62
What is the political reason for limiting liability for omissions?
Restricts personal autonomy inappropriately
63
What case said AR give liability for omission only when intending to benefit a small class
Stradhar v National Environment
64
Name a case on a parent-child relationship and liability for omissions
Barrett v Enfield LBC; Hahn v Conley
65
Honore on Hobbs (Farms) v Baxender
Shows a broader principle so that innocent doing of harm/risk creation = a positive duty
66
What is the position in Australia on liability of owners of premises serving alcohol, and in what case?
Cole v South Tweed Heads; HC of Australia denied licensed club owes a DoC to stop patrons drinking to excess
67
what concern did the judges have in capital and Counties?
That liability would disturb the performance of fire brigades
68
What were the 3 conditions for recognising DoC for damage of 3rd given by Lord Goff in Smith v Littlewoods?
(1) AR towards C to prevent damage caused by 3rd, (2) D has a special relationship with 3rd or (3) D negligently creates the source of danger which 3rd foreseeably sparks off
69
Clark Fixing v Dudley Metropolitan BC judgment
Duty to stop spread of fire - knew of intrusions etc.
70
Why was a DoC found in Selwood v Durham CC?
small group of social workers involved in the case, and worked in close proximity with health authority
71
When might negligence be the only claim for liability for omission in occupation of land?
If C is not the owner/the claim is for personal injury/non-land interference: Hunter v Canary Wharf
72
What did Honore say of the categories for liability for omissions?
There is no 'neat pattern'
73
McIvor on cases where control imports responsibility and liability for third party actions
Need a very strong relationship between 'responsible' D and 'irresponsible' 3rd, C needs to be within a narrowly defined class of potential victims and harm-causing conduct of 3rd needs to be highly foreseeable
74
Name two cases at least where liability for actions of third parties arises out of serving alcohol
Adeels Palace v Moubarak; Childs v Desormeaux; Stewart v Pettie
75
Capital and Counties v Hampshire CC judgment
No proximity by accepting call, and general reliance does not give a DoC. No AR by arriving due to statutory obligation to public at large, not a tortious obligation to X in particular. HOWEVER, negligent positive act through turning sprinklers off
76
Selwood v Durham CC general
Designated social worker, violent father
77
What does Williams claim about Kent?
Had little impact on negligence claims - less than 20 of 60 on negligent failure to attend resulted in compensation
78
Barnett v Chelsea & Kensington Hospital
Staff in casualty department may AR by helping/advising a person seeking attention
79
Winfield v Jolowicz on Barrett
If officer had ignored him, would have been bound as generally accepted employers owe DoC to sick employees: Kasapis v Laimos
80
Stradhar v National Environment on undertaking responsibility
Lack of contact meant no DoC - expert knowledge does not of itself create a duty to use it for the public at large
81
Which case rejected that the mere presence of statutory powers which, if exercised, might have prevented damage to C is enough for a Doc?
Gorringe v Calderdale
82
Rodger and Hale in Mitchell v Glasgow
Focused on Council's actions as being entirely lawful, and thus not negligently creating any risk under 3rd by Goff in Smith
83
How can SoS for HD v Robb and Reeves v Commissioners be reconciled?
Police have a duty to deprive V as far as possible the means to self-injure, bar ACTUALLY using force
84
What is the stance in Canada on liability for serving alcohol and actions of third parties, and according to what case?
Stewart v Pettie: DoC owed by commercial premises serving alcohol to those who might be injured when patron leaves
85
Gorringe v Calderdale general
SLOW on road
86
Howarth on Tapp v London Country Bus
Criticised the CoA for relying on minority reasoning of Goff in Smith
87
What case is an example of the 3rd condition by Goff in Smith?
Sandhu Menswear v Woolworths
88
SoS for HD v Robb judgment
No right to forcefeed a hunger strike prisoner
89
Stewart v Pettie does not apply to 'social hosts' unless they enhance the risk
Childs v Desormeaux
90
Kent v Griffiths judgment
CoA found DoC as made situation worse, and no duty to public AT LARGE - to specific X once call is allocated, and no need to worry about liability of others to distort performance
91
what case gave that danger to public at large was insufficient for DoC?
