Q4 Flashcards
(12 cards)
Negligent Misstatements
Hedley Byrne v Heller – A duty of care arises for economic loss where advice is relied upon and responsibility is assumed.
Nervous Shock
Alcock v Chief Constable of South Yorkshire Police – Claimants must prove close relationship, proximity, and direct perception of the event.
Nervous Shock (aftermath of accident)
McLoughlin v O’Brian – Witnessing the aftermath of an accident may suffice if proximity in time and relationship is established.
Nervous Shock - Rescuers and employees cannot claim unless they were in personal danger
White v Chief Constable of South Yorkshire Police – Rescuers and employees cannot claim unless they were in personal danger.g
Omissions - Damage by Trespasser
Smith v Littlewoods – No liability for damage caused by trespassers unless the risk was foreseeable.
Omissions (Burglary case)
Stansbie v Troman – A decorator who left a house unlocked was liable for a burglary that followed.
Omissions - Train Track Gate Closing
Pittwood – A railway gatekeeper was liable for failing to close the gate, resulting in a fatal accident.
Omissions (Anorexia)
R v Stone and Dobinson – Liability imposed where defendants assumed responsibility for care and failed to act.
- Bolam Test
Bolam v Friern Hospital Management Committee – A doctor is not negligent if acting in accordance with a responsible body of medical opinion.
- Bolitho Refinement
Bolitho v City and Hackney Health Authority – Courts may reject expert opinion if it is not logically defensible.
- Montgomery Standard
Montgomery v Lanarkshire – Doctors must disclose material risks and alternatives to enable informed consent.
- Earlier Authorities
Maynard v West Midlands Regional Health Authority and Sidaway v Board of Governors of the Bethlem Royal Hospital – Earlier deference to medical opinion narrowed by the patient-focused standard in Montgomery.
