Semester 1 - Tort law exam question

Tindall

There is generally no liability for "pure omissions" in tort law

Smith v Littlewoods Organisation Ltd

there is no duty for "pure omissions" unless there is special control over the source of danger.

Clark Fixing Ltd v Dudley MBC

D owed a duty to protect C’s property where they had knowledge (or means of knowledge) that third parties were creating a danger on D’s land.

Did Hector have control over the danger in Pierre's case?

Hector had control over the fire door and was aware of teenagers sneaking in. He tried to prevent this by installing a sign. However, there is no direct control over Antonio’s actions (e.g., graffiti).

Spartan Steel

Pierre has suffered actionable damage in the form of property damage

Perl v Camden

If there is no special relationship between the occupier and a third party, no duty of care was owed to an occupier of neighbouring premises to protect or prevent a third party from gaining access to their premises

What is the outcome in Pierre’s case regarding Hector’s liability for the graffiti?

Hector is unlikely to be liable, as there was no special relationship or specific duty to prevent Antonio from entering and causing harm.

Woodcock v Chief Constable of Northamptonshire ; Micheal

The police generally do not owe a duty to protect individuals from harm by criminals, and foreseeability alone does not give rise to a duty

Swinney

Duty of care be owed by emergency services in certain cases if they assume responsibility or give specific assurances

Did the police assume responsibility for Pierre’s safety?

No, there was no specific assurance made by the police to Pierre, and no special relationship was formed.

Home Office v Dorset Yacht

the defendant may be liable if they had a special level of control over the source of danger; this can arise through control of a person. This occurred here an exceptional relationship was established with the defendant having ‘control’ over B gave rise to a duty to prevent harm to the claimant.

Can Pierre claim against the Ministry of Justice for Antonio’s actions?

the facts in Dorset Yacht where highly exceptional as seen in Palmer v Tees Health Authority. This would mean it would be unlikely the courts would find the Ministry of Justice owe a duty of care towards Pierre as foreseeability was not present and a claim would likely be unsuccessful.

Occupiers' Liability Act 1957

Occupiers owe a duty to make sure their premises are reasonably safe for visitors

Robinson v Chief Constable of West Yorkshire

Duty to prevent harm by positive acts of negligence.

How is breach of duty assessed?

Breach is assessed using the “reasonable person” test (Blyth v Birmingham Waterworks).

“Reasonable person” test

An objective (Glasgow Corporation) and hypothetical judicial construct, asking if the reasonable person would have acted similarly in the same circumstances.

Roe v Ministry of Health

Bolton v Stone

Brown v Rolls Royce ; Stokes v Guests

Latimer v AEC

Scout Association Jackson LJ

“It is not the function of the law of tort to eliminate every iota of risk or to stamp out socially desirable activities.”.

Will Hector be liable for a breach of duty towards Hilda ?

Uncertain - academic commentary

Kent v Griffiths

Ambulance services owe a duty of care to the patient once the call is accepted

Did Drago owe Hilda a duty of care?

Yes, once the ambulance call was accepted, Drago had a duty to ensure timely and proper care for Hilda.

Bolam Test

This requires that a professional must act in accordance with a practice accepted as proper by a responsible body of medical opinion.

Bolitho v City

Amended the Bolam test to mean to support something which is deemed logical

Did Drago breach his duty by stopping for coffee?

Yes, Drago’s decision to stop for coffee during an emergency was a breach of the standard of care expected from a competent paramedic.

Barnett v Chelsea & Kensington Hospital

Factual causation is established using the "but for" test determining if harm would have occurred but for the defendant’s actions.