Tort of negligence - causation and defence

Question 1

What cases are used as examples of causation in fact?

Answer 1

Barnett v Chelsea & Kensington Hospital Management Committee
McWilliams v Arrol

Question 2

Barnett v Chelsea & Kensington Hospital Management Committee

Answer 2

A hospital doctor failed to see and examine a patient who was vomiting. It was held the failure to see and examine a patient could be negligence but here the negligence had not caused the death of the patient. He would have died anyway.

Question 3

McWilliams v Arrol

Answer 3

The claimant’s husband was not wearing a safety belt when repairing a roof. Belts were normally available but on the day of the accident, the shed in which the belts were stored, was locked. The claimant’s wife argued that if the belts were available her husband would not have fallen. Her claim failed as it was shown that even if the belts had been available her husband would probably not have worn one.

Question 4

What cases are examples of causation in law?

Answer 4

Overseas Tankships & Engineering v Mot Dock & Engineering
Hughes v Lord Advocate
Jolley v London Borough of Sutton

Question 5

Overseas Tankships & Engineering v Mot Dock & Engineering

Answer 5

The defendants spilt oil from their ship. The oil spread to a wharf where welding was taking place. The defendants found that oil would not ignite in the water so carried on welding. Three days later some cotton waste was floating in the oil and it ignited from a welding spark. The claimant’s wharf was destroyed. It was held that although the fire was as a direct result of the oil spillage, it was too remote, as no one knew oil could ignite in that way.

Question 6

Hughes v Lord Advocate

Answer 6

Post Office workers left a manhole open surrounded by paraffin lamps. Two boys climbed into the manhole. One of the boys took one of the paraffin lamps and dropped it into the manhole. The paraffin from the light vaporized and was ignited by the flame causing an explosion. Both boys suffered severe burns. It was held that the defendant was liable, as the type of harm was foreseeable even if the exact way in which it occurred was not. The explosion was not foreseeable but burning was foreseeable.

Question 7

Jolley v London Borough of Sutton (2000)

Answer 7

a small boat was abandoned on grounds near a block of flats owned by the Council. The boat became derelict and rotten. The Council was aware that children played on the boat, which they knew was dangerous. The claimant, aged 14, and a friend were injured when they tried to jack up the boat to repair it. It was held that the Council was liable as some harm was foreseeable, even if the precise way the harm occurred could not be foreseen.

Question 8

What cases are examples of an intervening act breaking the chain of causation and if this is the case the defendant will not be liable for damage caused after the break?

Answer 8

McKew v Holland & Cubitts Ltd (1969)
Reeves v Commissioner of Police for the Metropolis (1999)

Question 9

McKew v Holland & Cubitts Ltd (1969)

Answer 9

The defendant negligently injured the claimant’s leg which meant it sometimes gave way. The claimant attempted to descend a steep stairway without using the hand rail and he suffered injuries when his leg could not support him. It was held the defendant was not liable for the injuries sustained in the fall. When the claimant descended the stairs it was an intervening act which was not reasonably foreseeable to the defendant.

Question 10

Reeves v Commissioner of Police for the Metropolis

Answer 10

Reeves committed suicide while in police custody, it was known that he was in an unstable condition. It was held the police were liable for his death. They were negligent in failing to supervise him properly, his intervening act was reasonably foreseeable.

Question 11

What case is an example of the eggshell skull rule?

Answer 11

Smith v Leech Brain & Co (1962)

Question 12

Smith v Leech Brain & Co (1962)

Answer 12

The claimant’s husband was splashed on his lip with molten metal which was a reasonably foreseeable splash injury. However, his body cells were pre-cancerous at the time and he subsequently developed the disease and died. It was held that the defendant was liable even though the only foreseeable injury was a burn

Question 13

What case is an example of Violent non fit injuria?

Answer 13

Smith v Baker

Question 14

Smith v Baker

Answer 14

The claimant was drilling holes in a quarry and had complained about the danger of the defendant’s crane moving rocks above him. He was ordered to continue working and was injured when a stone fell on him. It was held that the claimant was aware of the danger but there was no evidence that he had voluntarily consented to the risk of injury. The defence of consent failed.

Question 15

What case is an example of Contributory negligence?

Answer 15

Stone v Taffe

Question 16

Stone v Taffe

Answer 16

The claimant’s husband was killed when he catapulted himself down an unlit staircase in the defendant’s pub. The claimant’s wife and friend had made their way down safely before the deceased. It was held that damages should be reduced by 50% to take account of the lack of care taken by the deceased.