Tort of Negligence

Question 1

Name the two types of liability

Answer 1

Fault liability
Strict liability

Question 2

Explain fault liability

Answer 2

Liability which specifically is assigned to the personal misconduct of an individual

Question 3

Explain strict liability

Answer 3

-Liability not for any misbehaviour(negligence/personal misconduct) of the individual attached to it
-but still responsible

Question 4

What is the first step for holding a person accountable in the dcfr

Answer 4

The Basis rule- Book VI 1:101 DCFR

Question 5

What are the steps for assessing whether someone has fault liability

Answer 5

Step I: The Basic Rule (VI I:101 DCFR)
Step 2: Was it intentional or negligent (VI-1:01) a
Step 3: Asses either intentent or negligence (Art VI. -3:101(1) DCFR or Art. VI.-3:102 DCFR)
Step 5- degrees of fault
Step 6- Possible excuses/defenses of fraud
-Mental Incompetence -Art VI. -5:301 DCFR
-Events Beyond Control- Art. VI-5:302 DCFR
-Persons under 18- Art. VI.-3:103 DCFR

Question 6

List the defences for fault liability

Answer 6

-Mental incompetence: Art. VI.-5:301 DCFR
-Events Beyond Control- Art. VI.-5:302 DCFR
-Persons under 18- Art. VI-3:103 DCFR
-Self-defense, benevolent intervention and necessity
Consent and acting at own risk – VI-5:101
Damage caused by a criminal to a collaborator – VI- 5:103
Authority conferred by law – VI-5:201
Contributory fault and accountability-– VI-5:102

Question 7

Describe the facts of the Donoghue v. Stevenson Case

Answer 7

-SNAIL IN DA GINGER ALE

Question 8

Explain the judgement of the Donoghue v. Stevenson Case

Answer 8

-DoC found in concept of:
-love thy/ take care of your neighbour
-should avoid acts/omissions
-that would reasonably/ plausibly injure your neighbour
-NOT VERY Clear
-clarified in Caparo v. Dickman

Question 9

What were the questions of law in the Donoghue v. Stevenson case?

Answer 9

-Does the producer owe a duty of care to Mrs Donoghue?

Question 10

What do the rules developed in Caparo Industries v. Dickman test for

Answer 10

Duty of care

Question 11

Describe the Duty of Care according to Caparo Industries v. Dickman

Answer 11

1. Foreseeability of damage
2. Proximity (nearness)
3. Fair, just and reasonable

Question 12

What were the case facts of Caparo Industries v. Dickman

Answer 12

• firm of accountants appealed against a decision of the Court of A.
  -decided that the accountants owed a duty of care to the appellant shareholders when produ. an audit report req. by state
  -Audit was inaccurate
  -causing losses

Question 13

What were the facts of the L’Olympique lyonnais v. Fuster Case

Answer 13

-21 year old Serge Fuster dies during a football match
-when a hooligan causes an explosion
-Parents, brothers and sisters claim compensation:
-from THE FOOTBALL CLUB

Question 14

Describe the question of law of the L’Olympique Lyonnais v. Fuster Case

Answer 14

-Is the football club liable for the death of Serge Fuster?

Question 15

What was the judgment of the L’Olympique Lyonnais v. Fuster case?

Answer 15

-The football club is liable for his death
-Forseeable death:
-33k spectators
-strong indicators of viol. incidents
-no inspection to prevent spectators from carrying objects which could cause injury
-opposing spectators not at a safe distance from each other

Question 16

What were the facts of the lettuce leaf case

Answer 16

-Plaintiff slipped on a lettuce leaf in a shop and fell

Question 17

What was the judgment of the Lettuce leaf case

Answer 17

• Shop is liable but liability + price of compensation reduced due to contributory negligence of the customer

Question 18

Explain the judgment of the lettuce leaf case

Answer 18

• Shop is liable but liability + price of compensation reduced due to contributory negligence of the customer
  -Shop–> must take care of customer due 2 contract of sale and under gen. duty of safety
  -Customer–> also partially (to lesser extent) responsbile
  -busy day in the veg. and fruit department

Question 19

What were the facts of the Smith v. Littlewoods organisation case?

Answer 19

• Defendants bought an old movie theatre
  -Vandals gained access and attempted to set fire to the property
  -defendants and POPO did not know
  -premises caught fire
  -damage to neighbouring properties

Question 20

What was the question of law in the Smith v. Littlewoods organisation case?

Answer 20

Did the owners of the cinema owe a duty of care to the owners of the neighbour property?

Question 21

What was the judgment in the Smith v. Littlewoods organisation case?

Answer 21

“No general duty of care to prevent a third party from causing damage to the plaintiff by deliberate wrongdoing” → special circumstances are required,
-where the defendant negligently permits or creates a source of danger
-“Common law does not normally impose liability for pure omissions”
-No negligence (?) Ask about this

Question 22

What are the facts of the White v. Jones case?

Answer 22

• Mr White wanted to leave 9000 euros to his two daughters
  -chose to exclude at the point of the will’s initial drafting
  -but then wanted to change
  -solicitor took a real long time
  -will remaine unchanged
  -daughters take solicitor court for prof. negligence

Question 23

What does the test in the White v. Jones case test for?

Answer 23

-duty of care

Question 24

What were the rules developed in White v. Jones?

Answer 24

-duty of care=
-foreseeability
-sufficient proximity
-fairness
-reasonability
(adding on to Caparo industries v. Dickman rules)

Question 25

What are the facts of the Garde de Seaux v. Banque Populair case

Answer 25

-Three prisoners are enjoying some (allowed) liberty
-They rob a bank
-Bank sues Ministry of Justice for compensation

Question 26

What was the question of law in the Garde de Sceaux v. Banque Populair case?

Answer 26

• Is the State liable to the bank?

Question 27

What was the judgment in the Garde de Sceaux v. Banque Populair case

Answer 27

-The state is liable to the bank

Question 28

Explain the judgment in the Garde de Sceaux v. Banque Populair case

Answer 28

-Yes, because although the liberty of the prisoners is in the general interest of society
-individuals (a small group, e.g: bank people and or/ those with money in it) should
-not be “sacrificed on the altar of the general interest”

Question 29

Explain the facts of the Osman v. UK case

Answer 29

-15 year old Osman harassed by teacher Paul Paget Lewis
-PPL still not arrested after several disturbing incidents
-kills Ahmet’s father and wounds Ahmet
-Ahmet + mother sue the police force

Question 30

What was the judgment of the ECHR court in the Osman v. UK court?

Answer 30

-violation of art.6 ECHR (access to justice)
-blanket immunity of police force wrong
-relationship of PROXIMITY is established when plaintiffs have been exposed to risk from a criminal over and above those sustained by the public
-contributes to duty of care

Question 31

Explain the facts of the Bubbins v. UK case

Answer 31

-Girlfriend arrives at flat and saw the legs of a man whom she thought to b e an intruder
-It was Boyfriend
-She called through letterbox but there was no response
-After 2 hour siege boyfriend is shot because the police thought he pointed a gun at them (he hadnt)

Question 32

What was established in the Bubbins v. UK Case

Answer 32

-no liability for the death itself
-UK liable for not providing non-pecuring damages to the deceased’s sister

Question 33

How can one establish strict liability under the DCFR?

Answer 33

• Accountability without intention or negligence:
  -VI: 3:201-3:204

Question 34

What are the types of strict liability in the DCFR

Answer 34

-Accountability for damage caused by employees and representatives
-Accountability for damage caused by animals
-Accountability for damage caused by defective products
-Accoutability for damage caused by dangerous substances or emissions