Term
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Definition
Psychiatric Damage-
Smith C is in area of physical harm, if foreseeability of physical injury, then primary victim and can recover.against Page D, Smith has ME |
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Term
| White vs CC of South Yorkshire |
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Definition
| Unless personally threatened or with close ties of affection, and proximate to the person when injured, rescurers cannot claim for Psychiatric Harm |
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Term
| Attica vs British Gas - Boom |
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Definition
| Damage to Property, House Burning Down, due to british gas, shock- primary victim could recover with physical injury |
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Term
| MC Farlane vs EC Caledonian- (Piper) |
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Definition
| Piper Alpha Disaster- Mc Farlane was a bystander on a ship and could not recover, for psychiatric harm due to bystander remoteness rule depiste seeing many dead. |
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Term
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Definition
| Rescuers can primary or secondary victims. |
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Term
| Haynes vs Harwood-;s escaping horse. |
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Definition
| Horses escape, policeman assists injured- Resucers are owed a duty of care by thier victims.- a cry for help ia a call for assistance- |
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Term
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Definition
Three heads of economic loss-
1) Pure Economic Loss- eg profits not generally recoverable in tort
2) Consequential Economic Loss (consequential on personal injury or damage to property) can recover
3) Property Damage- can recover |
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Term
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Definition
solicitor owes a duty of care to will maker and also his dependants-
duty of care - pure economic loss exception |
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Term
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Definition
| Negligent Misstatement and pure economic loss, assumption of responisibilty,by statement maker- specfic statement to be relied on, statement's exclusion clause deflected claim for economic loss |
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Term
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Definition
| duty not to negligently misstate may occur in socal situations, prabhakar was liable for unpaid, negligent mistatement that caused economic loss. |
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Term
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Definition
| Duty of care by esso to correctly Estimate teh economic profits of a garage in thier franchise offer- pure economic loss negligent misstatemnet |
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Term
| Spring vs Guardian Insurance |
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Definition
| Economic Loss, Negliegent misstatement of house prices ? duty of care |
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Term
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Definition
| Novel Duties- Proximate, Foreseeable and Fair just and reasonable that a duty of care situation would occur.? for new care situation |
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Term
| Caparo and Narrow Dickman |
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Definition
| Does d know the specific transaction for which his advice is sought ? |
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Term
| Caparo and Narrow Dickman 2 |
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Definition
Does D know the transaction for which his advice is sought and
know his statement will be communicated to c. |
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Term
| Caparo and Narrow Dickman 3 |
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Definition
| Does D know that the C is likely to act on his advice, and 2) Does C act on his advice. if all 4 areas are covered they a duty may exist. |
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Term
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Definition
| house valutation, exemption clause, it was not reasonable for exemption clause to offset poor valuation of house and its lost value, so negligent misstatement and duty existed. |
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Term
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Definition
| no duty for psychiatric harm effects if harm is self inflicted. No duty to intimate family members for PI |
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Term
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Definition
| Behave with reasonable care in the circumstances. |
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Term
| Mullins vs Richards (and her ruler) |
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Definition
| Duty of care is lower for children and very low for young children, denning said it increases with age. |
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Term
| Wilson and Clyde Coal vs English the (Employer) |
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Definition
| Duty of Care of Employer is not delegable. |
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Term
| hudson vs Ridge Manufacteur n tomfoolery |
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Definition
| the provision of competent staff- is part of employers duty of care, |
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Term
| hudson vs Ridge Manufacteur n tomfoolery |
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Definition
| the provision of competent staff- is part of employers duty of care, practical joker hurting other emplyee |
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Term
| Davies vs New Merton Board Mills . |
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Definition
| A Safe place of work- equipment breaking at work, that was bought from reputable other supplier did not consitute breach- the provision of competent staff- a safe place of work is part of employers duty of care |
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Term
| General Cleaning Contractors vs Christmas - |
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Definition
| Windows cleaned on the wrong side- a safe system of work ?? not -so got injured and thefore It was an unhappy christmas - safe system of work is part of employers duty of care |
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Term
| Paris vs Stepney BC (be cyclops) |
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Definition
| magnitude of risk to employee and ease of taking precautions.: One eyed employee should have extra safety precautions, and he didnt and was found blind in second eye.so totally blind |
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Term
| Walker vs Northumberland cc |
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Definition
| stress, employers duty of care, - psychiatric damage reasonably forseeable ? Contractual duty of care+ (competent staff, place of work) to avoid stress that might result in psychiatric injury. |
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Term
| WHAT DO YOU NEED TO KNOW TO CLAIM UNDER BREACH OF STATUTORY DUTY- 4 things. |
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Definition
IS DUTY OWED TO CLAIMANT ?
