Tort Of Negligence 3 Cases

Question 1

Wagon Mound 1961

Answer 1

Fuel was negligently spilled in a harbour. Two days after spillage oil caught fire due to welding work used when repairing a ship.
COURT HELD: damage was caused as a result of breach of duty, however the damage suffered was too remote from the negligent act and was not reasonably foreseeable

Question 2

Crossley V Rawlinson 1981

Answer 2

C ran towards a vehicle on fire as a result of D’s negligence. C tripped and was injured. C sued D.
COURT HELD: A Trip was not reasonably foreseeable like a burn, the injury was too remote.

Question 3

Smith V Leech Brain and Co 1962

Answer 3

D burnt C’s lip with molten metal. He had a pre-existing cancer condition, the burn brought about the onset of full cancer and C died.
COURT HELD: D was negligent because it was reasonably foreseeable even if the cancer was not. As C had a thin skull D was liable for all of the harm suffered

Question 4

Hughes V Lord Advocate 1963

Answer 4

Post office workers left a manhole unattended. COURT HELD: the injury sustained by the claimant was reasonably foreseeable as a child
might want to explore the site even though the explosion was not foreseeable ️

Question 5

Latimer V AEC Ltd 1953

Answer 5

D’s factory became flooded due to a leak. Floor slippy so D placed sawdust on floor to minimise the danger.
COURT HELD: no breach of duty as C had taken reasonable steps to avoid injury. Only way it could be completely prevented would be to close factory which is unreasonable to expect D to do this

Question 6

Nettleship V Weston

Answer 6

D a learner driver went out for her 1st lesson supervised by a friend (C). D crashed car into lamppost, C was injured.
COURT HELD: Even learner drivers must be judged against the standard of a reasonably competent driver.

Question 7

Barnett V Chelsea and Kensington hospitals 1969

Answer 7

Three night watchmen went to A&E because of sickness from drinking tea at work - they were ordered to go home and see their GPs. One of the men died - his wife blamed the Dr for not examining him, however Dr not guilty because he had arsenic in his system he would have died anyway.
COURT HELD: death of C was not the result of the Dr’s breach of duty