Paper 2 Section B Flashcards

Question

Duty of Care | Negligence

Answer 1

a) Neighbour principle - **Donoghue v Stevenson** b) Is a DOC already established in precedent? - **Robinson**(only use C v D test in new and novel situations) c) Caparo v Dickman test **if needed** | Negligence

Answer 2

1. Damage reasonably forseeable? - **Kent v Griffiths, Jolley v Sutton LBC, Topp v London Country Bus** 2. Proximate relationship - **Bourhill v Young, McLoughlin v O'Brien** 3. Fair, just and reasonable - **Hill v Chief Constable of West Yorkshire, Watt v Hertfordshire CC** | Negligence

Answer 3

Broken based on an objective standard of care (the reasonable person) 1. Professionals - **Bolam v Friern Barnet Hospital ** 2. Learners - **Nettleship v Weston** 3. Children - **Mullin v Richards** | Negligence

Answer 4

1. Special characteristics - **Paris v Stepney Borough Council ** 2. Small risk (Less precaution) - **Bolton V Stone** 3. Large risk (More precaution) - **Haley v London Electricty Board ** 4. Appropriate precautions - **Latimer v AEC Ltd** 5. Known risks - **Roe v Minister of Health** 6. Public benefit - **Watt v Hertfordshire CC** | Negligence

Answer 5

* Factual (breach caused the damage) - **Barnett v Chelsea and Kensington Hospital Management Committee ** * Legal - no intervening events | Negligence

Answer 6

* Must be reasonably forseeable - **The Wagon Mound** * Type of injury - **Hughes v Lord Advocate, Bradford v Robinsons Rentals** * Egg shell skull - **Smith v Leech Brain** | Negligence

Answer 7

Person who can take an action has to have an interest in the land affected **(Read v Lyons)** | Rylands V Fletcher

Answer 8

D = owner/occupier of the land who satisfies all four aspects of the tort and must have some control over the land. | Rylands v Fletcher

Answer 9

D must bring something onto the land that is not naturally present e.g. not weeds **(Giles v Walker** or rainwater that accumulated naturally **(Ellison v MOD)** | Rylands V Fletcher

Answer 10

Escape doesn't have to be forseeable, damage must be e.g. gas **(Transco)**, a 'chair-o-plane' **(Hale v Jennings Bros)** or flammable materials **(LMS v Styrene Packaging) ** Has to be the **thing stored** that escapes not just a fire spreading **(Stannard v Gore)** | Rylands v Fletcher

Answer 11

**Rickards v Lothian** - "some special use bringing with it **increased danger** to others, and **not merely by the ordinary use ** of land or such a use as is proper for the general **benefit** of the community" e.g. a domestic water supply even if man made is ‘ordinary’ and therefore not non-natural **(Rickards v Lothian)** | Rylands v Fletcher

Answer 12

* If something benefits the community it may not be non-natural** (British Celanese v AH Hunt Ltd)** * If something is particularly dangerous then it is more likely to be non-natural - **Cambridge Water Co v Eastern Counties Leather** (chemicals polluting water) | Rylands v Fletcher

Answer 13

Damage must be forseeable - e.g. **Cambridge Water Co -**(millions of pounds spent by the water company to move their business elsewehere was not forseeable) | Rylands v Fletcher

Answer 14

* Consent (Volenti) * Contributory negligence * Statutory authority * Act of a stranger - **Perry v Kendricks Transport Ltd (1956)** * Act of God - **Nichols v Marsland (1876)** | Rylands v Fletcher

Answer 15

An employer is liale if a tort is commiteed by an employee in the course of their employment | Vicarious Liability

Answer 16

3 tests - clear employment | Vicarious Liability

Answer 17

Independent contractor is someone who is told what to do, whereas an employee is also told how to do it - **Walker v Crystal Palace FC, Mersey Docks v Coggins** | Vicarious Liability

Answer 18

More closely a worker is involved with the core business of the employment the more likely he is to be an employee - **Cox v Ministry of Justice** | Vicarious Liability

Answer 19

Considers various factors which may indicate employment/self-employment **(Ready Mixed Concrete v Minister of Pensions** Factors considered: * Ownership of tools/equipment * Method of payment * Tax and pension deducted from wages * Description of role * Independence and flexibilty | Vicarious Liability

Answer 20

1. Means of compensation (e.g. insurance) 2. Tort was committed as a result of activity undertaken by the tortfeasor on behalf of D 3. Tortfeasor's activity is likely to be part of the D's business activity 4. D has created risk of the tort being committed by the tortfeasor by employing them 5. D maintains a degree of control over the tortfeasor | Vicarious Liability

Answer 21

* E v English Province * Catholic Child Welfare Society * Cox v MOJ * Barclays Bank v Various * Muhamed v Morrisons | Vicarious Liability

Answer 22

* Can be multiple employers - **Viasystems v Thermal Transfer Ltd** * If tortfeasor is deemed to be an **independent contractor** then the employer cannot be vicariously liable - **Barclays Bank v Various Claimants, Morrisons v Various Claimants **

Answer 23

Employee must commit the wrongdoing during employment | Vicarious Liability

Answer 24

Employee doing their job but acts against orders in the way they do it, employer can be liable (depends how explicitly forbidden) - **Limpus v London General, Rose v Plenty, Twine v Beans Express** | Vicarious Liability

Answer 25

Employee commits a crime during his work, the employer can be liable to victim of ther crime if there is a **close connection** between the crime + what the employee was employed to do - **Lister v Hesley Hall, N v Chief Constable of Manchester Police, Mattis v Pollock** | Vicarious Liability

Answer 26

If employee does a job badly, the eomployer can be liabke for his actions which cause injury to another - **Century Insurance v NI Road Transport** | Vicarious Liability

Answer 27

Employee causes a tort while doing something outside the area/time of their work, the employer will not be liable - **Smith v Stages, Hilton v Thomas Burton** | Vicarious Liabilitty

Answer 28

Employee commits a tort by doing something outside his employment, the employer will not be liable - **Beard v London General Omnibus ** | Vicarious Liability