HAS THE DEFENDANT BREACHED THE DUTY
DID THE BREACH CAUSE THE DAMAGE
WAS THE INJURY THE KIND THE STATUTE WAS DESIGNED TO PREVENT |
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Term
| BREACH OF STATUTORY DUTY 2 |
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Definition
if BASIC PART IS CLARIFTIED
Did parliment intend the statutory duty to form a course of action |
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Term
| Atkinson vs Newcastle Waterworks |
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Definition
| Is the statute designed to protect a specific class of people ? |
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Term
| Phelps Vs Hillingdon LBC (STAT INT) |
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Definition
| what is the nature or social signifcance of the legisation- eg if it is designed to prevent water spillage and stop accident and you breach that stat duty it may found a course of action. |
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Term
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Definition
| can be exonerated if the employer took all the reasonable precuations to contain the danger and its effects |
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Term
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Definition
| oily chain caused dermitis, ,again perry chain too all reasonable precautions against this, and was not found liable. (defence to negligence) |
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Term
| A _______ sells goods in such a manner that he _______ thems to reach the_____ _______ (UC)in the form in which they left him with no reasonable possible ______ _________ (IE)then the manufacturer will be liable for the absence of ____________in manufactu |
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Definition
its atkin in Donohue and stevenson mate ! Intends, Consumer, intermediate, ultimate, examantion, reasonable care,
though NOT IN That order ! |
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Term
| Dr Grants vs Australian Knitting Mills |
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Definition
| abscene of reasonable care in the making of pants, allergic reaction- dermatits of the ass, and then did the packaging prevent intermediate examination... (yes,.) liable) |
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Term
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Definition
| 2nd car sold with all its defects, car was defective, but not liable (perhaps a bit of volenti here. |
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Term
| Primary Product- Own brander- importer into the EC are |
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Definition
| still liable as the manufacturer, (without strict fault liabilty)under 1987 CPA |
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Term
| Evans and the "breaking" triplex safety glass |
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Definition
| windscreen shatter after 1 year of use. Triplex not liable under narrow rule of D+Stevenson as intermediate examination or interference possible during fitting. |
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Term
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Definition
| under CPA or DPLiability the replacement of the defective product is only recoverable in contract not in tort. |
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Term
| primary product, imported into EU from China., industrial dyes and foods stuffs |
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Definition
| all products under the CPA 1987 |
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Term
| WAS the safety that which persons would be reasonably entitled to expect ? |
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Definition
| if not you are liable under the 1987 CPA |
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Term
| A vs National Blood Authority |
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Definition
| the standard of liabilty under the CPA is strict- people expect to recive blood uncontamintated, (contrast this with liabilty under common law in Roe.) and NBA was liable even though it was untestable. |
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Term
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Definition
| Liability for Toxic Shock, warnings rendered the toxic shock that occured from tampax, not liabilty of tambrands |
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Term
| Smiths vs Stages (in thier car at work) |
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Definition
| Travel within the course of employment (tired) does not consitute being on a frolic, Employer still liable |
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Term
| Lister vs Helsey Hall (the house of the Helsey Pervert?_) |
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Definition
| Criminal Conduct was closely connected to the course of employment- he was a childminder and child molester and as such his employer was vicariously liable for his @torts@ |
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Term
| Mattis vs Pollack at Flamingos |
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Definition
| Employer owes a duty and is vicariosuy liable for the torts of his employed bouncer who renders someone paraplegic. |
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Term
| Mattis vs Pollack at Flamingos |
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Definition
| Employer owes a duty and is vicariosuy liable for the torts of his employed bouncer who renders someone paraplegic. |
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Term
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Definition
| state of the art defence under the CPA 1987 re defective product liabilty. |
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Term
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Definition
| Milkman was being helped by boy who was injured at work, milkmans companym was liable as boy was actiing was if in course of employment.... |
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Term
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Definition
| Duty to Vistors and new commomn duty of occupiers care |
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Term
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Definition
| Duty to Vistors and new commomn duty of occupiers care |
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Term
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Definition
| Duty to Vistors and new commomn duty of occupiers care |
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Term
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Definition
| Duty to non visitors and common duty of care. |
