Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

la > jj > Flashcards

jj Flashcards

(108 cards)

Start Studying
1
Q

Cutter v Powell (1795)?

A

Facts: Cutter agreed to be paid only if he completed a full sea voyage. He died before finishing.
2. Procedure: His wife, Mrs. Cutter, sued for payment for the work he had done.
Legal Issues: Did Cutter’s partial performance entitle his wife to some payment?
Outcome: The court ruled no payment because the contract required full completion.

General Rule: No. Where a contract explicitly requires full performance as a condition for payment, failure to complete means no entitlement to any remuneration.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What was the main question in Re Moore & Co. v Landauer & Co. [1921]?

A

Facts: Moore & Co. sold canned fruit in cases of 30, but some arrived in cases of 24.
2. Procedure: Landauer & Co. refused to accept the goods and sued.
3. Legal Issues: Does a small difference in contract terms allow rejection of goods?
4. Outcome: Exact terms must be followed, so Landauer could refuse the goods.

General Rule: Yes. Exact performance is required, and deviations from agreed terms, even if minor, can justify rejection of goods.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is the ruling in Roberts v Havelock (1832) regarding partial performance?

A

Procedure: Roberts asked for payment for the repairs he had completed.
3. Legal Issues: Can payment be claimed for incomplete work?
4. Outcome: The court ruled Roberts could be paid for what he had finished.

General Rule: Yes. Where the contract does not require full completion before payment, the contractor may claim payment for work done.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

In Sumpter v Hedges [1898], can a contractor claim payment for incomplete work under a lump sum contract?

A

Facts: Sumpter, a builder, ran out of money and abandoned work on Hedges’ house.
Procedure: Sumpter sued Hedges for payment for the unfinished work.
Legal Issues: Can a builder demand payment for incomplete work?
Outcome: Since Hedges had no choice but to finish the work himself, he didn’t have to pay.

This case emphasizes the strict requirement of full performance in lump sum contracts.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What principle was established in H. Dakin & Co. Ltd v. Lee [1916]?

A

Facts: Dakin & Co. built a house for Lee but made minor mistakes.
2. Procedure: Lee refused to pay, arguing the work was not perfect.
3. Legal Issues: If most of the contract is completed, should payment still be made?
4. Outcome: Since errors were small, Lee had to pay, but could deduct the cost of repairs.

General Rule: Yes. Substantial performance allows for payment, subject to deductions for defects.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What was the key issue in Bolton v Mahadeva [1972]?

A

Facts: Bolton installed a heating system for Mahadeva, but it didn’t work properly.
2. Procedure: Bolton sued for full payment.
3. Legal Issues: Can a contractor be paid for defective work?
4. Outcome: Bolton could not claim payment since the heating system was faulty.

General Rule: If defects are major, the work is not considered sufficiently performed to warrant payment.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

In Planche v Colburn (1831), is a party entitled to payment if they are prevented from completing their performance by the other party?

A
  1. Facts: Planche was hired to write a book, but Colburn canceled the project.
  2. Procedure: Planche sued for the work he had already done.
  3. Legal Issues: If one party cancels a contract, does the other still get paid?
  4. Outcome: Planche should be paid for the work completed.

This case illustrates the rights of a party when performance is obstructed by another.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What does it mean to tender goods in Levey & Co v Goldberg [1922]?

A
  1. Facts: Planche was hired to write a book, but Colburn canceled the project.
  2. Procedure: Planche sued for the work he had already done.
  3. Legal Issues: If one party cancels a contract, does the other still get paid?
  4. Outcome: Planche should be paid for the work completed.

General Rule: Yes. If a seller properly tenders delivery, they have performed their obligation, and the buyer cannot refuse without justification.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Charles Rickards Ltd v Oppenheim [1950]?

A

Facts: Oppenheim ordered a car, which was delayed, buyer allowed delays (now
denoline.
2. Procedure: Rickards sued for payment as buyer cancel as car was arriving too late.
Legal Issues: If someone allows delays, can they later cancel the contruct?
Outcome: Since Oppenheim had accepted delays, he could not cancel at the last moment but could ask for damages.

This emphasizes the flexibility of contractual obligations under certain circumstances.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

in Krell v Henry [1903]?

