All Tort Law Cases

For a duty of care, ____ established the “neighbour” principle.

Donoghue v Stevenson

The ____ test was then developed for “new” duty situations consisting of three questions: was harm to someone in C’s position reasonably foreseeable? Is there proximity (physical or relationship) between C and D?; and is it fair, just and reasonable (in interests of society) to impose a duty of care?

Caparo

In the case of ____ the Supreme Court stated that the Caparo approach is rarely needed due to many existing duty situations and the use of an analogous approach.

Robinson v CC West Yorkshire

In the case of Robinson v CC West Yorkshire the Supreme Court stated that the ____ approach is rarely needed due to many existing duty situations and the use of an analogous approach.

Caparo

In ____: “Negligence is the omission to do something which a reasonable man would do, or doing something which a prudent and reasonable man would not.”

Blyth v Birmingham Waterworks Co

A learner driver is judged against the standard of a reasonable driver (____).

Nettleship v Weston

A child is judged by the standard of the reasonable child of his own age (____).

Mullins v Richards

A professional is judged by the standard of a professional (____) and this also includes trainees (Wilsher v Essex).

Bolam v Friern

A professional is judged by the standard of a professional (Bolam v Friern) and this also includes trainees (____).

Wilsher v Essex

Someone carrying out DIY is judged against the standard of the reasonable competent amateur but not against a professional working for reward (____).

Wells v Cooper

The defendant is expected to take reasonable precautions [so they don't breach their duty of care] but is not expected to go to great expense to eliminate all possible risk (____).

Latimer v AEC

If C has any known special characteristics (disability or a being a child) which mean that they could suffer greater harm than others, the reasonable man will be expected to take much greater care (____).

Paris v Stepney LBC

If the activity is socially important, the reasonable man is allowed to take greater risks (____).

Watt v Hertfordshire

The reasonable man does not guard against unforeseen risks (____).

Roe v. Minister of Health

Would the claimant have suffered damage “but for” the defendant’s breach of duty? (____).

Barnett v Kensington and Chelsea Hospital

Only losses that are reasonably foreseeable can be recovered (____).

The Wagon Mound

This [reasonably foreseeable losses] is satisfied as long as the type of injury, rather than the manner in which it happened, is reasonably foreseeable (____).

Hughes v Lord Advocate

The precise extent of the injuries does not have to be foreseeable providing the type of harm is (____).

Bradford v Robinson Rentals

The thin skull rule applies, “you must take your victim as you find him” (____).

Smith v Leech Brain

This test [causation] will fail where D’s breach is one of several possible causes (____), but the court will allow a claim where D is one of several possible defendants (Fairchild v Glenhaven Funeral Services).

Wilsher v Essex AHA

This test [causation] will fail where D’s breach is one of several possible causes (Wilsher v Essex AHA), but the court will allow a claim where D is one of several possible defendants (____).

Fairchild v Glenhaven Funeral Services

The chain of causation may be broken by an intervening act, such as a severe storm at sea (____), a criminal act (Lamb v Camden LBC), or gross negligence (Knightley v Johns).

Carslogie Steamship Co.

The chain of causation may be broken by an intervening act, such as a severe storm at sea (Carslogie Steamship Co.), a criminal act (____), or gross negligence (Knightley v Johns).

Lamb v Camden LBC

The chain of causation may be broken by an intervening act, such as a severe storm at sea (Carslogie Steamship Co.), a criminal act (Lamb v Camden LBC), or gross negligence (____).

Knightley v Johns

It [the chain of causation] will not be broken by a victim’s instinctive reaction (____).

Scott v Shepherd

In ____ it was established that the claimant must be suffering from a “positive psychiatric illness” [to make a claim for psychiatric injury].

McLoughlin v O’Brian

Under ____, "the excitement of normal human emotion, such as grief or emotional distress, is not compensatable."

Reilly

Primary victims are those who suffer physical and psychiatric harm (____) or those who suffer psychiatric harm as a result of being exposed to the risk of physical injury but not actually physically harmed (Page v Smith).

Simmons v British Steel

Primary victims are those who suffer physical and psychiatric harm (Simmons v British Steel) or those who suffer psychiatric harm as a result of being exposed to the risk of physical injury but not actually physically harmed (____).

Page v Smith

____ established 5 criteria to establish if a secondary victim is owed a duty of care.

Paul

The immediate aftermath appears to cover seeing a primary victim in an untreated state (____).

McLoughlin v O’Brian

A claimant may recover for economic loss that is consequential upon physical loss, but not for pure economic loss where there is no accompanying physical loss (____).

Spartan Steel v Martin

In ____, the House of Lords introduced the principle that victims of negligent misstatements may recover pure economic loss provided there is a special relationship between the claimant and defendant.

Hedley Byrne v Heller

Firstly [to determine if there is a special relationship / economic loss], they will look at whether the defendant possesses a special skill or expertise, this will include professionals, such as the bank in ____, but has extended to people who are very knowledgeable on a matter giving advice in a social setting (Chaudhry v Prabhakar).