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Term
| Wheat vs E Lacon and Co Ltd (a brewery) |
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Definition
| Person with Control over the premised is the occupier in terms of the 1957 act and its inplicaitons |
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Term
| Phipps vs Rochestor Corporation |
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Definition
| Child accident, wilderness, Licensor must give warning of any danger (which they did) and thus not liable for tresspassing child injury. |
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Term
| Haseldine vs Daw's @Lift@ |
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Definition
| occupiers, through thier use of independant contractors may pass on thier duty of care to the contractors in this case of a complex lift breaking down and hurting someone, |
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Term
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Definition
| dont get pissed and jump on a plane or you will be NVI |
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Term
| Sims vs Stretch (limo, lowered) |
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Definition
| Defamtion - lower you in the minds of right thinking people |
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Term
| Henderson vs Merrit Sydnicates (2 syndicates) |
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Definition
| You can have concurrent liabilty in contract and in tort (although which you claim may affect your damages. |
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Term
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Definition
| Shunned and avoid (as if raped ) and therefore defamed. |
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Term
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Definition
| Defmation can be ridiculed and suffer contempt like Steven Berkoff did when julie said he was hideously ugly. |
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Term
| Charleston and Smith vs News Group/ |
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Definition
| Innuendo, Sting, naked harold and madge didnt win because stings antidote was contained in the lines in the article this picture was faked |
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Term
| Roe vs Ministry of Health |
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Definition
| Phenphaline- Hindsight and Reasonable foreseeabilty of harm- |
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Term
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Definition
| inquiry on fraud squad probes firm, innuendo but would bot cause reasonable man to suspect they were guilty |
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Term
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Definition
| innuendno, the fraud squad probes firms., investigation is not interference of guilt. |
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Term
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Definition
| statement refers to claimant even in case of mistaken identity. papers shoud take care to refer to correct individual |
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Term
| Knuffler vs London Express |
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Definition
| statement must refer to individual not group this means that Russian group criticised in daily express could bring action by individual member |
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Term
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Definition
| statement must be published.a closed letter is not publish (as ms huth accusations were not despite being opened) but a postcard is,. |
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Term
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Definition
| Nuisance, must own land to bring action (in this case by hunters tv aerial against CWharfs interference. |
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Term
| Matania vs National Provincal |
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Definition
| Nuisna =continous or recurrent interference.. not a single event |
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Term
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Definition
| Nuisnace sounds at night, smut,/soot generators and deliverys at night= injunctionn against esso despite them having planning permission. |
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Term
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Definition
| Nuisnace sounds at night, smut,/soot generators and deliverys at night= injunctionn against esso despite them having planning permission. |
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Term
| Miller vs Jacksons (Balls) |
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Definition
| Social Utlilty of the activity may affect the remedy : in that crickets social ultity was balanced against the nuisance its balls caused. |
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Term
| Hollywood Silver Fox Farm Ltd, vs Emmett |
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Definition
| Asked to removed sign, reacted with malice, made foxes miscarry. malice in nuisance: MALICE may infer guilt |
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Term
| Thomspon vs Gibson (the Creator) |
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Definition
| Creator of the Nuisance is liable, to the person with proprerity interest in the land does not have to be the landowner |
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Term
| Matania vs National Provincal 2 |
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Definition
| Independent Contractors may be liable for the torts of nuisance they create throught there action. |
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Term
| Sedliegh Denfield vs O Callaghan (The foster !) |
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Definition
| in Nuisance Council Technically trepassed by adpoted a drainage system which then flooded the defendants land- adopted systems and therefore liable (perhaps Rylands vs Fletcher) |
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Term
| Goldman vs Hargrave's Oak ? |
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Definition
| Tree- Fire, Extingushed, reingnited and burned into neighours land causing neighours land and house to be damaged.0 Liable for failure to adequately contain, the adopted thing on the land which created the nusiance |
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Term
| Cambridge Water vs Imperial Chemcial Leather ? |
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Definition
