Article cases Flashcards
What was the outcome of Cleghorn v Oldham?
Participation in serious sports can give rise to recoverable negligence claims
Case supporting potential claimants
What does Stovin v Wise establish about liability for omissions?
Generally, no liability for omissions unless special circumstances exist
Duty through omission can only be established through special circumstances
What was the key finding in Sutradhar v Natural Environment Research Council?
No liability for failing to prevent harm without altering the dangerous status quo
There was no proximity of closeness and control
What was the ruling in Agar v Hyde regarding duty of care?
No duty of care because governing bodies merely regulated, not actively created, danger
Australian case- No liability on Rugby governing body for omission
What duty does a governing body owe according to Watson v British Boxing Board of Control?
Governing bodies owe a duty of care when they voluntarily assumed responsibility for safety
Non-provision of medical care leading to duty since responsibility was assumed by the governing body
What does Poole BC v GN illustrate about assumption of responsibility?
Assumption of responsibility depends heavily on facts and context
Voluntary assumption is a case-to-case analysis
What did HXA v Surrey County Council confirm about assumption of responsibility?
An assumption of responsibility can exist even without clear reliance
Heavily depends on the vulnerability of the claimant and the facts of the case
What is the significance of the case Tylicki v Gibbons?
Risk of injury is inherent but reckless disregard can still amount to negligence
Clarifies the concept of fallen below in breach in the context of sports
What was the outcome of Woods v Multi-Sport Holdings Pty Ltd [2002]?
No duty to warn against or protect from obvious risks inherent in a sporting activity
What principle was established in Bonnington Castings Ltd v Wardlaw [1956]?
A defendant is liable if their breach of duty materially contributed to the claimant’s injury
Even if other factors also played a role
What did Bailey v Ministry of Defence establish about causation?
Material contribution to cumulative injury can establish causation
What was the ruling in Holmes v Poeton Holdings Ltd regarding toxic exposure?
Material contribution test applies even to indivisible injuries if evidence supports it
Insufficient scientific evidence to prove TCE exposure caused Parkinson’s
What was the outcome of Wilsher v Essex AHA [1988]?
Claimant failed because they could not prove the defendant’s negligence more likely than not caused the harm
Other potential causes existed
What does Fairchild v Glenhaven Funeral Services Ltd establish about multiple exposures?
Each defendant could be liable without proof of specific causation if multiple exposures increased the risk
What test applies in Sienkiewicz v Greif (UK) Ltd [2011] for mesothelioma cases?
The ‘material increase in risk’ test applies, but claimants must generally prove causation on the balance of probabilities
What limitation did Ministry of Defence v AB [2012] impose on the Fairchild exception?
The Fairchild exception does not extend to other diseases; claimants must prove causation traditionally
Unless the case fits within the narrow Fairchild criteria
Law Reform (Contributory Negligence) Act 1945
Courts will reduce damages proportionately
TLA 1980 Section 33
Courts can extend the 3 year limit period if it is equitable, particularly where injuries are latent
Barnett v Chelsea
but for test- factual causation
Smith v Charles
Inadequate safety protocols
Cartledge
Established that the limitation period could create injustice in cases of latent injuries
Home office
Control over risks- the governing bodies control over rules and protocols places them in a position of responsibility, similar in the principles of the home office case
Michael v Chief Constable of South wales
The author emphasizes the importance of vulnerability in establishing a duty
A v Hoare
The court demonstrated flexibility due to delayed reporting- tdi claims
