Negligence cases Flashcards
(11 cards)
Case example of secondary victim affected by negligence?
McLoughlin v O’Brian - Mcloughlin children involved in car accident due to dangerous driving, when she visited them in hospital she suffered trauma and O’Brien was found negligent.
This was a landmark case as it was in supreme court (doctrine of binding precedent)
Case that established criteria for if secondary victims experienced negligence?
And what are the 4 criterias
Alcock v Wright
1) A close tie of love and affection
2)Proximity (time and space) to event
3)Was the psychiatric injury caused directly from the negligent party
4)Must have an actual diagnosed condition e.g PTSD or Depression
Case that set the precedent for determining if a duty of care existed?
What are the 3 stages of the test?
Caparo Industries PLC v Dickman
1)Was the harm reasonably foreseeable?
2)Was there close proximity to the victim; emotionally, physically or temporally?
3)Is it fair, just and reasonable to impose a duty of care?
Case that established the neighbour principle?
Donoghue v Stevenson (1932) – A woman fell ill after drinking ginger beer containing a decomposed snail. The court ruled the manufacturer owed a duty of care, creating the “neighbour principle” – you must take reasonable care to avoid acts that could harm your neighbour (those closely and directly affected by your actions).
Case that that established the elements required for a successful general negligence claim and what are they?
Donoghue v Stevenson (1932)
1)Duty of cared owed (to the woman drinking the drink)
2)Defendant breached that duty (snail in the drink)
3)Was the harm caused by the defendant foreseeable to cause damage
Case that mentioned the practicalities of precautions?
Hayley v London Electricity Board (1965)
Blind man fell down hole, no provisions in place for blind people so found negligent.
Case mentioning a successful defence for negligence?
Ashton v Turner (1980)
Burglar injured in get away car, tried to sue the getaway driver. negligence not found.
Case for Pure and regular economic loss?
Spartan Steel and Alloys LTD v Martin (1973)
Defendant cut through cable running to the claimants factory, causing furnaces to shut down.
1)Pure- claimant was eligible for loss of profit that would have been generated from selling the metal.
2) regular- claimant was eligible for damages from the metal that was in the furnace at the time of the power cut
What case illustrates the four criteria required to claim for pure economic loss from a negligent misstatement?
Morgan Crucible v Hill Samuel (1991) –
The case showed that a duty for economic loss may arise if four criteria are met:
1)A special relationship of trust or confidence,
2)The defendant voluntarily assumes responsibility,
3)The claimant relies reasonably on the statement, and
4)The defendant knows the purpose for which the information will be used. Early takeover statements created sufficient proximity and foreseeability for a duty of care.
Driver owed road users and pedestrians duty of care
Robinson V CC of West Yorkshire Police
Which test decides if damage was linked to breach of duty
‘But for’ test