A

Facts: Henry rented a room from Krell to watch King Edward’s coronation. The coronation was canceled due to the King’s iliness.
2. Procedure: Krell sued Henry for non-payment of rent.
3. Legal Issues: Frustration? when the primary purpose (viewing the coronation) becomes impossible
4. Outcome: The court ruled the contract was frustrated because the sole purpose of the agreement (viewing the procession) could not be fulfilled. Henry was not required to pay.

This case highlights the significance of the underlying purpose of a contract.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

In Herne Bay Steam Boat Co v Hutton [1903], does frustration apply if only part of a contract’s purpose is defeated?

A

Facts: Hutton hired a boat from Here Boat to watch the naval review and take a day cruise. The naval review was canceled, but the boat was still available for the cruise.
2. Procedure: Hutton refused to pay, claiming the contract was frustrated.
3. Legal Issues: Is a contract frustrated when only part of the purpose (naval review)
becomes impossible?
4. Outeome: There was no frustration because the boat was still available for a day cruise.
Hutton was required to pay.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is anticipatory breach, as illustrated by Hochster v De La Tour (1853)?

A

1- Facts: Tour hired Hochster as a courier but canceled the contract before the start date.
2- Procedure: Hochster sued for damages before the contract’s performance was due.
3- Legal Issues: Can a party sue for breach before the contract’s start date?
4- Outcome: Yes, anticipatory breach applies. Hochster could claim damages immediately.

General Rule: Yes. Anticipatory breach allows an innocent party to claim damages as soon as the breach is communicated.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

In The Hongkong Fir [1962], does any breach justify termination, or only serious breaches?

A

1- Facts: The Hongkong Fir ship was chartered to Kawasaki, but due to poor maintenance, it was delayed for repairs.
2- Procedure: Kawasaki terminated the contract, claiming a breach of a contract term.
3- Legal Issues: Does any breach allow termination?
4- Outcome: No, only a serious breach that deprives a party of the contract’s main benefit justifies termination.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What does the Law Reform (Frustrated Contracts) Act 1943 state regarding payments made before frustration?

A

Payments made before frustration can be recovered.

This act outlines the financial implications of contract frustration.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Johnson Agnew

A

Facts: Agnew agreed to sell a property to Johnson but later refused to complete the sale.
Johnson wanted specific performance to enforce the contract.
2. Precedure: Johnson obtained an order for specific performance, but Agnew still did not comply. Johnson then wanted damages.
3. Legal Issues: Can switch from specific performance to damages after a court order?
4. Outcome: House of Lords ruled that if specific performance is impossible/unfair, the
innocent party can claim damages. = specific performance not always the best remedy.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Can a contract be frustrated just because it becomes too expensive or difficult to perform, as seen in Edwinton v Tsavliris (The Sea Angel) [2007]?

A

Facts: Tsavliris rented the Edwinton’s boat for a rescue job, but the ship was held by the government after the contract ended.
2- Procedure: Edwinton claimed the contract was frustrated because he couldn’t get the ship back.
1- Legal Issues: Does a government delay cancel a contract?
2- Outcome: No Frustration. The delay was predictable.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Sky Petroleum Ltd v VIP Petroleum Ltd [1974]?

A

2.
Facts: VIP tried to cancel the Long-Term contract with Sky during a fuel shortage.
Procedure: Sky Petroleum sued for specific performance to enforce the supply of petrol.
Legal Issues: Can specific performance be ordered, even if damages arc usually the remedy?
Outcome: Injunction = forcing VIP Petroleum to continue supplying fuel. Because
petrol was scarce, damages would not have been an adequate remedy.

Specific performance is rarely granted for goods, but where damages are insufficient, it may be ordered.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Patel v Ali [1984]?

A

BMiaN - Severe Hardship
Ali v Patel
Facts: Patel agreed to sell his house to Ali but later refused to complete the sale.
Procedure: Ali sued for specific performance. The court - forcing the sale was fair?
Legal Issues: Can specific performance be denied due to hardship?
Outcome: The court refused specific performance because Patel’s wife had severe health issues, and forcing the sale would cause undue hardship.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What does ‘clean hands’ mean in the context of seeking specific performance, as seen in Shell UK Ltd v Lostock Garage Ltd [1976]?

