The Tort of Negligence Flashcards
(29 cards)
What case established the incremental approach to Duty of Care (DOC)?
Robinson v Chief Cons of W Yorks [2018] SC
Old lady was pushed over during arrest
What was established in Donoghue v Stevenson [1932] regarding Duty of Care?
Manufacturers owe a duty of care to their consumers
Decomposed snail found in bottle of ginger beer
What did Hill v Chief Cons of West Yorks [1998] establish about police duty of care?
Police owe a duty of care to the public, but not to prevent crime
Mother of Yorkshire Ripper’s last victim sued police
What is the significance of Robinson v Chief Cons of W Yorks [2018] SC in relation to police duty?
Established DOC: police to the public
Old lady was pushed over during arrest
What did Nettleship v Weston [1971] establish about the duty of care of drivers?
Drivers owe a duty of care to other road users
Learner driver crashed into lamppost
What principle was established in Bolam v Friern HMC [1957] regarding medical professionals?
Doctors owe a duty of care to their patients
Doctor chose not to give muscle relaxant
What does Walker v Northumberland CC [1995] establish about employer responsibility?
Employers owe a duty of care to their employees
Social worker suffered a 2nd breakdown on return
What was established in Kent v Griffiths [2000] regarding emergency services?
Emergency services owe a duty of care to those in need
Ambulance was inexplicably delayed
What was the outcome of Capital & Counties v Hamp CC [1997]?
Fire officer ordered sprinklers to be switched off
Case discusses the duty of care in emergency situations
What did Caparo Industries v Dickman [1990] HL establish about accountants?
Accountants owe a duty of care, but not to future shareholders
Company accounts contained an error
What concept did Blyth v Birmingham Waterworks [1856] explain?
Breach of Duty of Care
LJ Alderson explained breach of DOC
In Nettleship v Weston [1971], how was the learner driver judged?
Judged at objective standard
The law takes no account of lack of skill
What standard of care is raised in Bolam v Friern HMC [1957]?
Standard of care is raised for those with special skill
Doctor chose not to give muscle relaxant
What was the outcome of Mullin v Richards [1998] regarding children?
Children owe an age-appropriate standard of care
15 yr old girls got into a ruler fight
What did Roe v Minister of Health [1954] determine about foreseeability?
Defendant will be judged on what the reasonable man would foresee
C was paralysed by contamination in a test tube
What was significant about Bolton v Stone [1951] HL?
The greater the probability of harm, the more likely a breach has occurred
Cricket ball over fence was a rare occurrence
What does Miller v Jackson [1977] illustrate about frequency of occurrences?
Cricket ball over fence was a frequent occurrence
Highlights the importance of frequency in assessing breach
What standard is raised in Paris v Stepney BC [1951] HL regarding serious injury?
A risk of serious injury raises the standard of care
One-eyed employee was blinded
In Latimer v AEC Ltd [1952] HL, what does a burden of removing risk imply?
A burden of removing the risk may mean no breach
C slipped on a flooded factory floor
What was the significance of Watt v Hertfordshire CC [1954]?
The more important the defendant’s activity, the less likely the court will find him in breach
Heavy jack was not secure on fire engine
What happened in Day v High Performance Sports [2003]?
Climber froze and fell from climbing wall
Case discusses liability in sports activities
What was established in Tomlinson v Congleton BC [2004] HL regarding signs?
Ignored signs and entered lake in park
Highlights personal responsibility in dangerous situations
What conclusion was drawn in McWilliams v Arrol Ltd [1962] HL about safety harnesses?
‘But for’ defendant’s breach of duty of care, claimant must not have been injured/died. There must be no novus actus interveniens
Worker was known not to want a safety harness
What was the outcome of Barnett v Chelsea & Kensington HMC 1968 regarding arsenic poisoning?
C died at home from arsenic poisoning
Case discusses causation in negligence
