TORT - NEGLIGENCE Flashcards
Explain the case of Osman v Ferguson 1993 and what it is a part of
Attacker stalked a schoolboy. Police were aware of it but did nothing. Boys father was murdered and boy had serious injuries after an attack.
Part of the Caparo v Dickman 3 part test, SUFFICIENTLY PROXIMATE RELATIONSHIP
Explain the case of Capital and Counties plc v Hampshire County Council 1997 and what it is a part of
Fire officer ordered for a sprinkler to be turned off which resulted in spread of fire. Was fair, just and reasonable to claim liability
Part of the Caparo v Dickman 3 part test, MUST BE FAIR JUST AND REASONABLE
What is the ‘‘neighbour principle’’ and what is it used for?
Established in Donoghue vStevenson 1932.
Must take reasonable care to avoid acts that could reasonably foreseeably injure your ‘neighbour’
What is the ‘‘neighbor principle’’ and what is it used for?
Established in Donoghue vStevenson 1932.
Must take reasonable care to avoid acts that could reasonably foreseeably injure your ‘neighbour’
What is the reasonable man test
Set out in Blyth v Birmingham Waterworks 1856.
If D’s behavior is below stand of a reasonable person then it would be a breach of duty
Is an objective test
What are the 3 special characteristics in breach of duty
1) Professional
2) Amateur/Learner
3) Children - judged by the reasonable standard of a child
State and explain the 4 risk factors in breach of duty
1) Degree of Risk Involved - The greater the risk, the more precautions must be taken
BOLTON v STONE 1951
2) Cost of Precautions - Court will not expect the cost of precautions to outweigh risk involved
LATIMER v AEC 1952
3) Potential Seriousness of Injury - The more serious the potential injury, the greater level of care required for the reasonable man test
PARIS v STEPNEY BOROUGH COUNCIL 1951
4) Importance of the Activity - Some risks may be acceptable if it is socially important
WATT v HERTFORDSHIRE COUNTY COUNCIL 1954
Explain the case of Latimer v AEC 1952
Factory flooded and C slipped. D had put up warning signs and mopped most-used places to make area as safe as possible. Cost of precaution not expected to outweigh risk
Explain the case of Paris v Stepney Borough Council 1951
C only had one eye. Metal splinter went into eye at work and caused complete blindness. Employer did not provide safety goggles. More care is required when there is greater risk
Explain the case of Watt v Hertfordshire County Council 1954
C was injured by equipment not secured due to rush to save a life. Some risk can be acceptable if it is socially important
What are the requirements for damage
1) Damage must be caused by the breach, would not have happened ‘but for’ the breach
BARNETT v CHELSEA HOSPITAL 1969
2) Damage not too remote from the breach
THE WAGON MOUND 1961
Explain the case of The Wagon Mound 1961
Oil had been negligently spilt in harbour which caused a fire. Fire destroyed wharf and boats.
Was not reasonably foreseeable as it was too remote