Hedley Byrne

Firstly [to determine if there is a special relationship / economic loss], they will look at whether the defendant possesses a special skill or expertise, this will include professionals, such as the bank in Hedley Byrne, but has extended to people who are very knowledgeable on a matter giving advice in a social setting (____).

Chaudhry v Prabhakar

The defendant must have voluntarily assumed responsibility for his [negligent misstatement] statement. This will not be the case if he issues a disclaimer, as occurred in ____.

Hedley Byrne

The courts will consider whether the defendant knew or ought to have known the identity of those who would rely upon the [negligent misstatement] statement (____) and whether the defendant knew the purpose for which the statement was being relied upon (Law Society v KPMG).

Goodwill v British Pregnancy Advisory Service

The courts will consider whether the defendant knew or ought to have known the identity of those who would rely upon the [negligent misstatement] statement (Goodwill v British Pregnancy Advisory Service) and whether the defendant knew the purpose for which the statement was being relied upon (____).

Law Society v KPMG

Finally the courts will consider if the claimant relied upon the [negligent misstatement] statement, and whether it was reasonable for them to do so (____).

Smith v Eric Bush

Tests [to establish if there is an employer-employee relationship] have been developed such as the “control” test (____), integration test (Whittaker v. Minister of Pension) and the multiple test (Ready Mix Concrete).

Walker v Crystal Palace FC

Tests [to establish if there is an employer-employee relationship] have been developed such as the “control” test (Walker v. Crystal Palace FC), integration test (____) and the multiple test (Ready Mix Concrete).

Whittaker v Minister of Pension

Tests [to establish if there is an employer-employee relationship] have been developed such as the “control” test (Walker v. Crystal Palace FC), integration test (Whittaker v. Minister of Pension) and the multiple test (____).

Ready Mix Concrete

In ____, the Supreme Court stated that where the distinction [of an employer-employee relationship] is not clear “five policy criteria” could be applied to decide whether it is fair just and reasonable to impose vicarious liability for torts committed by a person “akin to an employee”.

Barclays Bank plc v Various Claimants 2020

The employer will be vicariously liable for damage because an employee is carrying out authorised duties but in a negligent way (____).

Century Insurance v Northern Ireland Road Transport Board

The employer remains liable even if he has expressly forbidden the act of his employee that causes the damage (____).

Limpus v London General Omnibus

If the employee’s act is unauthorised, the employer will not be held vicariously liable (____).

Beard v London General Omnibus

In ____ the court adopted the “close connection” test.

Mohamud v Morrisons 2016

If the employer has banned giving lifts to third parties, he may escape liability (____).

Conway v Wimpey

The employer will become liable if his employee gives a lift to someone to help him with his employer’s business (____).

Rose v Plenty

The employer will not be liable if the employee goes on a significant detour (____), but he will be if the detour is insignificant (Hemphill v Williams).

Storey v Ashton

The employer will not be liable if the employee goes on a significant detour (Storey v Ashton), but he will be if the detour is insignificant (____).

Hemphill v Williams

Employers might be held responsible for an employee who commits a crime during his or her work if there is a close connection between the crime and what the employee was employed to do (____).

Lister v Hesley Hall

____ stated the occupier is the person with a “sufficient degree of control over the premises”, and a lawful visitor is someone with the occupier’s express or implied permission to be on his premises.

Wheat v Lacon

Permission [to be on premises] may be implied for repeat visitors (____); for entry in order to communicate (Robson v Hallet); under statutory powers of entry; and under the principle of allurement (Jolley v Sutton LBC).

Lowery v Walker

Permission [to be on premises] may be implied for repeat visitors (Lowery v Walker); for entry in order to communicate (____); under statutory powers of entry; and under the principle of allurement (Jolley v Sutton LBC).

Robson v Hallet

Permission [to be on premises] may be implied for repeat visitors (Lowery v Walker); for entry in order to communicate (Robson v Hallet); under statutory powers of entry; and under the principle of allurement (____).

Jolley v Sutton LBC

A lawful visitor becomes a trespasser when he abuses his permission by carrying out an unauthorised act, as in ____.

Tomlinson v Congleton BC

Under Section 2(3)(a), he [the occupier] must be prepared for children to be less careful [reasonably safe] than adults (____).

Perry v Butlins Holiday World

Occupiers are entitled to presume that young children will be supervised by their parents (____).

Phipps v Rochester Corporation

Under S.2(3)(b), tradesmen such as electricians and plumbers are expected to take their own precautions against risks that are incidental to their occupation (____).

Roles v Nathan

Sometimes the danger [on an occupier's premises] will be so obvious that no warning is required, as in ____.

Darby v National Trust

However, where a warning is needed [for danger / occupiers' liability], it must be effective (____).

Woollins v British Celanese

These tests [around contractors / occupiers' liability] were satisfied in ____ , but not in Woodward v Mayor of Hastings, where a child was hurt when he slipped on a school step covered with snow.

Haseldine v Daw

These tests [around contractors / occupiers' liability] were satisfied in Haseldine v Daw, but not in ____ , where a child was hurt when he slipped on a school step covered with snow.