K v SoS for HD
92
Bender on lack of duty of rescue
Reflects a 'legal system devoid of car and responsiveness to the safety of others'
93
Lord Reid in HO v Dorset Yacht
Simple foreseeability of damage test
94
Carmarthenshire CC v Lewis judgment
Authority liable for OWN negligence rather than vicarious liability through teacher's negligence - AR for control of child, creating a relationship of proximity with those foreseeably endangered by him
95
What case is an example of the 2nd condition by Goff in Smith?
HO v Dorset Yacht
96
What case suggested there may be liability if a manufacturer does not warn past consumers of a latent defect discovered in their product?
Hobbs (Farms) v Baxender
97
What Acts impose a duty on landowners to ensure land is reasonably safe for both trespassers and guests
Occupiers' Liability Act 1957 and 1984
98
Palmer v Tees Health Authority per Pill LJ
Question of whether V's identity is known should not determine proximity test outcome
99
Watson v British Boxing general
Medical supplies
100
Who criticised the CoA for relying on minority reasoning of Goff in Smith in Tapp v London Country Bus?
Howarth
101
Clark Fixing v Dudley Metropolitan BC general
Roof adjoining neighbours, intrusions and fires
102
What types of landlords does Mitchell v Glasgow cover?
Both public and private
103
Kevin Williams on reasons given in Stovin v Wise
Risks overlooking other relevant policy factors, e.g. that a life could be saved by a relatively trivial act
104
What case shows liability for omission by creating the risk in the first case?
Morrison v Lord Mayor of Sheffield
105
How was the authority held liable for its own negligence in Carmarthenshire CC v Lewis?
AR for control of child, creating a relationship of proximity with those foreseeably endangered by him
106
From what jurisdiction is Cole v South Tweed Heads
HC of Australia
107
Capital and Counties v Hampshire CC general
Sprinkler system, chief officer
108
Who asks Did D make things worse (act) or did he fail to make things better (omission)? in order to distinguish between acts and omissions?
L&O
109
Mitchell v Glasgow CC
HoL showed a clear preference for Goff's approach in Smith v Littlewoods
110
How do L&O criticise Goff's three conditions in Smith v Littlewoods?
Goff rejected foreseeability, and yet allowed DoC where D 'either knows or has the means of knowing' 3rd is causing damage - isn't this essentially foreseeability?
111
Sprinkler system, chief officer
Capital and Counties v Hampshire CC
112
Stewart v Pettie
SC of Canada found DoC owed by commercial premises serving alcohol to those who might be injured when patron leaves
113
Combustible material, storage unit
Sandhu Menswear v Woolworths
114
Tall red gum, relight
Goldman v Hargrave
115
Sedleigh-Denfield v O'Callaghan
Liability of landowners established if damage/nuisance caused by trespassers (3rds) to a neighbour is 'adopted' or 'continued' by D
116
Goldman v Hargrave on liability of landowners to neighbours for acts of 3rds
Duty to protect neighbours from natural hazards on land
117
L&O on classic act/omission distinction
It is unhelpful
118
What is the moral reason for limiting liability for omissions?
The 'Why Pick On Me' argument, of all the possible defendants
119
Name at least two cases covering expert knowledge leading to liability for omission by undertaking responsibility for C's wellbeing
OLL Ltd v SoS; Capital and Counties; East Suffolk; Kent v Griffiths
120
Hope in Mitchell v Glasgow
Key question was no AR to warn C, and concern over onerous burden of DoC
121
Hill v Chief Constable of South Yorkshire judgment on acts of 3rds
No proximity - part of a large class and thus unforeseeable
122
What was the award in Jebson v MoD?
75% reduction due to P's contributory negligence
123
When is there liability for/a duty to rescue?
