tort Flashcards Preview

Law > tort > Flashcards

Flashcards in tort Deck (21):
1

test for duty

caparo test

2

what case does the duty test come from

caparo industries plc v dickman

3

what case did duty originally come from

donoghue v stevenson

4

what did donghue v stevenson ratio say

you must take reasonable care to avoid acts that might injure your neighbour

5

what is the 3 stage test of the caparo test

)was the loss to the claimant reasonably foreseeable
)was there sufficient proximity between between the claimant and claimant
)is it fair just and reasonable to impose a duty of care

6

loss to claimant case and what happened

kent v griffis

V was having an asthma attack and ambulance took 40 mins to arrive unexplained

reasonably foreseeable that V would get worse

7

sufficient proximity cases and basics of what happened

osman v ferguson- teacher obsessed with pupil and murdered father
bourhill v young- saw car crash and went to have a look

8

fair just and reasonable case and what happened

hill v cc of west yorkshire

it was a matter of public policy and would be a floodgates issue as well as leading to defensive policing as it was an issue of public policy

9

2 things needed for breech

degree of skill
degree of risk

10

4 types of degree of skill

reasonable professional
reasonable adult
reasonable learner
reasonable child

11

4 cases for degree of skill

bolom
wells v cooper
nettleship v weston
mullin v richards

12

stupid rhyme for breech

boobs
willy
nipples
minge

13

4 types of degree of risk

special characteristics of the defendants
size of the risk
cost of precautions
social utility

14

rhyme for breach degree of risk

penis bangs mine like demons

15

cases for breach

paris
bolton v stone
miller v jackson
latimer v aec
day v high performance sports

16

factual causation case and what happened

barnett v chelsea

went to casualty for stomach pains but doctor sent victim home but he had arsenic in his tea and died
but for test fails as he was going to die in any case

17

legal causation tests

remoteness test
egg shell test

18

eggshell test case nd what happened

smith v leech brain and co

victim burnt his lip on molten metal and that started a dormant cancer

employer was liable for the death as it was not foreseeable yet the burn was foreseeable

19

remoteness test cases

the wagon mound
hughes v lord advocate

20

what happened in wagon mound

d spilt oil on c's warf and molten metal from repair work set cotton waste in the water alight which then set the oil on fire

damage from the oil was foreseeable but the damage from the fire was not
not liable for fire

21

what happened in hughes v lord advocate

2 boys went down an unattended man hole that a workmen left on his lunch break. they took one of the paraffin lamps and dropped it causing an explosion- boys were badly burnt

method of injury does not have to be foreseeable only the type of damage. children being burnt was foreseeable