reversed Flashcards

1
Q

Definition of negligence
Failing to do somthing which the reasonable person would do or somthing which the reasonable person would not do

A

Blyth v Birmingham waterworks

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2
Q

Created robinson tests

A

Robinson v chief constible of west yorkshire

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3
Q

If loss/ harm was forseeable to the D - caparo test

Kid plays in abandoned boat

A

Jolley v London borough of sutton

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4
Q

Proximity between Cl and D - caparo test

mangled son and dad left mum traumatised

A

Mcloughlin v O’brien

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5
Q

If it is fair to impose duty of care - Caparo test

soldier with no headphones

A

Mulcahy v MOD

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6
Q

The reasonable Learner - Resonable person test

Crashes driving instructorscar found liable

A

Nettleship v Weston

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7
Q

The reasonable child - Resonable person test

15 year old girl injured in ruler fight

A

Mullins v Richards

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8
Q

Professionals - Resonable person test

falls down in electroshock therapy - other doctors opions gathered

A

Bolam v Frier Barnet Hospital

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9
Q

Special Characteristics - Risk factor guidelines

one eyed miner

A

Paris v Stepney BC

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10
Q

Size of risk - Risk factor guidelines

17 ft high fence cricket grandma

A

Bolton v stone

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11
Q

Cost of precaution - Risk factor guidelines

flooded factory

A

Latimer v AEC

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12
Q

Unkown risks - Risk factor guidelines

cracks in tubes of antispetic causing paralyasis

A

Roe v Minister of health

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13
Q

Emergency sitautions - Risk factor guidelines

was crushed in th eback fo a firetruck

A

Watts v herts CC

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14
Q

But for test - factual cuasation

arsenic in tea- hospital sent him home

A

Barnett-v-Chelsea & Kensington Hospital

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15
Q

Reasonably forseeable - legal causation

sydney harbour

A

Wagon mound

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16
Q

Interveining acts - Legal cuasation

advised agiast vaccine - other doctors advised for - vacciene ended bad

A

Thompson v Blake-James

17
Q

Thin skull rule - L

A

Smith v Leech Brain

18
Q

defintion of an occupier - control of the premisis

A

Wheat v lacon

19
Q

any fixed or moveable structure including a vessel, vehicle and aircraft’.
Case law has expanded the definition to include houses, buildings, land, lifts and even scaffolding.

A

define premisis

20
Q

implied permission - definiton of legal visitor

A

Lowery v walker

21
Q

resonably safe - duty of care for OL

A

Dean of Rochester catherderal v debell

22
Q

higher standard of care for chilren

A

Jolley v Sutton BC

23
Q

The arguement parents have a responsibiity to supervise thier children that overrides the increaased duty of care

A

Phipps v Rochester coorperation

24
Q

if a contractor is harmed they are expected to ‘appriciate and guard and special risks’

A

Roles v Nathan

25
the three points for occupiers liability for contractors work
Hazeldine v Daw
26
Warnings (or obvious danger) - defences for OL
stapes v West dorset DC
27
contributary negligence - defences for OL | 66% reduction
revel v newberry
28
to take reasonable steps to keep them reasonably safe if they are a lawful visitor
What are the three things that make up the duty of care of an occupier to a lawful visitor
29
the occupier must be aware of a tresspasser the danger is one of which they should be protected the occupier must be aware of the danger
what are the filters for the duty of care for a tresspasser