When D tries to rescue V, but instead exposes V to a new or increased danger
124
Goldman v Hargrave general
Tall red gum, relight
125
Reeves v Commissioners of Police for the Metropolis on office of responsibility creating liability for omission
Institutions exercising extensive control over vulnerable people will often owe a DoC to prevent self-injury
126
Michael v Chief Constable of South Wales judgment
Response to all by police was not AR, and not even AR to ensure she got called back
127
What two cases should be contrasted in the context of reliance on D's undertaking of responsibility for C's wellbeing?
Jebson v MoD and Barrett v MoD
128
Who said the 'distinction is not clear' between acts and omissions in Stovin?
Nicholls
129
How do L&O distinguish between acts and omissions?
Did D make things worse (act) or did he fail to make things better (omission)? Distinction is one of degree and different duties restrict liberty of action to different extents
130
What category of case for liability for omission does R v Imperial Tobacco come under?
Undertaking responsibility for C's wellbeing
131
Kent v Griffiths general
Asthma attack, ambulance, respiratory failure
132
Sandhu Menswear v Woolworths judgment
Duty even without previous fires having been lit
133
Smith v Sussex, per Lord Bingham OBITER
Suggested Capital was a claim for property damage, whilst Kent was for personal injury where insurance is less likely
134
R v Imperial Tobacco Canada Ltd general
Low-tar cigarettes, no warning
135
generally accepted employers owe DoC to sick employees
Kasapis v Laimos
136
East Suffolk Rivers Catchment Board v Kent judgment
Board only AR not to cause FURTHER damage, which they didn't
137
What judge in Stradhar emphasised that expert knowledge does not of itself create a duty to use it for the public at large?
Lord Hoffman
138
Who highlighted liability in a case like Capital would actually benefit fire insurers, not the public?
Winfield and Jolowicz
139
Bolam v Friern Hospital Management
Medical professional not liable as long as he 'acted in accordance with a practice accepted as proper by a responsible body of medical men skilled' in the given area
140
Who found the Key question was no AR to warn C, and concern over onerous burden of DoC in Mitchell v Glasgow?
Lord Hope
141
Mitchell v Glasgow CC judgment
No DoC, unanimously decided in favour of Goff's no foreseeability test in Smith but differed on reasoning
142
What did trial judge stress in Lowns v Woods?
Doctor was approached in his office, during office hours
143
Name at least two cases showing liability for omission due to AR
White v Jones; Barnes v Hants; Stradhar v National Environment; Watson v British Boxing
144
OLL Ltd v SoS for Transport general
Coastguard, children, wrong direction
145
What case shows liability for omission can arise through occupation of land?
Goldman v Hargrave
146
Barnes v Hants judgment
School authorities AR for young children, arising from 'non-verbal conventions'
147
Who believed the reasons given in Stovin risk overlooking other relevant policy factors?
Kevin Williams
148
Name two cases on psychiatric patients leading to liability for acts of third parties
Palmer v Tees Health Authority; Selwood v Durham CC
149
Occupiers' Liability Act 1957 and 1984
Duty to ensure land is reasonably safe for both trespassers and guests
150
Hill v Chief Constable of South Yorkshire general
Sutcliffe
151
Sandhu Menswear v Woolworths general
Combustible material, storage unit
152
What is the general rule for liability for acts of third parties?
Third party act breaks the chain of causation
153
How does Williams see the liability recognised in Kent reflected elsewhere?
GP duty through NHS Regulations 1992, which require them to help anyone in their practice area in immediate need if they are available and asked to attend
154
When did Lord Woolf in Kent suggest the outcome might be different?
If the case was about the allocation of resources
155
K v SoS for HD judgment
No relationship of proximity as mere knowledge D was a danger to public at large was insufficient
156
What did Lord Woolf suggest in Kent v Griffiths that was particularly hard to reconcile with Capital and Counties?
Even where there are multiple casualties, there is still a DoC - it will just be about whether it was breached
157
Hobbs (Farms) v Baxender judgment
Liability for latent defect discovered by consumer may create DoC to warn past consumers
158
Morrison v Lord Mayor of Sheffield judgment
CoA found DoC regardless of omission because they failed to eliminate the risk in changed circumstances
159
Why would Kent perhaps not survive Gorringe?
