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Flashcards in Difficult Tort Deck (20)
1

Stark v Post Office.

Statutory obligations are often strict

2

Smith v Baker

Workers do not consent to risks

3

Caswell v Powell

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

4

Wheeler v New Merton Mill

No volenti in statuory cases

5

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

6

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

7

Lister v Hesley Hall

Intentional and even illegal acts can still result in vicarious liability

8

Rose v Plenty

Mikround case- vicarious liability found

9

Poland v Parr

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

10

Warren v Henley's

The employer was not liable for the employee punching a customer

11

Twine v Bean's express

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

12

Hilton v Thomas Burton

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

13

Harvey v O'Dell

Getting lunch was not on a "frolic"

14

General Cleaning Contractors v Christmas

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

15

Bux v Slough Metal

The employer must supervise the safe system of work

16

Century Instance v NI Road Transport Board

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

17

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

18

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

19

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

20

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