| Defendants drums leaked into the ground, and then down into deep area permeating water supply.- Not liable as the damage was not reasonably forseeable- point- was damage reasoably foreseable in rylands or nuisance ? |
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Term
| Miller vs Jackson the latecomer |
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Definition
| It is no defence that you were there first in the issue of nuisance. |
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Term
| sturges and (twenty) Bridgeman |
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Definition
statotory period for nuisance- if you have been doing something for 20 years without complaint this cannot consitute
"Unreasonable interference in the use or enjoyment of land" |
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Term
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Definition
statutory authority,
policy,
consent,
Contirbutory negligence
social utility of action |
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Term
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Definition
| intentional direct interference with land in the possession of the claimant. |
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Term
| kelsen vs imperial tabacco |
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Definition
| Imperial and Imposing ! Ds advertisement protuded above the sky into C's airspace, techincally was trespassing into airspace and thus liable for intentional direct interference with land in the possession of the claimant however mild it is (even an inch) |
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Term
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Definition
Was Aerial Photograpy equilvent to trespass,.- apparently not-
you own immediate air and subsoil but not that much higher or lower in terms of space. |
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Term
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Definition
| A single isolated incident- "a dangerous" thing has escaped and defendant would be responsible for all all reasonable foreseeable (check cambridge water case) Damage consequnet upon its escape. (flooding of mine and land through improper use) |
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Term
| Donoghue vs Stevenson (atkins wide) |
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Definition
you must take ______ care to avoid_____ or
_______ which you might reasonably foresee would be likely to injure your neighbour. |
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Term
| Hills vs Chief Constable of West Yorkshire (the hills are alive) ! |
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Definition
| Yorkshire Ripper. Police Action, Policy lack of promxity police do not owe a duty of care to victims of criminals. |
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Term
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Definition
| The omission to act by police/ in letting osmans dad get killed - the principle of Hills v Chief Constable of west yorkshire did not live up to the srcutiny of the EU court in that they felt that the proportionaltity issue. that the needs of police needed to be balanced with the needs of victims more clearly but Hill is still law. |
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Term
| Kirkham v CC of Manchester |
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Definition
| Police owe a duty of care to those in thier care (After arrest), even the suicidal who in this case killed themseles in custody due to polices negilgence. |
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Term
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Definition
| Reasonably forseeable, the cricket case with ball out once every 20 years. |
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Term
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Definition
| Promixty of the court to the road meant the damage created by ball thrown out was forseeable and thus D liable. |
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Term
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Definition
| a REASONABLY FORESEEABLE TYPE OF HARM |
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Term
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Definition
| the gravity of the harm balanced with the cost of taking precuastions. |
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Term
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Definition
| the crushed fireman- the Negligence of the fire brigade-utility of the defendants conduct a consideration in deciding liabilty (not liable) |
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Term
| Roe vs Ministry of Health- |
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Definition
| hindsight and reasonable foreseeabilty- broken ampoule of anathestic cause paralysi but not liablilty |
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Term
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Definition
| Duty of care in the heat of competition ? |
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Term
| Bonnington Castings vs Wardlaw. |
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Definition
| Good dust- bad dust- the material contribution to the damage and disease caused. by the bad dust. |
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Term
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Definition
| teh duty of care of a child is lower than an adult and increase as tehy move away from minority towards adulthood(denning) |
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Term
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Definition
| Car Accident, Policemans action of sending guy back up tunnel wrong way is NAI which breaks chain of causation., |
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Term
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Definition
| Car Accident, Policemans action of sending guy back up tunnel wrong way is NAI which breaks chain of causation., |
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Term
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Definition
| teh duty of care of a child is lower than an adult and increase as tehy move away from minority towards adulthood(denning) |
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Term
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Definition
| Children playing out boat, trepassers, occupation liabilty for foresseable act of children trespassing, getting into and rebuilding boat and it falling on them, "Forseeable act of a minor", |
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Term
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Definition
| Children playing out boat, trepassers, occupation liabilty for foresseable act of children trespassing, getting into and rebuilding boat and it falling on them, "Forseeable act of a minor", |