A

Facts: Lostock had a contract to buy petrol from Shell. Shell sold petrol cheaper to nearby competitors, harming Lostock → It wanted Shell to supply fuel at lower prices.
2. Procedure: Lostock sued Shell for specific performance of fair pricing.
3. Legal Issues: Specific performance if one party has no obligations in return?
4. Outcome: No specific performance, stating that it could not force Shell to change its pricing strategy. Since Shell had no obligation to protect Lostock.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Can a court order specific performance requiring ongoing business operations, as seen in Coop Insurance Society v Argyll Stores Ltd [1998]?

A

Facts: Argyll Stores leased a supermarket from Co-op but closed it before the lease ended. Co-op wanted Argyll to keep the store open.
Procedure: Co-op sued for Argyll to continue operating the store.
3. Legal Issues: Can a court order a business to continue operating under a contract?

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Can a court prevent a party from breaching an exclusivity agreement, as seen in Warner Bros Pictures Inc v Nelson [1937]?

A

Facts: Warner Bros signed a contract with actress Bette Davis, preventing her from working for competitors. She later tried to act for another studio.
Procedure: Warner Bros sued to stop her from breaching the contract.
Legal Issues: Can stop someone from working elsewhere if they break a contract?
Outcome: Yes, prohibitory injunction, preventing Davis from acting for other studios but not forcing her to work for Warner Bros.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Can an injunction prevent a party from breaching exclusivity terms, as seen in Araci v Fallon [2011]?

A

Facts: Fallon agreed to ride Araci’s horse in a race but panned ride a rival horse instead.
Procedure: Araci wanted an injunction to stop Fallon from racing for the competitor.
Legal Issues: Injunction stop someone from breaching a contract before breach happens?
4. Outcome: Yes, prohibitory injunction, preventing Fallon from riding the rival horse, as damages would not be enough.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Can a mandatory injunction compel a party to reverse wrongful eviction, as seen in Luganda v Service Hotels [1969]?

A

Facts: Luganda was illegally ejected from a hotel property by Hotels.
2. Procedure: Luganda wanted a mandatory injunction.
3. Legal Issues: Can the court order a party to reverse an unlawful action?
4. Orcome: Yes, mandatory injunction, forcing Hotels to restore Luganda’s property.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Should damages cover repair costs or only the diminution in value, as seen in Watts v Morrow [1991]?

