Negligence Case Law Overview

These flashcards cover key cases and principles related to negligence law, including duty of care, foreseeability, vicarious liability, and psychiatric harm.

What was the outcome of the Kay’s Tutor v Ayrshire & Arran Health Board case regarding the causal link between the overdose and deafness?

There was no link established between the penicillin overdose and the child's deafness.

In McFarlane v Tayside Health Board, what did the House of Lords rule about damages for raising a healthy child?

No damages could be recovered as the birth of a healthy child is considered a blessing.

What must a public authority prove to be liable for economic loss in Micosta S.A v Shetland Islands Council?

It must act beyond its powers (ultra vires) or in bad faith.

What does the 'Neighbour Principle' from Donoghue v Stevenson establish?

A manufacturer owes a duty of care to the end consumer, regardless of a contractual relationship.

In Bourhill v Young, why was the motorcyclist found not liable for Mrs. Bourhill's claim of nervous shock?

She was deemed not in proximity to the accident and her suffering was not a foreseeable consequence.

What principal did Muir v Glasgow Corporation reinforce regarding liability in negligence?

Liability depends on the foreseeability of harm and adherence to the standard of care.

In Mitchel v Glasgow City Council, what was clarified about the foreseeability of harm and duty of care?

Foreseeability of harm does not automatically impose a duty of care, it must also be fair, just, and reasonable.

What did Hill v Chief Constable of West Yorkshire determine regarding police liability for criminal acts?

The police are not liable for failing to prevent third-party criminal acts unless they owe a specific duty of care.

What was the key finding in Bolton v Stone regarding negligence?

The likelihood of harm was extremely low, and reasonable precautions had been taken.

What does the 'Caparo Test' established in Caparo Industries Plc v Dickman involve?

It involves foreseeability, proximity, and whether it is fair, just, and reasonable to impose a duty.

What was the significance of Lord Reid's emphasis in Hughes v Lord Advocate regarding foreseeability?

Liability depends on the foreseeability of the type of harm, not the precise manner in which it occurs.

In how did Per Lord Clyde clarify the causation in McKillen v Barclay-Clyde & Co Ltd?

Causation was not proven as evidence lacked corroboration, emphasizing a wrongdoer takes their victim as they find them.

What was determined in McDyer v The Celtic Football and Athletic Company Limited regarding occupiers' liability?

Both the club and event organizers were held liable for injuries sustained by fans.

What is the doctrine of res ipsa loquitor as applied in Scott v London and St. Katherine's Docks?

The accident implies negligence as such incidents typically do not occur without a lack of care.

In David T Morrison & Co Ltd v ICL Plastics Ltd, when does the prescriptive period begin for latent damage claims?

It begins when the pursuer is aware of the loss.

In Ward v Tesco Stores Ltd, why was Tesco held liable under the doctrine of res ipsa loquitor?

They failed to prove the spilled yogurt had not been there long enough to address it.

What principle was established in Titchener v British Railways Board regarding volenti non fit injuria?

The railway board was not liable as the boys should have known the dangers of their actions.

What does the case of McGuffie v Forth Valley Health Board demonstrate regarding premises liability?

Hospital liability under the OL(S)A emphasizes the duty owed to visitors to ensure premises are safe.

In Taylor v Glasgow Cooperation, what was the court’s finding regarding the danger of berries in a public park?

The corporation was liable for failing to take reasonable precautions due to the concealed danger.

What was determined in Tomlinson v Congleton about the council's liability?

The council was not liable as the risk was obvious and the injury resulted from the claimant's actions.

What did the court establish regarding the obviousness of risks in Michael Leonard v The Loch Lomond & The Trossachs National Park Authority?

Occupiers are not liable for obvious risks in familiar landscapes.

In McKevitt v National Trust for Scotland, why was the stone not seen as a danger under the OL(S)A?

It was deemed an obvious feature and the accident occurred due to the pursuer's inattention.

What was the ruling in Various Claimants v The Institute of the Brothers of Christian Schools regarding vicarious liability?

The institute was held vicariously liable for actions of members even though they were not formally employed.

What case involved a successful claim for vicarious liability despite the worker being an independent contractor in Grubb v Shannon?

The decision emphasized that the therapist's work was integral to the salon's business.

What was the outcome of Mohamud v Morrisons regarding vicarious liability?

Morrisons was held vicariously liable because the employee's assault was closely connected to employment duties.

When is an employer vicariously liable for a worker's negligent conduct according to Rose v Plenty?

When the worker is acting in the course of their employment, even if they disobey instructions.

What principle did Lister v Hensley Hall establish about employer liability?

The 'close connection test' for determining if wrongful acts are closely connected to the employee's duties.

What is the key takeaway from Attorney General of the British Virgin Islands v Hartwell regarding police liability?

The police were held liable for negligence due to the high duty of care required when handling dangerous items.

In Kennedy v Cordia (Services), what regulations imposed an employer's liability for injury?

The Personal Protective Equipment at Work Regulations 1992 and the Management of Health and Safety at Work Regulations 1999.

What was established in Wilsons & Clyde Coal Co Ltd v English about an employer's duty?

The employer has a non-delegable duty to provide a competent workforce, adequate equipment, and a safe system of work.

In Davie v New Merton Board Mills, why was the employer not held liable for the defective tool?

They purchased the tool from a reputable manufacturer and could not reasonably have detected the defect.

What was the significance of the McGregor v AAH Pharmaceuticals Ltd case regarding employer's duty?

Emphasized the employer's duty to provide a safe system of work and proper training.

In the case of Hatton v Sutherland, what was clarified about employers' duty of care regarding psychiatric injuries?

Employers owe a duty to prevent psychiatric injuries caused by known vulnerabilities and job demands.

What distinguishes primary victims from secondary victims in claims for psychiatric injury according to various cases?

Primary victims have direct emotional impact from events, while secondary victims must meet specific criteria for proximity and relation.

What criteria were established in Alcock Et Al v Chief Constable South Yorkshire for secondary victims?

Close ties, proximity to the event, and direct perception of the shocking event are required.

In the case of Wilkinson v Downton, what was the court's determination regarding intentional harm?

Liability was established for intentional infliction of psychiatric harm.

What did the court emphasize in Re (a minor) v Calderdale & Huddersfield NHS Foundation Trust regarding PTSD claims?

Both mother and grandmother could claim PTSD after witnessing a traumatic childbirth due to negligence.

How did the case of Liverpool Women’s Hospital v Ronayne clarify the requirements for secondary victim claims?

The shock must arise from a sudden, extraordinary event to be actionable for psychiatric harm.

In Campbell v Mirror Group Newspapers, how did the court balance privacy and freedom of expression?

The court found the publication breached privacy rights under Article 8 of the ECHR, affirming protection even for public figures.

What was held in Wainwright v Home Office regarding the tort of invasion of privacy?

English law does not recognize a tort of invasion of privacy outside of existing remedies like breach of confidence.

In HRH Prince of Wales v Associated Newspapers, what was the court's decision on the publication of private journals?

The publication breached privacy and confidentiality rights under Article 8 of the ECHR.