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Term
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Definition
| Children playing out boat, trepassers, occupation liabilty for foresseable act of children trespassing, getting into and rebuilding boat and it falling on them, "Forseeable act of a minor", |
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Term
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Definition
| Wilson vs Pringle. "School boys back being pulled constiutes direct force or not. (yes) what consittes direct intentional infliction of harm |
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Term
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Definition
| Hunt Sabateurs, self defence of Hunter to hunt sabateur is proportional in contract to Lane vs Holloway |
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Term
| Lane vs Holloway (holloway the boxer) |
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Definition
| Battery to the person, self defence, proportioanlity of response- response must be proportional and Holloway the boxer battering, Lane the drunk was not. |
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Term
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Definition
| "if it were not assize time" words can negate the apprehension of assault |
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Term
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Definition
| Children playing on baot, forseeabilty of harm, boat falls on childs back, "foreseeabilty of act of a minor" less forseeable acts may be acceptable. |
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Term
| Bishop Rock Marine vs Marc Rich |
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Definition
| Ship Classifcation society do not owe a duty of care to the owners of ship in terms of damage . |
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Term
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Definition
| a council / local authority will not be held liable for their failure to act in fixing a dangerous that caused a bike accident |
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Term
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Definition
| promixity, assault, silence of sex prank caller can consitute assault |
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Term
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Definition
| Full Extent of damage liabilty, man falls down ladder at post office.get tetanus, allegric reaction to jab,. coma. Post office liable for full extent of the harm |
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Term
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Definition
| Mans own stupidity in falling down stairs in a self induced NAI |
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Term
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Definition
| pass the parcel firework- the original thrower is repsonsbile, no NAI in this case. 1776 |
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Term
| scott vs st Catherines docks. |
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Definition
bag of sugar falling on someone
princple of res ipsa loquitor. |
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Term
| Home office vs Dorset yacht |
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Definition
| you may be repsonsible for reasonably forseeable action of third party. |
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Term
| Michael Watson vs British Boxing Board |
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Definition
| Boxing board owes duty of care to boxers in the provision of medical care at the ring. |
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Term
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Definition
| Person with neck brace falling down stair was not NAI in a case. before court |
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Term
| Capps (wearing a cap ?)vs Miller |
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Definition
| Not wearing a helmet contributionary negligence reduced neg by 25 percent. |
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Term
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Definition
| unlawful force of police officer in arrest of prostitue. |
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Term
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Definition
| drivers owe a duty of care to other road users. |
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Term
| Glagow Coporation vs Taylor |
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Definition
| Poisonus Berries, Allurement to children- Occupiers needs to be careful of allurements to children (turning them into legal visitors ?) |
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Term
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Definition
| Common Humanity towards all men implies not warning trepasser of danger is inhumane. |
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Term
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Definition
| Duty to make sure non visitor does not suffer injury (*is breached if you old geezer at 78 shoot them with a shotgun from the garden shed) |
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Term
| Tomlinson vs Conglent 2004 |
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Definition
| teenager, dives into swimming pool signs around re shallow end, "would you reasonably be suspected to offer protection against volenti teenage diving into shallow end) no- not liable |
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Term
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Definition
| Liabilty to the independent contract- two chimney sweeps warned against CMonoxide poisoning were volenti.) Warned of danger- (acting in thier calling) type of visitor responsbiily is lower. |
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Term
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Definition
| Actions of an independent contractor (in cleaning icy steps in school) if simple task then does not transfer occupiers liabilty. |
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Term
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Definition
| Savage Horse. Trespasser, the trespassing on the land was common and frequent and thus the occupier was liable for not preventing the savage horses attack on trepass (duty to prevent coming to danger) |
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Term
| Donoghue vs Folkstone Harbour |
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Definition
| Visitor jumping into the harbour would be held to be volenti., warned of danger. |
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