Q&A Flashcards
(23 cards)
Joel v Morrison [1834]
Servant’s negligent act during a detour
Distinguishes between incidental deviations and substantial detours (frolic)
Rylands v Fletcher [1868]
Reservoir flooding coal mines
Strict liability for hazardous substances escaping land
Nichols v Marsland [1876]
Artificial lakes burst due to extraordinary rainfall
‘Act of God’ defence for extraordinary natural events
St. Helen’s Smelting Co v Tipping [1865]
Pollution damaged plaintiff’s trees
Actionable nuisance as substantial interference with property enjoyment
Donoghue v Stevenson [1932]
Decomposed snail in ginger beer
Neighbour principle: duty of care based on reasonable foreseeability
Hazeldine v Daw [1941]
Injury from faulty elevator repaired by contractor
Occupiers’ liability includes ensuring contractors’ safety
Century Insurance Co v NI Transport Board [1942]
Employee caused explosion by throwing a match
Employer liable for employee acts within employment scope
Bolton v Stone [1951]
Cricket ball injury from adjoining field
Liability based on magnitude and foreseeability of risk
Paris v Stepney Borough Council [1951]
Worker blinded due to lack of protective goggles
Greater precautions for vulnerable individuals
Latimer v AEC Ltd [1953]
Slip in factory despite precautions
Precautions must be reasonable balancing risk and practicality
Stapley v Gypsum Mines Ltd [1953]
Miner killed ignoring safety instructions
Contributory negligence when claimant partly responsible
Bolam v Friern Hospital Management Committee [1957]
Patient injured due to lack of restraints
Professionals judged by accepted standards in their field
Wells v Cooper [1958]
Visitor injured by poorly fixed door handle
Laypersons held to competent amateur standard
The Wagon Mound (No. 1) [1961]
Oil spill leading to fire
Liability limited to foreseeable harm
Halsey v Esso Petroleum [1961]
Noise and pollution from oil depot
Substantial interference from noise/pollution constitutes nuisance
Barnett v Chelsea & Kensington Hospital [1969]
Patient died despite hospital negligence
‘But-for’ causation: negligence must directly cause harm
Morris v Murray [1991]
Plaintiff injured flying with intoxicated pilot
No liability if claimant voluntarily accepts known risks
Alcock v Chief Constable of South Yorkshire [1991]
Psychiatric harm from witnessing Hillsborough disaster
Criteria established for secondary victim claims
Caparo Industries plc v Dickman [1990]
Economic loss from reliance on audits
Duty of care test: foreseeability, proximity, fairness
White v Chief Constable of South Yorkshire [1999]
Police psychiatric harm from disaster involvement
Rescuers must meet secondary victim criteria unless endangered
Gray v Thames Trains [2009]
Claimant committed crime after psychiatric harm
Illegality defence bars compensation for criminal acts
Covenant v Lawrence [2014]
Noise from motor-racing stadium
Noise disturbances actionable if significantly interfering
Montgomery v Lanarkshire Health Board [2015]
Patient uninformed of childbirth risks
Medical informed consent: patients informed of material risks