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Flashcards in Difficult Tort Deck (20)
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Stark v Post Office.

Statutory obligations are often strict


Smith v Baker

Workers do not consent to risks


Caswell v Powell

Workers are unlikely to be found to be guilty of contributory negligence


Wheeler v New Merton Mill

No volenti in statuory cases


What is the duty in Hatton v Sutherland?

The "threshold question" in Hatton is: Was the worker reasonably foreseeably at risk of injury to health through stress?

This question is made up of two parts:
1. The nature and extent of the work
2. Signs from the employee


Melville v Home Office

An employer was found to be liable for stress at work from a prison officer who had seen several dead bodies of suicide victims


Lister v Hesley Hall

Intentional and even illegal acts can still result in vicarious liability


Rose v Plenty

Mikround case- vicarious liability found


Poland v Parr

The employer was liable for someone pushing a customer away to protect a stall


Warren v Henley's

The employer was not liable for the employee punching a customer


Twine v Bean's express

There was no vicarious liability to a hitchhiker who had been picked up


Hilton v Thomas Burton

Visiting a relative at the end of the day was "on a frolic"


Harvey v O'Dell

Getting lunch was not on a "frolic"


General Cleaning Contractors v Christmas

The duty to provide a safe system of work exists wherever the employee is working


Bux v Slough Metal

The employer must supervise the safe system of work


Century Instance v NI Road Transport Board

Doing an authorised act in an unauthorised way is in the course of employment


Ratcliffe v McConnell

Volenti applies in trespass cases. If the claimant is aware of the risk, then s1(6) of the Occupiers Liability Act will apply


Tomlinson v Congleton

The danger must be caused by the "state of the premises" or something that is done or should be done to them


What is the difference between Donogue v Folkstone Properties and Rhind v Astbury?

1.In Rhind- the claimant failed to satisfy s1(3)a as the occupier didn't know there was an obstruction in the like

2. In Donogue the claimant failed to satisfy s1(3)b as the occupier did not have reasonable grounds to believe a trespasser would be swimming off Folkestone harbour


What is the rule in The Calgarth?

When you invite someone into your house to use the staircase, you don't invite them to slide down the banisters