Standard of Care Flashcards
1
Q
Waugh v James Allan
A
- entirely involuntary conduct: no liability
- overcome by disabling condition
2
Q
Mansfield v Weetabix
A
- loss of control progressive
- reasonable person would not appreciate overcome disability
3
Q
Bourhill v Young
A
- standard of care assessed on reasonableness
- reasonable view of whether risk forseeable and probable consequence of injury
4
Q
Muir v Glasgow Corp
A
- urn scaulded several children
- held: reasonable person would not forsee acciden of this nature
- duty established but no standard of care
- judge makes decision based on ‘reasonable man’
5
Q
Bolton v Stone
A
- cricket ball
- reasonable person would not consider this a risk requiring further action
6
Q
Hayley v London Electricity Board
A
- blind plaintiff fell into hole - warning signs placed
- based on probability this was forseeable
- failed in standard of care
7
Q
Paris v Stepney
A
- partially sided worker lost sight
- ordinary prudent worker would have provided goggles
- seriousness of consequence known
- breach of care - duty owed to claimant not class of persons
8
Q
Roe v Ministry of Health
A
- court accepted that 1947 medical profession had less knowledge than 1954
- “hindsight” do not look at incident through 1954 spectacles
9
Q
Gilfillan v Barbour
A
- test of reasonableness based on circumstances
- i.e. speeding depends on urgency of emergency service
10
Q
Barber v Somerset
A
- standard for employers: reasonable, prudent employer
- with knowledge of Bs health employers had breached standard of care
11
Q
Cross v Highland & Islands Enterprise
A
- family failed to show he was suffering from depression of such seriousness
- courts not satisifed depression caused by work conditions
12
Q
McMahon v Dear
A
- regard to perils reasonably expected to occur
- extent to which ordinary spectator: appreciate risk
Held: no breach of duty by golf player. No error of judgement made
13
Q
Dunvale Investments
A
- liability established if course adopted was one no professional or orindary person would take if acting ordinary care
14
Q
What is res ipsa loquiter?
A
- doctrine creates inference of fault
- events speak for themselves without any evidence
15
Q
Scott v St Katherine Docks
A
- bags of sugar fell on head
- no direct evidence
- court due inference of fault
- bags don’t usually fall without negligence
