Q&A Flashcards

(23 cards)

1
Q

Joel v Morrison [1834]

A

Servant’s negligent act during a detour

Distinguishes between incidental deviations and substantial detours (frolic)

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2
Q

Rylands v Fletcher [1868]

A

Reservoir flooding coal mines

Strict liability for hazardous substances escaping land

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3
Q

Nichols v Marsland [1876]

A

Artificial lakes burst due to extraordinary rainfall

‘Act of God’ defence for extraordinary natural events

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4
Q

St. Helen’s Smelting Co v Tipping [1865]

A

Pollution damaged plaintiff’s trees

Actionable nuisance as substantial interference with property enjoyment

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5
Q

Donoghue v Stevenson [1932]

A

Decomposed snail in ginger beer

Neighbour principle: duty of care based on reasonable foreseeability

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6
Q

Hazeldine v Daw [1941]

A

Injury from faulty elevator repaired by contractor

Occupiers’ liability includes ensuring contractors’ safety

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7
Q

Century Insurance Co v NI Transport Board [1942]

A

Employee caused explosion by throwing a match

Employer liable for employee acts within employment scope

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8
Q

Bolton v Stone [1951]

A

Cricket ball injury from adjoining field

Liability based on magnitude and foreseeability of risk

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9
Q

Paris v Stepney Borough Council [1951]

A

Worker blinded due to lack of protective goggles

Greater precautions for vulnerable individuals

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10
Q

Latimer v AEC Ltd [1953]

A

Slip in factory despite precautions

Precautions must be reasonable balancing risk and practicality

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11
Q

Stapley v Gypsum Mines Ltd [1953]

A

Miner killed ignoring safety instructions

Contributory negligence when claimant partly responsible

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12
Q

Bolam v Friern Hospital Management Committee [1957]

A

Patient injured due to lack of restraints

Professionals judged by accepted standards in their field

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13
Q

Wells v Cooper [1958]

A

Visitor injured by poorly fixed door handle

Laypersons held to competent amateur standard

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14
Q

The Wagon Mound (No. 1) [1961]

A

Oil spill leading to fire

Liability limited to foreseeable harm

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15
Q

Halsey v Esso Petroleum [1961]

A

Noise and pollution from oil depot

Substantial interference from noise/pollution constitutes nuisance

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16
Q

Barnett v Chelsea & Kensington Hospital [1969]

A

Patient died despite hospital negligence

‘But-for’ causation: negligence must directly cause harm

17
Q

Morris v Murray [1991]

A

Plaintiff injured flying with intoxicated pilot

No liability if claimant voluntarily accepts known risks

18
Q

Alcock v Chief Constable of South Yorkshire [1991]

A

Psychiatric harm from witnessing Hillsborough disaster

Criteria established for secondary victim claims

19
Q

Caparo Industries plc v Dickman [1990]

A

Economic loss from reliance on audits

Duty of care test: foreseeability, proximity, fairness

20
Q

White v Chief Constable of South Yorkshire [1999]

A

Police psychiatric harm from disaster involvement

Rescuers must meet secondary victim criteria unless endangered

21
Q

Gray v Thames Trains [2009]

A

Claimant committed crime after psychiatric harm

Illegality defence bars compensation for criminal acts

22
Q

Covenant v Lawrence [2014]

A

Noise from motor-racing stadium

Noise disturbances actionable if significantly interfering

23
Q

Montgomery v Lanarkshire Health Board [2015]

A

Patient uninformed of childbirth risks

Medical informed consent: patients informed of material risks