Tort- Negligence Flashcards
Kent v griffiths
D suffered Asthma attack and ambulance did not turn up when they said they did. They sued ambulance and won. D wasn’t legitimately delayed.
Bowhill v young
D give birth after seeing aftermath of accident and sued V family. The court said the proximity is not sufficient
McLoughlin v o brien
D sees family in hospital after an accident and suffered mental harm. D sued lorry driver, D was in close enough proximity
Blyth v Birmingham waterworks
D were responsible for laying water pipes and 25 years later there was a leak. Blyth, whose house was damaged by the leak, sued in negligence. As long as you can do the best you can do
Montgomery v Lanarkshire
Added informed consent to the Bolom test
Vowels v evans
Judged the same as someone who trained
Paris v Stepney
Due to his special characteristics he was at a higher risk so they did breach the duty.
Bolton v stone
Cricket ball hit v outside her home. They said the risk was too low to take any further precautions.
Haley v London electricity board
V blind and fell in a ditch. The risk was greater to him so there should be a barricade.
Latimer v AEC limited
The claimant worked in ds factory and slipped. It had been flooded and put warning signs up and mopped floors to make it safe as possible. There was no breach, D only had to take reasonable precautions to minimise risk which he did.
Roe v minister of health
The risk was not foreseeable as it was unknown at the time. Both vs were paralysed from anaesthetic mixed with sterilising fluid.
Watt v Hertfordshire county council
The fire service did not breath as the emergency