A
  1. Facts: Watts bought a house based on a report but later found serious defects.
    Procedure: Watts sued for the cost of repairs and distress caused by the defects.
    Legal Issues: Can damages cover both repair costs (cost of cure) and emotional distress?
    Outcome: No cost of cure; damages were limited to the difference in value (+ compensation for distress be special cases.)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Should damages be limited to loss of amenity when cost of cure is disproportionate, as seen in Ruxley Constructions v Forsyth [1995]?
Facts: Ruxley built a pool darker than agreed; Forsyth wanted the cost of rebuilding it. 2. Procedure: Forsyth sued for the expectation loss to rebuild the pool. 3. Legal Issues: Can a party claim the cost of fixing a defect if it doesn't reduce value? 4. Outcome: No cost of cure; damages were awarded for loss of enjoyment.
26
Can a claimant recover pre-contractual expenses as reliance damages, as seen in Anglia Television v Reed [1972]?
Facts: Anglia TV hired Reed for a film, but he canceled before shooting started. Procedure: Anglia sued for wasted costs instead of lost profits. Legal Issues: Can a party claim expenses spent in prep instead of expectation loss? Outcome: Yes, reliance loss, all wasted costs before and after the contract.
27
Are damages recoverable for all losses resulting from a breach, as seen in Hadley v Baxendale (1854)?
Facts: Board placed a warning sign but no barriers. Blind pedestrian, Haley, fell into the trench and suffered injuries. Procedure: I sued for negligence, arguing that I should have considered blind pedestrians' safety, 3, Legal Issues: Reusonably forescenble? Board owe a duty of care? 4. Outeome: Board owed a duty of care to all rond users, Including blind pedestins, an their presence was reasonably foresceable.
28
Are damages determined solely by foreseeability or by industry practice, as seen in The Achilleas (2008)?
Industry norms may limit liability, even if loss was foreseeable, where a party did not assume responsibility for that loss.
29
BOURHILL V YOUNG
Facts: A motorcyclist (Young) was involved in a fatal crash. Bourhill, a pregnant woman, did not witness the accident but saw the aftermath. She suffered miscarriage. Procedure: Bourhill claimed the motoreyclist owed her a duty of care. 3. Legal Issues: Young owe duty of care to B not directly involved in the accident? 4. Outcome: No liability, ruling that insufficient proximity - couldn't foresee.
30
Smith v littlewood
Facts: Criminals set fire to an empty cinema, damaging nearby property. Procedure: Neighbors sued Littlewoods for failing to secure the site. Legal Issues: Owner owe a duty to prevent vandalism? Outeome: No, vandalism was not foresceable, no duty.
31
Robinson v Police
Facts: Police tackled a suspect during an arrest, knocking over old woman (Robinson). Procedure: Robinson sued the police for negligence. Legal Issues: Police owe a duty of care during arrest? 4. Outcome: Yes, police liable as their actions directly caused foresecable harm.
32
COUNCIL V LEWIS
Facts: A child escaped from school, cuusing a driver to crash and die. Procedure: The driver's widow sued the council for negligence. 3. Legal Issues: School owe a duty to supervise children to avoid damages? 4. Outcome: Yes, council liable for not controlling the child, the harm was on third party was foresecable.
33
Can a court order disgorgement of profits for breach of contract, as seen in Attorney General v Blake [2000]?
In exceptional cases, courts may award restitutionary damages to prevent unjust enrichment from a breach.
34
What is the standard definition of negligence, as established in Blyth v Birmingham Waterworks (1856)?
Negligence is the failure to do something a reasonable person would do, or doing something a prudent person would not.
35
Can a manufacturer owe a duty of care to consumers with whom they have no direct contract, as established in Donoghue v Stevenson [1932]?
Facts: Donoghue drank a ginger beer that contained a snail, causing her illness. 2. Procedure: Donoghue sued Stevenson, for negligence, despite having no direct contract. 3. Legal Issues: Manufacturer liable to a consumer without a contractual relationship? Outcome: "neighbor principle", a duty of care is owed to those who are foresceably affected.
36
Can public authorities be held liable for negligence in regulatory inspections, as seen in Anns v Merton LBC [1978]?
Facts: Residents of a building suffered damage due to bad foundations. 2. Procedure: Anns sued Merton, claiming the council had a duty of care. 3. Legal Issues: Council owe a duty of care to future residents when approving construction plans? Outcome: Two-stage test: (1) foresecability of harm, (2) whether policy limit liability.
37
Does an auditor owe a duty of care to investors who rely on published financial statements, as determined in Caparo Industries v Dickman [1990]?
1. Facts: Caparo relied on financial statements to purchase shares in a company but later discovered inaccuracies, causing financial loss. 2. Procedure: Caparo sued the D., claiming they owed a duty of care in their reporting. 3. Legal Issues: Owe a duty of care to investors who relied on their reports? Outcome: Three-stage test for duty of care: (1) foresceability. (2) proximity in relationship, and (3) faimess/reasonableness. Failed - as the duty was to the company, not investors.
