Q 1 & 2 Flashcards
(23 cards)
Negligence and standard of care in driving
Nettleship v Weston – Even learner drivers must meet the standard of a reasonable driver.
Factual causation using the ‘but for’ test
Barnett v Chelsea & Kensington Hospital – The hospital’s negligence didn’t cause death as it was inevitable.
Foreseeability and remoteness of damage
Wagon Mound (No. 1) – Liability only extends to foreseeable types of harm.
Volenti non fit injuria as a defence
Morris v Murray – Passenger voluntarily accepted the risk of flying with a drunk pilot.
Strict liability for escape of dangerous substances
Rylands v Fletcher – Defendant liable for damage caused by escape of petrol from his land.
Foreseeable third-party actions not breaking causation
Stansbie v Troman – Decorator left house unlocked; burglary occurred.
Private nuisance for interference with enjoyment of land
Halsey v Esso Petroleum – Noise and smell from factory interfered with home use.
Definition of negligence
Blyth v Birmingham Waterworks – Negligence is ‘the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not’.
Employment status and vicarious liability
Ready Mixed Concrete v Minister of Pensions – Control and integration suggest employment.
Employer liability for acts during employment
Lister v Hesley Hall – Employer liable for torts closely connected to employment.
Detour from employment may bar liability
Joel v Morrison – Substantial deviation from duties is a ‘frolic of one’s own’.
Employer liable despite dangerous act
Century Insurance v Northern Ireland Road Transport Board – Smoking during petrol transfer caused explosion; employer still liable.
Duty to road users
Donoghue v Stevenson – Drivers owe duty of care to other road users.
Secondary victim requirements
Alcock v Chief Constable of South Yorkshire – Must prove proximity, relationship, and direct perception.
Employment not enough for psychiatric injury
White v Chief Constable of South Yorkshire Police – No recovery unless personal danger present.
Proximity in psychiatric claims (Irish name)
McLoughlin v O’Brian – Proximity in time and relationship matters in shock claims.
Private nuisance from property use
St. Helen’s Smelting Co v Tipping – Damage to property from industrial fumes actionable.
Unreasonable use of land despite permission
Coventry v Lawrence – Planning permission does not negate private nuisance.
Occupiers’ liability to visitors
Hazeldine v Daw – Liability for unsafe conditions caused by contractor’s work.
Negligence as a tort independent of contract
Donoghue v Stevenson – Manufacturer liable to consumer without direct contract.
Duty of care: foreseeability and proximity
Donoghue v Stevenson – Neighbour principle established duty of care.
Economic loss from misstatements
Hedley Byrne v Heller – Duty exists if responsibility is assumed and reliance is foreseeable.
Three-part test for duty of care
Caparo v Dickman – Foreseeability, proximity, and fairness required.
