week 9 - tort of negligence Flashcards
(7 cards)
what case is an example of where the manufacturer owed a duty of care?
Donoghue v stevenson (1932)
The claimant brought a bottle of soft drink which unknowingly contained a dead snail, she fell ill + sued the manufacturer.
Decision: even though her contract was with the cafe that sold her the bottle, the manufacturer owed her a duty of care as it was foreseeable that failure to ensure the product’s safety would harm the end customer.
what case is an example of proximity not being sufficient in regard to losses incurred?
Caparo industries v dickman (1990)
Claimants owned shares in fidelity plc, were considering a takeover bid, defendant prepared the audited accounts for fidelity which the claimants were relying upon to consider their takeover bid.
The accounts were inaccurate, the claimants sued the auditors for the losses incurred.
Decision: auditors owed no duty to the public at large, nor to shareholders relying on the accounts to purchase further shares. Eg the proximity between the claimant + defendant was not sufficient in regards to the losses incurred.
what case is an example of where the court rules in favour of the claimants as the company owed them a duty of care?
Margerson v jw roberts ltd (1996)
Margereson developed mesothelioma from childhood exposure to asbestos dust released by jw roberts factory in leeds. It contaminated the area around where children played.
Decision: the court ruled in favour of the claimants as the company owed a duty of care to the local residents, the exposure was foreseeable and the company was negligent for failing to prevent the release of asbestos.
what case is an example of where a duty of care was not owed to the claimant?
Evans v triplex glass (1936)
Mr Evans bought a vauxhall car with a windscreen manufactured by triplex but fitted by vauxhall. Mr Evans sued Triplex when the windscreen shattered, injuring him + family.
Decision: triplex did not owe Mr Evans a duty of care because there was not enough proximity between the windscreen leaving triplex control + the accident.
what case is an example of where the police do not owe a duty of care towards the public?
Hill v chief constable of west yorkshire (1989)
The claimant was the mother of 1 of Peter Sutcliffe’s last murder victims. She claimed damages for negligence due to the police force failing to prevent her daughter from being murdered.
Decision: generally, the police do not owe a duty of care towards individual members of the public unless their actions increase the risk towards an individual.
what case is an example of a pure economic loss?
Waller v foot + mouth RI (1966)
Defendant negligently let a cattle virus escape from their lab, resulting in movement of cattle was highly restricted. The claimant was an auctioneer of cattle, unable to hold auctions during this time.
Decision: because this was a pure economic loss, no damages could be recovered from the defendant.
what case is an example for someone not fitting the criteria of a secondary victim?
Alcock v chief constable of south yorkshire (1991)
96 people died as a result of injuries caused by the Hillsborough disaster.
Several people brought action against the defendant for nervous shock, some of whom witnessed the events of tv.
Decision: those who witnessed the event on the tv did not fit the criteria laid out for secondary victims.