38
Do non-medical staff owe a duty of care to patients, as established in Darnley v Croydon NHS Trust [2018]?
Yes. All NHS staff are responsible for patient safety, including administrative personnel.
39
Nestleship v Weston
Facts: Learner driver (Weston) crashed and injured instructor (Nettleship). 2. Procedure: Nettleship sued for negligence. Legal Issues: Should a learner be held to the same standard as a qualified driver? 4. Outcome: Yes breach, driving is dangerous, so all drivers must meet the standard.
40
Bolam v hospital
Jam y Hospal 1. Facts: Bolam underwent electroconvulsive therapy and suffered injuries. Procedure: He sued the hospital, claiming negligence. Legal Issues: Was the hospital negligent for treatment? Outcome: No breach of duty, if competent doctors agrees with method -> valid Bolam Test.
41
Barnett v kensington
Facts: A hospital sent a poisoned patient home without treatment, and he later died. 2. Procedure: His widow sued for negligence. 3. Legal Issues: Did the hospital's failure to treat cause his death? 4. Outcome: No, even with proper care, he would have died → No causation under the "But for" test.
42
Must precautions account for people with disabilities, as established in Haley v London Electricity Board [1965]?
Yes. The defendant must anticipate risks to all potential users, including those with disabilities.
43
cook v lewis
1. Facts: Two hunters shot at the same time, but it was unclear who hit the claimant. 2. Procedure: The claimant sued both for negligence. 3. Legal Issues: Can liability be imposed when it's uncertain who caused the harm? 4. Outcome: Both defendants were liable.
44
greg v scott
1. Facts: Scott delayed cancer diagnosis reducing survival chance from 42% to 25%. Procedure: The patient sued for negligence, arguing he lost a chance of recovery. 3. Legal Issues: Can a reduced chance of survival be compensated? 4. Outcome: No, since the original chance was already under 50%.
45
wilsher v essex
Facts: A baby developed blindness, which could have been caused by different factors, including excessive oxygen given by doctors. 2. Procedure: Parents sued Essex Hospital, claiming medical negligence caused blindness. Legal Issues: Could the hospital be liable when multiple causes existed? Outcome: No liability, failed to prove that the doctor's mistake was the main cause.
46
Bonnington v Wardlaw
Facts: Wardlaw inhaled dust at work, from negligence and natural exposure. Procedure: He sued B., arguing negligence caused his lung disease. 3. 4. Legal Issues: Does exposure to harmful dust create liability? Outcome: Yes liability, since negligence contributed to the harm.
47
Mc gee v Coal
Facts: McGhee got skin disease due to dust exposure be facilities unwashed. 2. Procedure: He sued, arguing the lack of washing - risk of illness. 3. Legal Issues: Employer liable for increased risk? 4. Outcome: Yes liability, negligence led to harm.
48
chandler v cape
Facts: Chandler was exposed to dusts by a subsidiary of Cape and became ill. 2. Procedure: He sued the Cape, arguing they had control. Legal Issues: Can a parent company be liable for a subsidiary's negligence? YES liable, parent company had control over safety
49
steamshi v norvegian
Facts: A ship damaged in a collision later suffered storm damage, Procedure: The owner sued the first ship for all damages. Legal Issues: Liabie for both damages? Outcome: No, the storm was a new event that broke the chain.
50
Bourhill v Young [1943]?
Facts: A motoreyelist (Young) was involved in a fatal crash. Bourhill, a pregnant woman, did not witness the accident but saw the aftermath. She suffered miscarriage. Procedure: Bourhill claimed the motoreyclist owed her a duty of care. 3. Legal Issues: Young owe duty of care to B not directly involved in the accident? 4. Outcome: No liability, ruling that insufficient proximity - couldn't foresee.
51
Kesinghtley v Johns
1. Facts: After Johns' car crash, police officer sent another officer the wrong way, causing another accident. Procedure: The second officer sued Johns. Legal Issues: Was Johns liable for the second crash? 4. Outcome: No, the police error was a new cause.
52
What must a defendant do regarding risks, as established in Stovin v Wise [1996]?
A council failed to remove a hazardous obstruction at a location where they were aware of the risk.
53
Mckew v Holland
1. Facts: McKew's injured leg (caused by employer) was hurting him = he jumped downstairs instead of sitting down. Procedure: He sued his employer for further injuries. Legal Issues: Was his own reckless action a new cause? Outcome: Yes, his jump was unreasonable, breaking the chain.
54
Spencer v Wincanton
Facts: Spencer, an amputee, fell at a petrol station. Procedure: He sued his employer, who had caused his original injury. Legal Issues: Did his fall break the chain? Outcome: No, his act was not reckless (reasonable), so causation remained.
55
Wieland v Carpets -
No Break in Causation Facts: Wieland fell due to balance issues from an earlier injury. Procedure: She sued for all injuries. Legal Issues: Did her fall break the chain of causation? Outcome: No still liable, the second injury was foresceable.
