Q3

Question 1

Negligent Misstatement Doctrine

Answer 1

Hedley Byrne v Heller – No duty arose because A’s casual remark lacked responsibility and foreseeability; the advice was not seriously given nor relied on in a formal setting.

Question 2

1. Contributory Negligence

Answer 2

Stapley v. Gypsum Mines Ltd.
Miners rock falls, contributed to harm to self

Question 3

2. Voluntary Assumption of Risk

Answer 3

Morris v Murray – Claimant accepted the risk by flying with a drunk pilot; consent barred the claim.

Question 4

3. Illegality (Ex Turpi Causa)

Answer 4

Gray v Thames Trains – No recovery for harm suffered due to own unlawful act; claimant killed a man while mentally ill from PTSD.

Question 5

4. Informed Consent in Medical Contexts

Answer 5

Chester v Afshar – Claimant not informed of small but material surgical risk; court found breach despite risk being inherent in the procedure.