Ambulance services have a statutory power to prevent damage to C, but Gorringe suggests this is insufficient for DoC
160
Carmarthenshire CC v Lewis general
Nursery, lorry driver
161
Kasapis v Laimos
generally accepted employers owe DoC to sick employees
162
Smith v Littlewoods corporation general
Derelict, cinema, teenagers, fire
163
Lowns v Woods judgment
Foreseeability alone is insufficient, but 'physical', 'circumstantial' and 'causal' proximity gave DoC - doctor approached during office hours , in his office
164
Minority (Lord Goff) in Smith v Littlewoods
No DoC ever arose, giving 3 conditions for recognising DoC for damage of 3rd
165
K v SoS for HD general
Rape by foreign citizen
166
Stradhar v National Environment general
Bangladesh, water
167
Hobbs (Farms) v Baxender general
Latent defect
168
School authorities
Barnes v Hants
169
Epilepsy, 300m
Lowns v Woods
170
Barrett v MoD judgment
CoA found DoC when senior officer found him, but no DoC solely from broader context suggesting possibility of drunkenness
171
OLL Ltd v SoS for Transport judgment
No DoC of coastguard
172
Who said in Kent that it would be 'offensive to concepts of common humanity' not to recognise a duty?
Turner J
173
Barrett v MoD general
Naval airman, vomit.
174
Kent v Griffiths on doctors and development
Liability can arise not only from careless treatment but unreasonable delay leading to a deterioration in V's condition
175
Suicide prisoner, transfer
Reeves v Commissioners of Police for the Metropolis
176
GP duty through NHS Regulations 1992
Requires them to help anyone in their practice area in immediate need if they are available and asked to attend
177
What is a positive of the three conditions given by Goff in Smith v Littlewoods?
Favours D as existence of DoC is a question of fact that can be raised as a preliminary issue, avoiding a full trial
178
Sea wall, 178 days
East Suffolk Rivers Catchment Board v Kent
179
What judge and in what case gave policy reasons for limiting liability for omissions?
Lord Hoffman in Stovin v Wise
180
No general duty of good parenting
Barrett v Enfield LBC
181
Who argued no DoC ever arose in Smith v Littlewoods?
Lord Goff
182
Capital and Counties on doctors
Doctors are not obliged to be a Good Samaritan
183
Hahn v Conley
High Court of Australia, no general DoC simply due to a 'blood relationship'
184
Childs v Desormeaux
Stewart v Pettie does not apply to 'social hosts' unless they enhance the risk
185
Stradhar v National Environment judgment on AR
AR ONLY where there is intention to benefit a small class
186
Williams on Bolam v Friern Hospital Management
Emphasises importance of doctors' ethical obligations being translated into law, in particular the Hippocratic Oath
187
Reeves v Commissioners of Police for the Metropolis general
Suicide prisoner, transfer
188
Home Office v Dorset Yacht judgment
HoL agreed on DoC, but disagreed on basis
189
White v Jones general
Solicitor
190
In what case did the HoL show a clear preference for Goff's approach in Smith v Littlewoods?
Mitchell v Glasgow CC
191
Coastguard, children, wrong direction
OLL Ltd v SoS for Transport
192
Name at least two cases where question of liability for omission arose out of D undertaking responsibility for C's wellbeing
Stradhar v National Environment; R v Imperial Tobacco Canada Ltd; Capital and Counties; East Suffolk; OLL v SoS etc.
193
What is the position in Canada on liability of owners of premises serving alcohol?
Jordan House v Menow - DoC to regular
194
Lord Pearson, Diplock and Morice in Dorset Yacht
Considered underlying policy factors on existence and scope of DoC
195
Michael v Chief Constable of South Wales general
Ex-partner, misallocation of call, 60 mins, dead in 15
196
Palmer v Tees Health Authority
4 year old abduction, nightmares
197
Mitchell v Glasgow CC general
Council, unpleasant neighbour, meeting
198
Who criticised a lack of duty of rescue in English law?
Bender