56
Wagon Mound
Facts: A ship leaked oil into the water, which later caught fire and burned a dock. Procedure: The dock owners sued the shipowners. Legal Issues: Was the fire damage foresceable? Outcome: No, the fire was too remote, so no liability.
57
Tremain v Pike
Facts: A farmworker got disease from rat urine at work. Procedure: He sued his employer for not controlling rats. Legal Issues: Was this specific illness foresecable? Outcome: No, rat problems were foresceable, but disease was too rare 100 remote.
58
Smith v brain - thin skull rule
Facts: Smith had a pre-cancerous condition, got a burn at work that triggered cancer. Procedure: His family sued the employer after he died. Legal Issues: Was the employer liable for his cancer? Outcome: Yes, because the initial burn was foreseeable, even if the cancer wasn't.
59
Johnes v Livox - Contributory negligence
Facts: Jones drove dangerously on the back of a quarry vehicle and got hil Procedure: He sued for injuries. Legal Issues: Was there contributory negligence for his injury? Outcome: Yes, since he chose to take the risk, his damages were reduced.
60
Froom v Butcher
Facts: Froom was in a car accident but didn't wear a seatbelt. Procedure: He sued the other driver Legal Issues: Did not wearing a seatbelt reduce his claim? Outcome: Yes, his damages were reduced by 25%, seatbelt would
61
Sayers v Harlow
Facts: Sayers got stuck in a public toilet and tried to climb out but tell. Legal Issues: Was her climbing attempt her tault? Outcome: Yes. her compensation was reduced by 25% for not being careful!
62
gough v thorne
Facts: A 13-year-old girl crossed the road hidden by a truck; she got hit by car. Procedure: She sued the car driver who didn't want to pay damages. Leeal Issues: Was she partly responsible for crossing" Outcome: No, all fault to driver even it girl liable because she is too young (<14).
63
Morris v Murray
Morris and a pilot drank before flying. The plane crashed, killing the pilot and injuring Morns. 2. Procedure: More wued the pilot for neglige 3. Legal Issues: Did Morris accept the risk by flying with a drunk pilot? 4. Outcome: Yes, he knew the risk and still went, so no compensation.
64
Baker v Hopkins
Facts: 2 workers were trapped with toxic fumes, Dr. Baker went to save them but died. Procedure: His family sued the company. Legal Issues: Did Dr. Baker accept the risk? 4. Outcome: Rescuers are protected, so the company was liable.
65
Bowater v Rowley
Facts: 2 workers were trapped with toxic fumes, Dr. Baker went to save them but died. Procedure: His family sued the company. Legal Issues: Did Dr. Baker accept the risk? 4. Outcome: Rescuers are protected, so the company was liable.
66
Pitts v Hunt
Facts: Pitts, on a drunk driver's moto, encouraged reckless driving. Crashed, Pitts injured. 2. Procedure: Pitts sued the driver's (dead) => not him but his estate. 3. Legal Issues: Could he claim damages if he took part in the illegal act? 4. Outcome: No, because he encouraged the illegal driving.
67
Gray v Trains
Facts: Gray developed PTSD after a train crash and later killed someone. 2. Procedure: He sued the train company for his PTSD, saying it led to his crime. 3. Legal Issues: Could he get damages? 4, Outcome: No, the court refused to reward a criminal act.
68
Patel v Mirza
Facts: Patel gave Mirza £620,000 for insider trading, but the trade never happened. 2. Procedure: Patel wanted his money back, but Mirza said no. 3. Legal Issues: Could Patel recover his money from an illegal agreement? 4. Outcome: Yes, since he was not profiting from a crime, just getting his money back.
69
Must precautions account for people with disabilities?
Yes. The defendant must anticipate risks to all potential users, including those with disabilities. ## Footnote This is crucial to ensure inclusivity and safety for all individuals.
70
Can a duty of care extend to people indirectly affected by an incident?
No. There must be sufficient proximity between the defendant and the claimant. ## Footnote This means that the relationship must be close enough to impose a duty.
71
Can a public body be held liable for failing to act?
Generally, no. Liability for omissions arises only where a duty has been assumed. ## Footnote This reflects the principle that public bodies are not liable for every failure to act.
72
Can a property owner be liable for third-party actions on their land?
Usually no, unless they created or failed to mitigate the danger.
73
Can an institution be responsible for third-party actions?
Yes. When responsibility is assumed over third parties (e.g., children), a duty of care exists.
74
Can a contractor be liable for third-party crimes?
Yes. If a contractor creates a foreseeable risk, they owe a duty to prevent harm.
75
Do local authorities owe a duty of care to protect children from abuse?
Generally, no. Public policy considerations often limit liability.
76
Do police officers owe a duty of care during operational activities?
Yes. Police are liable for foreseeable harm caused by positive acts, but not for general crime prevention failures.
77
Do police owe a duty of care in criminal investigations?
