Flashcards
Duty, Breach, Damage Cases
Cards in this deck (34)
- 1What case established the Law of Negligence?Donoghue V Stevenson
- 2What are the facts of Donoghue V Stevenson?C opened a ginger beer bottle from D's company and it had a decomposing snail inside.
- 3What did Lord Atkin say in Donoghue V Stevenson?''You must take care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.''
The Neighbour Principle - 4Which case set the 3 part test for Duty of Care?Caparo V Dickman
- 5What are the facts of Caparo V Dickman?C bought shares in Fidelity PLC not knowing they had lied about their profits.
- 6What recent case made the Caparo test unnecessary in some circumstances?Robinson V CC West Yorks Police
- 7In which case was a police officer harmed when pursueing a stolen car? What is the legal principle of this case?Langley V Dray
Reasonably Foreseeable - 8What is the other case for Reasonably foreseeable in which a blind man fell down a hole?Haley V London Electricity Board
- 9What did the judge say in Muirhead V Industrial Tank Specialists?D and C do not need to know each other
Space, time and relationship proximity test - 10What was the facts and outcome of Bourhill V Young?D crashed his motorcycle and died. C (Pregnant) walked past the accident and went into shock. Her child was stillborn as a result. No D of C insufficient proximity
- 11What is the legal principle of McFarlane V Tayside Health Board?C became pregnant after her partners vasectomy failed. Claim denied it is not just and reasonable to award compensation for the birth of a healthy child
- 12What happened in HiII V Cheif Constable of South Yorkshire?C was the mother of the Yorkshire Rippers final victim. Claimed police were responsible as they should have cuaght him quicker. Judge said Police cannot face a lawsuit for doing their jobs.
- 13In which case did a man sue for slipping on ice?Fernquest V Swansea CC
Not F,J and R as public should be aware of normal hazards - 14What happened in Watson V British Boxing Board?C sued for proper medical treatment at ringside.
- 15The objective test for ? was set out in Blyth?Breach
- 16What was established by Mullins V Richards?Children are compared to a reasonable person of the same age.
- 17What special standard is shown by Bolam?Professional are compared to the accepted practices of their profession
- 18What are the facts of Montgomery V Lanarkshire Health Board?C sued Dr after her son was born with Cerebral Palsey
- 19What special standard is set out in Wells V Cooper?DIY
- 20What was established in Nettleship V Weston?Learner Drivers owe same Duty as qualified drivers
- 21What can the case Bolton V Stone be used for?Likelihood of injury
5/6 balls over 30yrs - lower chance lower duty - 22How is the case of Miller V Jackson different to Bolton V Stone?1Used for likely injuries
8/9 balls in a Season - 23Another case for unlikely is what?Gray V Workington Golf Club
- 24What is the case for seriousness?Paris V Stepney BC
(Splinter of Metal went into C one good eye and he became blind)
Higher Seriousness = Higher Duty - 25What does the case of Latimer AGC show?D has to take reasonable precautions if they are practical and not too expensive
- 26What was decided in Palmer V Cornwall CC?1 person could not supervide 300 children
- 27Which case involving an ambulance in WWII shows a reduced Duty if there are potential benefits to society?Daborn V Bath Tramways
- 28In what case was C injured to to not secured equipment in the rush to save a life?Watt V Hertfordshire CC
- 29What happened in Cole V Davis-Gilbert?C injured her leg in a non filled man-hole.
- 30In which case was lack of guard rails the cause of death?Cork V Kirby Maclean
- 31In what case was the doctors failure to treat not the cause of death?Barnett V Chelsea and Kensington Hospital
- 32What principle is shown by Smith V Leech Brain?Thin Skull
(Burnt Lip - Cancerous Cells) - 33What caused damage in Carslogie Steamship V Royal Norwiegan GovA Storm
- 34What case can be used for remoteness?The Wagon Mound
(Spilled Fuel mixed with cotton then set fire 2 days later.
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- AS level Law (Tort Law - Negligence) Flashcards on Duty, Breach, Damage Cases, created by Jake Ashby on 27/11/2019.
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- Jake Ashby
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