Woodward v Mayor of Hastings

If the premises are safe, no duty of care is owed to trespassers (____).

Keown v Coventry NHS Trust

The claimant failed the second of these tests [believing someone may be in the vicinity of the danger] in ____.

Donoghue v Folkestone Properties

One act of trespass may make the occupier aware of possible future trespassers (____).

Scott v Associated British Ports

In ____, Lord Hobhouse commented that “the law does not require disproportionate or unreasonable responses” [occupiers' liability].

Tomlinson v Congleton BC

As private nuisance protects a person who has an interest in the land affected e.g. the owner of the land or a tenant of it (____).

Hunter v Canary Wharf

The defendant will normally be the creator of the nuisance, as in ____ ; the occupier of the land which is the source of the nuisance, as in Davey v Harrow Corporation; or the owner of the land if he authorised the nuisance (Tetley v Chitty).

Christie v Davey

The defendant will normally be the creator of the nuisance, as in Christie v Davey; the occupier of the land which is the source of the nuisance, as in ____ ; or the owner of the land if he authorised the nuisance (Tetley v Chitty).

Davey v Harrow Corporation

The defendant will normally be the creator of the nuisance, as in Christie v Davey; the occupier of the land which is the source of the nuisance, as in Davey v Harrow Corporation; or the owner of the land if he authorised the nuisance (____).

Tetley v Chitty

This [interference / nuisance] does not extend to “things of delight” i.e. personal pleasures such as enjoying a good television reception (____).

Hunter v Canary Wharf

In ____ it was stated “what may be a nuisance in Belgrave Square may not be so in Bermondsey”.

Sturges v Bridgman

The law recognises that the character of an area may change, as in ____ .

Gillingham B.C. v Medway Dock

A frequent or enduring activity is more likely to be considered unreasonable. This explains why damages were awarded in ____ , but not in Bolton v Stone.

Miller v Jackson

A frequent or enduring activity is more likely to be considered unreasonable. This explains why damages were awarded in Miller v Jackson, but not in ____ .

Bolton v Stone

If the defendant acts out of spite (malice), his activity is likely to be considered unreasonable (____).

Christie v Davey

If what is harmed is abnormally sensitive (____), the claim is less likely to succeed [nuisance].

Robinson v Kilvert

In ____, the claim failed because an Act of Parliament had authorised the building of an oil refinery and therefore must have intended for it to be operated [statutory authority].

Allen v Gulf Oil

Local authority planning permission can, in some circumstances, act in the same way as lawful justification for a nuisance (____) [statutory authority].

Gillingham BC v Medway Dock Co

“Coming to the nuisance” is not a defence (____), however if a claimant builds on his or her property or changes the use of his or her property after the defendant has started his or her use of the activity complained of, then coming to the nuisance may be successful (Coventry v Lawrence) [prescription].

Sturges v Bridgman

“Coming to the nuisance” is not a defence (Sturges v Bridgman), however if a claimant builds on his or her property or changes the use of his or her property after the defendant has started his or her use of the activity complained of, then coming to the nuisance may be successful (____) [prescription].

Coventry v Lawrence

It is not a defence that the activity causing the nuisance was of public benefit (____).

Adams v Ursell

In ____ the SC said Public utility “may justify awarding damages rather than an injunction, but it does not justify denying a victim any remedy at all”.

Fearn v Tate Gallery (2023)

In ____ damages were awarded for the nuisance caused by cricket balls.

Miller v Jackson

Injunctions may be awarded to stop the nuisance, as in ____ .

Christie v Davey

A partial injunction may be awarded to limit, rather than stop, the activities of the defendant (____).

Kennaway v Thompson

Under ____, a person is liable for things that escape from his land and cause damage to another.

Rylands v Fletcher

As ____ is a form of nuisance, the claimant must have an interest in the land, and the defendant must control the land from which the escape occurs.

Rylands v Fletcher

D must bring whatever causes the harm on to his land. The claim will fail if it is there already, like the thistles in ____ [Rylands v Fletcher].

Giles v Walker

It [the thing accumulated] does not have to be dangerous in itself, nor does it have to be likely to escape as ____ is a strict liability tort.

Rylands v Fletcher

The requirement that this mischief is “likely” has been interpreted to mean “reasonably foreseeable” (____) [Rylands v Fletcher].

Cambridge Water Co. v Eastern Counties Leather

In ____, Lord Goff described the bulk storage of chemicals as typical non-natural use [of land].

Cambridge Water Co. v Eastern Counties Leather

In ____, the HL described non-natural as meaning “extraordinary and unusual”.

Transco

In ____, the locality will be considered when deciding if the use [of land] is extraordinary and unusual.

Stannard v Gore

If the damage occurs on the defendant’s land, the claim will fail (____) [Rylands v Fletcher].

Read v Lyons

If the fire escapes but the ‘thing’ remains on the land the claim will fail (____) [Rylands v Fletcher].

Stannard v Gore

In addition to consent and contributory negligence, the defendant may plead that the damage was caused by the act of a stranger (____), or by an act of God (Nichols v Marsland) [Rylands v Fletcher].

Perry v Kendricks Transport