No. There is no general duty to prevent crime or protect individuals from criminals.
78
What is the standard of care in professional negligence cases?
The Bolam Test states that a professional is not negligent if they acted in accordance with a practice accepted by a responsible body of professionals.
79
Can a court reject a body of expert opinion if it is not reasonable?
Yes. The Bolitho Test refines Bolam, allowing courts to disregard expert opinions that are not logically defensible.
80
Does a learner driver owe the same duty of care as an experienced driver?
Yes. The standard of care is objective, meaning all drivers—including learners—must meet the standard of a competent driver.
81
Can the police be liable for negligence in operational decisions?
Yes. Where police actions directly cause harm, they can be held liable.
82
Do the police owe a duty of care to individuals in danger?
Courts ruled there was no liability due to public policy concerns.
83
Can a defendant be liable if negligence occurred but would not have changed the outcome?
No. The 'but for' test applies—if the harm would have occurred anyway, there is no liability.
84
Can liability be imposed when multiple defendants acted negligently but causation is uncertain?
Yes. When two negligent parties contribute to a harm, joint liability may be imposed.
85
Can a claimant recover damages for loss of chance?
No. If a claimant cannot show that, on the balance of probabilities, negligence caused the harm, no liability arises.
86
Is a reduction in survival probability enough for a claim in negligence?
No. A claim must prove that negligence likely (over 50%) caused the harm.
87
Can liability arise when negligence is only one of several potential causes?
No. If multiple independent factors could have caused the harm, causation must be proven conclusively.
88
Can an employer be liable if their negligence contributed to harm but was not the sole cause?
Yes. If negligence materially contributes to harm, liability arises.
89
Can an employer be liable for increasing the risk of harm?
Yes. If negligence materially increases risk, causation may be inferred.
90
When multiple employers expose workers to the same risk, who is liable?
All employers are jointly liable if each contributed to a material increase in risk.
91
Can a natural event break the chain of causation?
Yes. If an unforeseeable natural event causes additional damage, the original negligence is not liable for the subsequent harm.
92
Can a claimant’s own conduct break the chain of causation?
Yes. If a claimant’s unreasonable actions contribute to further harm, liability may be excluded.
93
Does further injury resulting from an initial harm count as contributory negligence or break causation?
Contributory negligence applies unless the claimant’s actions are so unreasonable as to break causation.
94
Can a third party’s actions break causation?
Yes. If a third party’s actions are highly unforeseeable, they break the chain of causation.
95
Is a defendant liable for secondary injuries caused by initial harm?
Yes. If the claimant’s response to an injury is reasonable, the defendant remains liable.
96
Must damage be foreseeable to be recoverable?
Yes. Liability arises only for harm that is a reasonably foreseeable consequence of negligence.
97
Can liability arise for highly unusual injuries resulting from negligence?
No. If a specific harm is unforeseeable, liability is excluded.
98
Does a defendant remain liable if a claimant’s pre-existing condition worsens the injury?
Yes. Under the 'thin skull' rule, defendants take claimants as they find them.
99
Can a claimant’s own recklessness reduce damages in negligence claims?
Yes. If a claimant fails to take reasonable care for their own safety, damages can be reduced under contributory negligence.
100
Can failing to wear a seatbelt be considered contributory negligence?
Yes. Courts apply standard deductions based on the severity of the injury.
101
Does an attempt to escape a dangerous situation count as contributory negligence?
Yes. The claimant’s risky escape attempt justified a reduction in damages.
102
Can children be held contributorily negligent?
Generally no. Children are not held to the same standard as adults unless their actions were clearly unreasonable.
103
Can voluntarily engaging in risky behavior prevent a claim in negligence?
Yes. The claimant’s acceptance of the risk (volenti) barred recovery.
104
Does the volenti defense apply in rescue situations?
No. Rescuers are not considered to have voluntarily assumed the risk.
105
Can an employee be found to have accepted a risk simply by following employer instructions?
No. Volenti does not apply when an employee is compelled to take a risk.
106
Can a claimant recover damages if they were engaged in an illegal act?
No. Illegality (ex turpi causa) prevents claims arising from unlawful acts.
107
Can damages be awarded for losses caused by a claimant’s own criminal actions?
No. The illegality defense bars recovery for self-inflicted harm resulting from crime.
108
Can a claimant recover money paid under an illegal contract?
Sometimes. Courts assess whether denying the claim would disproportionately harm legal principles.

la (2 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions