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Tort case-law crib-sheet
Created by 121.1.18.237 on 3 November 2009, at 15:21
From Law wiki, the wiki for law research
A v National Blood Authority
Blood is a 'product' for purposes of CPA'87; a product may be defective even though eliminating the defect would be exceptionally difficult [hepatitis from blood transfusion
AB v Thameside & Glossop HA
Giving bad news in an impersonal way does not give rise to liability for psychiatric injury, if this is what resource constraints dictate [patients informed by letter of doctor's HIV-positive status
Adams v Ursell
Whether a activity amounts to a nuisance depends on the social utility of the activity, but only to a very limited extent [fish-and-chip shop in trendy street
Alcock v CC South Yorkshire
For 'secondary victim' to claim for phsyicatric injury, he must be (i) proximate in time and space; (ii) have 'close ties of love and affection' to the primary victim; (iii) observe the event or its aftermath with his unaided senses [Hillsborough stadium disaster
Alexander v North Eastern Railway Co
The defence of justification in defamation requires the defendant to prove the 'sting of the libel'; the imputation need not be perfectly accurate [defendant's reported claimants 3-week imprisonment, rather than 2-week
Allied Maples Group v Simmons & Simmons
Although damages cannot be recovered for 'loss of a chance' (Hotson), they may be recoverable if there is a 'real and substantial chance'
Allsop v Church of England Newspapers
In defamation, a slang term with a derogatory meaning noes not necessarily amount to a defamatory imputation [newspaper describes broadcaster as 'bent'
Andrews v Hopkinson
The supplier of a product may amount to a 'producer' (at common law) and incur liability for a defective product, if the defect is obvious and it would be reasonable for the supplier to have discovered it [obvious defect in 18-year-old car
Anns v London Borough of Merton
Inadequate building inspection may create liability for economic loss (but see Murphy)
Ashdown v Samuel Williams & Sons
Occupier's liability to visitors can be excluded by notice, if all reasonable steps have been taken to alert visitors to the danger (but this probably no longer applies to business, post-UCTA'77) [claimant injured on well-signposted dangerous footpath
Aswan Engineering v Lupdine Ltd
Liability for damage caused by defective products does not extend to the loss of the defective product itself (this is a matter for contract law!) [plastic container melted allowing contents to run out
Attorney General v PYA Quarries Ltd
In public nuisance, what constitutes a 'class of Her Majesty's subjects' is a question of fact to be decided in the individual case [dust and noise from blasting] |
B
B v NHS Trust
A mentally competent adult can refuse interventions (medical or otherwise) even when to do so would have fatal consequences [paralysed woman asks for life-support to be discontinued
Baker v Hopkins
A rescuer is not volens if the danger is one which would forseeably give rise to rescue attempt [petrol engine lowered down well
Baker v Willoughby
A second tortious event which overrides the injury of the first is not a novus actus interveniens [claimant succeeded against motorist for leg injury despite leg amputation after gunshot wound] (see also Jobling_)
Barkway v South Wales Transport=
Res ipsa loquitur inapplicable where cause of accident is known [claimant killed where bus tyre burst
Barnett v Chelsea & Kensington Hospital Mamagement Committee
No liability in negligence where claimant's harm would have occurred anyway (the 'but for' test) [claimant refused treatment for arsenic poisoing, but already beyond hope of recovery
Beard v London General Omnibus
No vicarious liability when employee acting completely outside his duties [bus conductor driving bus
Bird v Jones
No false imprisonment where there is merely obstruction of passage [claimant forced to walk around seating on Hammersmith Brdige
Bliss v Hall
No defence to claim of nuisance that the claimant moved to the area of the nuisance (claimant bought premises next to a candlemaker; fumes still amounted to a nuisance)
Blyth v Birmingham Waterworks
In negligence, standard of care is that of the 'reasonable man'
Bolam v Friern Hospital Management Committee
Medical negligence fails if treatment would be acceptable to a respectable body of practitioners [claimant injured during ECT treatment] (but see Bolitho)|
Bolitho v City & Hackney HA
Whether there was a breach of duty of care is a legal question, not a medical one; Bolam test is not absolute [medical opinion divided on whether patient should have been intubated
Bolton v Stone
A person is entitled not to take measures to obviate a forseeable, but minimal, risk [claimant struck by cricket ball hit out of pitch
Bone v Seal
'Loss of amenity' can amount to actionable nuisance [smells from pig farm
Bourhill v Young
Claim for psychiatric injury will fail if events would not similarly have affected a person of 'reasonable fortitude' (pregnant woman traumatized by aftermath of motorcycle accident, but having no relationship to the victim)
Brice v Brown
'eggshell skull rule' applies to pshyciatric injury; once established that injury would have been suffered by a person of reasonable fortitude, a person not of unreasonable fortitude can claim to the full extent of consequence [metally ill woman traumatized by minor injuries to daughter in road accident
British Celanese v Hunt Capacitors
Even a single event can amount to a nuisance, if it follows from an ongoing state of affairs [foil strips caused power failure to claimants' factory
BR Board v Herrington
Even before OLA'84, a trespasser is owed a duty of care, albeit of a low standard [child injured after climbing through know breach in railway fencing
Burton v Islington HA
A foetus can be the claimant in a tort action (provided it is born alive) [claimant sucessfully recovered for injuries sustained while in utero] (now covered by Congenital Disabilities Act)
Byrne v Deane
Not defamation to report that claimant did his lawful duty, however unpopular [defandant's graffitti implicated claimant in reporting unlawful gambling to police] |
C
Cambridge Water v Eastern Counties Leather
Rylands v Fletcher and nuisance require foresight of damage of the requisite meta (limitation on Strict liability ) [defendants not liable for damage caused by unforseeable seepage of tanning chemicals into water supply
Caparo v Dickman
Duty of care requires (i) foresight of harm; (ii) proximity; (iii) that it be 'fair, just, and reasonable' to create a duty of care
Capital & Counties v Hampshire CC
Fire service not negligent for failing to attend or put out fire, unless their actions create or increase damage
Cassidy v Daily Mirror
Imputation must be understood by others to be defamatory
Cassidy v Ministry of Health
For res ipsa loquitur to apply, claimant must show injury would not have arised without negligence [operation to relieve two stiff fingers resulted in four stiff fingers
Century Insurance v NI Road Transport Board
For vicarious liability, the fact that an employee is doing his job negligently does not prevent his acting in the course of his duties [petrol tanker delivery firm liable when employee driver caused a fire with a cigarette
Chadwick v BR Board
Rescuers can recover damages for psychiatric injury (but, since White, it is clearer that rescuers but be in danger themselves, or satsify the Alock_ test) [claimant traumatized while resuing victims of train crash
Chatterton v Gerson
Not trespass to carry out medical intervention when patient not fully informed of risks (but action may still lie in negligence) [claimant lost sensation in leg after spinal injection] (but contrast rather surprising decision in Nash v Sheehan)
Chaudhry v Prabhakar
In negligence, person who claims a particular skill must render service with that skill [claimant liable for recommending purchase of defective car
Christie v Davie
Action is more likely to amount to nuisance if motivated by malice [defendant interrupted claimant's piano lessons by banging on walls and shrieking
Clayton v Woodman Ltd
No limitation on liability for negligent misstatement where physical damage results [architect liable for advising bricklayer with the result that wall collapsed
Clunis v Camden & Islington HA
As a matter of policy, HA not liable to patient for consequences of patient's unlawful acts [psychotic patient failed to claim that he would not have stabbed victim if properly treated
Cockroft v Smith
Self-defence is available as a defence to an action in trepass [defendant bit off claiman't finger to avoid being poked in the eye (!)
Collins v Wilcock
Even a non-agressive application of force may amount to a battery [police constable unlawfully restraining suspect was a battery
Coltman v Bibby Tankers
A ship is 'equipment' for the purposes of Employers Liability (Defective Equipment) Act [claimants drowned when tanker sank
Condon v Basi
Consent not a defence when defendant's actions beyond the scope of the consent [claimant rugby player injured by foul tackle by defendant
Condon v Condon
A claimant who acts unreasonably due to a phobia is not contributorily negligent [sufferer from 'seat-belt phobia' not contributorily negligent when injured as a result of not wearing seat-belt
Conway v George Wimpey & Co
No vicarious liability where the employee acts in a way specifically forbidden by employers [passenger injured by company's driver's negligence; clear notices in cab not to carry passengers] (but see Rose v Plenty, which appears to find the opposite on similar facts)
Crown River Cruises Ltd v Kimbolton Fireworks Ltd
The owner of a permantently-moored barge had an interest in land sufficient to sustain an action in nuisance (despite the disapproval of Khorasandjan v Bush in Hunter_)
Cunningham v Reading FC
Defendant may be liable in negligence for failing to prevent the unlawful acts of other persons, when the acts were forseeable and could easily have been prevented [football club liable to police for injuries caused by violent spectators] (see also Home Office v Dorset Yacht Co) |
D
D&F Estates Ltd v Church Commissioners for England
Pure economic loss not recoverable [cost to lessee of replacing defective plastering by lessor's subcontractors
Danniels v Griffiths
Courts should be reluctant to extend the scope of absolute privilege [defendants statements about claimant to parole board not privileged
Dann v Hamilton
Defence of volenti not applicable where claimant accepts lift from drunk driver (now also s149 RTA'88; but see Morris v Murray_)
Davey v Harrow Corporation
Damage caused by tree root encroachment amounts to nuisance
Denny v Supplies & Transport Co
Acceptance of risk does not make claimant volens if he has no practicable alternative [docker injured while unloading badly-stowed timber
Derbyshire CC v Times Newspapers
Local authority cannot sustain action in defamation [allegations of financial misconduct
Donoghue v Stevenson
Duty of care owed to a claimant whom defendant ought reasonably to have in contemplation ('neighbour principle')
Doughty v Turner Ltd
Negligence action fails if damage is of a different meta than foreseeable [chemical explosion caused by asbestos falling into melting pot] (but see Hughes v Lord Advocate) |
E
Easson v London & North Eastern Railway Co
Res ipsa loquitur not applicable where defendant does not have full control of the cause of the damage [boy injured when train door fell open
Edwards v Railway Executive
For occupier's liability, repeated trespass -- even if known -- does not amount to licence [boy injured after climbing through hole in railway fence was a trespasser, not a visitor
Esso v Mardon
Hedly Byrne 'special relationship' might be capable of extension to any business relationship where advice is offered [Petrol supplier ought to have been able to estimate petrol sales
Evans v Triplex Safety Glass
In product liability, the defendant must show that the defect existed when product left the manufacturer [windscreen manufacturer not liable when windscreen shattered some time after installation] |
F
F v West Berkshire HA
Necessity may be a defence to action in tort [sterilization of mentally incapable woman
Fairchild v Glenhaven Funeral Services Ltd
Where multiple causal factors contribute to injury, the 'but for' test may be suspended [claimant's mesothelioma caused by one of a number of employers' negligence
Ferguson v John Dawson Ltd
Whether a worker is an 'employee' is dependent on the expressed relationship between the worker and the employer, but not conclusively [labourer injured falling from roof deemed to be an employee, despite contract stating he was a subcontractor
Fowler v Lanning
In trespass, the claimant has the burden of proof (despite contrary historical principles) [statement of claim with no evidence by 'plaintiff shot the defendant' disclosed no cause of action
Froom v Butcher
Contributory negligence requires that the claimant contributed to his injuries, not to the cause of the incident [failure to wear seat-belt in car was contributorily negligent, even though it was not the cause of the crash] |
G
Generale Bank Nederland v Export Credit Guarantee Department
Employer not vacariously liable for employee's delierate unlawful act [employer not liable for creating the opportunity for employee to perpetrate a fraud
General Cleaning Contractors v Christmas
An employer has a duty to select competent employees and supervise them effectively [employee injured when cleaning a window from the outside of the building
Giles v Walker
Rylands v Fletcher does not apply to things that accumulate naturally on land [landowner not liable when seeds released by ploughing escaped from land] (but since Leakey v National Trust_ there may be liability in nuisance)
Glasgow Corporation v Taylor
For occupier's liability, occupier must expect children to be less careful than adults [boy dies after eating poisonous berries] (now s2(3)a of the OLA'57) (but parents also have a share of responsibility -- Phipps v Rochester Corporation)
Godfrey v Demon Internet
Defence of 'innocent publication' not applicable if defendant declines to remove a defamatory publication when asked to do so by claimant [imputations published on Internet bulletin board
Goldman v Hargrave
Occupier of land is required to abate a nuisance caused by his land, even if it arises naturally [landowner liable for not putting out tree on fire] (see also Leakey v NT)
Goodwill v British Pregnancy Advisory Service
Doctor not liable to woman for unwanted pregnancy, after not advising man of success rates of vasectomy
Goreham v BT
Employer's pension adviser liable to employee for inadequate pension advice (extension of White v Jones)
Greatorex v Greatorex
Claim for psychiatric injury may fail on policy grounds even where Alcock criteria satisfied [fireman could not claim after rescuing son from car crash] |
H
Hall Ltd v Simons
Advocates can be liable for negligent advocacy
Harris v Birkenhead Corporation
For occupier's liability, occupation is equated with control, not physical occupation [child injured in derlict building after local authority had taken ownership
Harrison v Southwark & Vauxhall Water Co
A temporary, lawful interference will generally not amount to a nuisance [interference caused by drilling a water bore
Haley v London Electricity Board
In negligence, standard of care must accomodate defendant's peculiarities if they are forseeable [blind pedestrian falls into defendant's workings
Hartt v Newspaper Publishing
In defamation, the 'right-thinking person' is not 'avid for scandal'; the fact that a defamatory meaning can be read does not mean that it will_ be so read
Heath v Mayor of Brighton
To amount to nuisance, an interference must affect people of normal sensitivity [unusually sensitive minister affected by noise which did not affect church services
Hedly Byrne Ltd v Heller Ltd
There can be liability for negligent misstatement leading to pure economic loss
Henderson v Merrett Ltd
There can be liability for negligent provision of services leading to pure ecomonic loss (extension of Hedley Byrne)
Heard v Weardale Cole & Coke
No false imprisonment if claimant voluntarily places himself into confinement [mine operator not liable for refusing to return miner to surface
Herald of Free Enterprise, Re
The fact that a practice is commonplace and acceptable does not prevent it being negligent [ ferries setting sail with bow doors open
Hill v CC South Yorkshire
Police do not attract civil liability for failing to apprehend criminals [mother of murdered woman failed to recover damages from police for not preventing her murder
Hollywood Silver Fox Farm v Emmett
Lawful and reasonable action is more likely to amount to nuisance if motivated by malice [defendant landowner liable for harm deliberately caused to claimant's business following defandant's (lawfully) shooting on his land
Home Office v Dorset Yacht Co
'Neighbour principle' of Donoghue is a statement of principle [borstal supervisors liable for damage caused by escaped inmates
Horrocks v Lowe
For qualified privilege to succeed, defendant must believe the imputation he makes; but the belief need not be rational [remarks made by councillor in council meeting attracted QP, despite being irrational
Hotson v East Berkshire HA
No damages for 'loss of a chance' [boy loses leg after falling from tree] (but strict test of proof of causation may be upset by Fairchild)
Hudson v Ridge Manufacturing Ltd
Employers not vicariously liable to employee for injury caused by wrongdoing of fellow employee, but still primarily liable for not providing competent coworkers
Hughes v Lord Advocate
Damage is not too remote if it is of a foreseeable meta, even though not of forseeable extent [boy injured when oil lamp fell into hole and exploded
Hunter v Canary Wharf Ltd
To succeed in nuisance, claimant must have an interest in land; interference with television reception by building does not amount to nuisance
Hussain v Lancaster CC
Landlord not liable in nuisance for tenants' wrongdoing, unless foreseeable [racial harrassment by council tenants] (see also Tetley v Chitty)
Huth v Huth
In defamation, there is no publication if the defendent need not have forseen that anyone but the claimant would read the imputation [defamatory private letter was not 'published' when read by the claimant's butler] |
I
ICI Ltd v Shatwell
Although unusual, it is occasionally possible for an employer to use the defence of volenti in an action by an employee [employee handling explosives in contravention of employer's instructions and statutory safety codes] |
J
Jobling v Associated Dairies Ltd
A natural event which overrides a tortious injury is a novus actus interveniens (but see Baker v Willoughby_ -- tortious event is not _novus_)
Johnstone v Bloomsbury HA
Employer may be liable to employee for stress-related mental health problems [junior doctors sues HA for physicatric problems resulting form overwork
Joel v Morrison
An employee who is 'on a frolic of his own' is not acting in the course of his employer's business (see also Storey v Ashton)
Jolley v Sutton LBC
Whether a hazard is forseeable must not be approached in too narrow terms [owners of derelict boat liable for injuries caused to boys trying to repair it
Jones v Boyce
It is not contributory negligence to act irrationally in the heat of the moment [passenger injured jumping off coach about to overturn
Jones v Livox Quarries Lt
For contributory negligence to succed against a claimant, it is not necessary to show that the claimant ought to have forseen the precise injury. A party is guilty of contributory negligence if he ought reasonably to have foreseen that, if he did not act as a reasonable prudent man, he might be hurt himself [claimant contributorily negligent when injured while riding on the towbar of a vehicle which was struck by another vehicle]
Kennaway v Thompson
Where the claimant proves nuisance, he is ordinarily entitled to an unjunction against the defendant, and not limited to damages [injunction granted against a watersports operator, despite hist argument that the social utility of sports facilities should allow the activities to continue and the plaintiff be satsified with damages
Kent v Roberts, Griffiths, and London Ambulance Service
Emergency services do not owe a duty of care to the public, but do to an individual once a request for help has been accepted [claimant suffered brain damage after late dispatch of ambulance
Keppel v Sa'ad bin Ahmad
Employer not vicariously liable for deliberate wrongdoing of employee [bus conductor struck passenger during altercation] (see also Generale Bank Nederland)
Khorasandjan v Bush
Harrassing phone calls can amount to nuisance (but C of A decision that nuisance is actionable without interest in land later overruled in Hunter)
Knightly v Johns
In negligence, the chain of causation is more likely to be deemed broken by negligent conduct than sensible actions [negligent motorist not liable for damage caused when police officer sent a constable against the flow of traffic to close tunnel
Kubach v Hollands
Product liability may be excluded by suitably clear warning [chemical supplier not liable for explosion in school chemistry lab
Lane v Holloway
Self-defence may be used against an action in battery, but only if it is in proportion to the threat [defendant struck a 68-year-old man violently in response to an insult against the defendant's wife
Latimer v AEC Ltd
It is not necessary to go to extraordinary lengths to avoid unlikely risks to avoid liability in negligence [factory floor contaminated with oil; risk of slippage could only be avoided by closing the works] (see also Bolton v Stone
Leakey v National Trust
There can be liability in nuisance if the interference arises from the natural state of the defendant's land, and nuisance was forseeable [claimant's property damaged by landslide
Leigh v Gladstone
Necessity is a defence to an action in trespass [force-feeding of hunger striker] (but see also B v NHS Trust)
Letang v Cooper
Trespass requires intentionality, even if action is direct [car driving over claimant's legs was not a trespass -- only negligence available
Limbus v London General Omnibus
Employer vicariously liable even if employee is carrying out his duties improperly [bus company liable for damage caused by drivers racing
Lister v Hesley Hall
Employers not normally vicariously liable for deliberate wrongdoing of employees (e.g, Keppel), except where the opportunity for wrongdoing is 'inextricably interwoven' with the duties of employment [residential school liable for abuse of pupils by warden
Lister v Romford Ice & Cold Storage Ltd
An employer held vicariously liable for an employee is entitled to recover an intemnity from the employee [insurers allowed to sue negligent driver on behalf of his employers
Lloyd v Grace Smith & Co
Employers not normally vicariously liable for criminal acts of employees (e.g, Generale Bank Nederland), except where it holds out that the employer is entitled to act in certain ways [solicitor liable for clerk's fraudulent property transaction
London Artists v Littler
Defence of fair comment only allowed where comment is based on true facts [stage producer claimed that actors deliberately sabotaged a play] (but note that this restriction does not apply to qualified privilege -- Horrocks)|
Lowerey v Walker
For occupier's liability, a person is not a trespassor if he has implied licence to enter (but see Edwards v Railway Executive) |
M
McFarlane v Tayside Health Board
Costs of brining up a healthy child not recoverable in negligence [pregnancy after negligent sterilization] (but see Rees v Darlington)
McGhee v NCB
In negligence, strict causation need not be proved if the defendant contributed materially to the claimant's injury [worker claimed against employer for not providing washing facilities for removing brick dust] (see also Fairchild)
McKinnon industries v Walker
Although no recovery in nuisance if claimant is unusually sensitive, greater losses of unusual sensitivity are recoverable if a person or object of normal sensitivity would have been affected (orchid growing affected by chemical fumes which would have affected sturdier plants)
McHale v Watson
In negligence, standard of care expected of children is that of a 'reasonable child' of the same age [12-year-old defendant not liable when he threw a metal stick which struck the claimant
McLoughlin v O'Brian
Psychiatric injury recoverable if claimant attends the immediate aftermath of a tragic event, and witnesses it by 'unaided sense' [claimant witnessed dead and untreated injured family members in hospital after accident] (see also Alcock)
Malone v Laskey
Remedy in nuisnce only available to claimant with proprietary interest in land [licencee occupier suffered injury and damage by vibrations from adjoining property -- not recoverable in nuisance
Marc Rich & Co v Bishop Rock Marine Co
Even if there is forseeability and proximity, duty of care only imposed where there are no policy reasons to avoid doing so [marine classification society not liable for loss of cargo
Marcic Thames Water Ltd
Breaches of Art.8 of ECHR may amount to nuisance [water company allowed floodwater to overload sewers
Mason v Levy Auto Parts Ltd
In Rylands v Fletcher, 'non-natural user' can be equated with 'unreasonable use' in the law of negligence [claimant's garden damaged by combustion of solvents on defendant's land
Mason v William & Williams
In product liability, claimant needs to show defect caused by manufacture, on balance of probabilities [eye injury caused by spark from defective chisel; defect could have been caused elsewhere, but claimant did not have to prove it was not
Maynard v West Midlands RHA
Professionals not negligent merely because a body of fellow practitioners would have acted differently [claimant's vocal cords removed to prevent spread of Hodgkin's disease
McWilliams v Sir William Arrol Ltd
Even if employer breaches duty of care to employee, employee can only recover if the breach if the cause of the injury [construction worker would not have worn protective harness, even if provided
Meering v Graheme-White Aviation Co
False imprisonment still possible when claimant does not know he is imprisoned [claimant questions while two security guards Pstationed outside to prevent his leaving
Mersey Docks v Coggins & Griffith
Where employee seconded to another employer, it is presumed that vicarious liability remains with the original employer [damage caused by negligent operation of dock crane
Monson v Tussauds
To prove libel, there must be publication in permanent form; however, publication need not amount to words [wax efigy depicting claimant with gun was an actionable libel
Morgan v Odhams Press
Whether a defamatory imputation refers to the claimant depends on whether a reasonable person who knew the circumstances would understand it to [claimant wrongly implicated in kidnapping of girl by criminal gang
Morris v Murray
Entrusting his safety to an obvious drunk may make the claimant volenti [ drunk pilot kills himself and injures passenger] (but does not apply to car drivers -- see Dann v Hamilton_)
Muirhead v Industrial Tank Specialities Ltd
Pure economic loss not recoverable when arising from defective product [lobster farmer lost profits while defective tanks being repaired
Murphy v Brentwood DC
Pure economic loss resulting from defective inspection not recoverable outside of contract [local authority inspectors negligently passed building plans
Mutual life v Evatt
For liability under the Hedley Byrne principle, defendant should be primarily in the business of giving advice [claimant lost money after negligent investment advice] (but close in the House of lords, and now somewhat out of favour -- see Esso v Mardon_) |
N
Nettleship v Weston
In negligence, standard of care not lowered by defendant's limitations [learner driver must drive as a reasonably competent driver] (but not applicable to children -- see McHale v Watson)
Newstead v London Express Newspapers
No defence to defamation action that the defendant did not mean to refer to the claimant [man libelled by newspaper because he coincidentally had the same name as the subject of an article
Nicols v Marsland
No nuisance if interference is 'act of God'
Norwich CC v Harvey
Exclusion of liability in contract, if reasonable, will exclude liability in tort [claimant's premises damaged by negligent use of blowtorth by defendant subcontractor; claimant's contract with main contractor excluded liability of subcontractors] |
O
Ogwo v Taylor
Professional rescuer is owed a duty of care by person who causes danger [fireman injured by exploding chip-fat in fish-and-chip shop] (also Salmon v Seafarer Restaurants)
Osman v UK
ECHR forbids the polic blanket immunity from negligence claims [police failed to prevent disturbed teaching killing pupil
Owens v Brimmell
Accepting lift from drunk driver may amount to contributory negligence (but not volenti unless extreme -- see Dann v Hamilton_, _Morris v Murray_) |
P
Page v Smith
'Primary victim' of negligence can recover for psychiatric injury under ordinary principles of personal injury [claimant's mental health affected by relatively minor road accident
Palmer v Tees HA
'Secondary victim' can only recover for psychiatric injury if he witnesses events or aftermath [mother of murdered daughter could not recover, despite close involvement with police investigation
Pape v Cumbria CC
Employer liable to employee if employer fails to warn of dangers inherent in work [cleaner contracted dermatitis from handling detergent] (but see McWilliams v Sir William Arrol Ltd)
Paris v Stepney BC
In negligence, standard of care is raised if defendants knew of claimant's abnormal sensitivity to injury [one-eyed claimant blinded by injury to remaining eye
Parkinson v St James & Seacroft Hospital
Costs of bringing up a disabled child may be recoverable in negligence [parents of disabled child succeeded against hospital for negligent sterilization
Perrett v Collins
Marc Rich immunity should not readily be applied in personal injury cases [inspectors of light airplane liable for injury to passenger
Perry v Kendricks Transport
Rylands v Fletcher does not apply when damage is caused by deliberate act of a third party [owner of coach park not liable for injury caused when petrol tanks deliberately drained and ignited by persons unknown
Phipps v Rochester
Occupiers must be prepared for children to be less careful than adults (Glasgow Corporation v Taylor), but is entitled to assume that parents will exercise control over their children [child fell into trench that should have been obvious to parents
Pitts v Hunt
Claim fails if claimant incited defendant to criminal act (ex turpi causa) [motorcycle passenger could not recover from (deceased) driver after inciting him to dangerous driving
Priestly v Fowler
Employer not vicariously liable to employee (but this principle now reversed by the Law Reform (Contributory Negligence) Act (1945)) |
R
R v Bournewood NHS Trust
No false imprisonment when a patient would have been detained under Mental Health Act powers if he had tried to leave (but see Meering v Graheme White Aviation)
Rae v Mars Ltd
A prominent notice may exclude occupier's liability (Ashdown v Samuel Williams), but stronger measures may need to be taken if the danger is unusual
Read v Lyons
In Rylands v Fletcher, what consitutes 'natural user' will change with social factors [munitions factory held to be natural user in wartime
Ready-Mixed Concrete v Minister of Pensions
In determining whether a person is an employee or not, due weight must be given to the wording of the contract, but a worker who carries the economic risk is unlikely to be an employee (driver paid for own vehicle -- not employee despite contract)
Rees v Darlington
Disabled parent may be able to recover costs of bringup up child after negligent sterilzation; healthy parents should also (despite McFarlane) be entitled to a 'conventional award'
Reeves v MPC
Police liable for suicide in custody where suicide was foreseeable
Revill v Newbury
Occupier owes duty of care to trespasser, even one with criminal intent (defendant hid in garden shed and shot burglar)
Reynolds v Times Newspapers
Political journalism does not automatically attract qualified privilege
Rickards v Lothian
Accumulation of water for domestic purposes is not a 'non-natural user' for Rylands v Fletcher [water tank overflowed onto claimant's premises
Rigby v CC Northamptonshire
In Rylands v Fletcher, defendant need not have an interest in land [police fired tear-gas canister into house
Robinson v Kilvert
To amount to nuisance, an interference must affect processes or property of normal sensitivity [no recovery for damage to unusually sensitive paper manufacturing process affected by heat] (see Heath v Mayor of Brighton, but see also McKinnon Industries v Walker_)
Robinson v Balmain New Ferry Co
No false imprisonment if a reasonable fee is charged for release [claimant forced to pay 1p to exit ferry dock
Roe v Ministry of Health
In product liability, defendant's standard of care judged against knowledge available at the time of the incident [spinal anaesthetic contaminated by seepage through microscopic cracks in glass ampoules
Roles v Nathan
Occupiers can expect visitors to exercise skill appropriate to the purpose of their visit [no liability to chimney sweeps who fell in dangerous chimney
Rose v Plenty
Vicarious liability may still be found when employee acts against express instructions, if employers knew that this was likely [child injured when thrown from a moving milk float] (but see Conway v George Wimpey)
Ross v Caunters
Solicitor liable to beneficiaries for negligent handling of will (based on dubious principle of Anns v Merton BC, but nevertheless upheld by House of lords in White v Jones_)
Rylands v Fletcher
Defendant who makes 'non-natural user' of his land liable for escape of dangerous things accumulated there |
S
Salmon v Seafarer Restaruants
Professional rescuer is owed a duty of care by person who causes danger [fireman injured by exploding chip-fat in fish-and-chip shop] (also Ogwo v Taylor)
Scott v London & St Catherine Docks
In negligence, where (i) defendant has sole control of the cause of damage, (ii) the injury would not have arisen without proper care, (iii) there is no other evidence of cause, then negligence may reasonably by assumed (res ipsa loquitur) [claimant struck by falling sacks of sugar
Sedleigh Denfield v O'Callaghan
Escape of water from pipework may amount to a nuisance [pipe blocked by leaves in pipe laid by defendant water company] (but see Transco v Stockport)
Sheehan v Nash
Actions outside the scope of consent amount to battery [hairdressing committed battery by applying the wrong hairstyle
Sim v Stretch
A defamatory imputation is one that 'lowers the plaintiff in the estimation of right-thinking members of society' [claimant failed to satisfy this test, regarding letter which he felt implied he had borrowed money from his housemaid
Sims v Leigh RFC
OLA'57 does not allow for recovery where visitor to premises voluntarily accepts risk [player injured in rugby match] (Bunker v Charles Brand says that knowledge of danger in itself_ does not make the claimant _volens_)
Slipper v BBC
In defamantion, each new release of the imputation constitutes a new publication by the original defendant [BBC alleged police officer negligent in failing to apprehend the perpetrators of the 'great train robbery'; new libel each time allegation repeated in newspapers
Smith v Charles Baker Ltd
Defence of volenti rarely applicable to employers in actions by employees [employee injured by rocks falling from crane] (but see ICI v Shatwell_)
Smith v Leech Brain Ltd
In negligence, damage is not too remote when it results from claimant's vulnerability ('egg-shell skull') [defendant with predisposition to skin cancer suffered metal burns
Smith v Littlewoods Organization Ltd
No general duty of care to prevent harm caused by another person's deliberate wrongdoing [owners of derelict building not liable when trespassers caused fire
Smith v Stages
Employer vicariously liable for torts committed by employees while travelling between premises (pipe lagger crashed car driving back from assignment in employer's time)
Spartan Steel & Alloys Co v Martin & Co
Pure economic loss not recoverable (claimant could not recover for lost productivity during power outage)
Speed v Thomas Swift & Co
An employer has a duty to his employees to devise a safe system of work (employee injured when loading ship with damaged rails)
Spring v Guardian Assurance
Person who negligently offers a detrimental job reference may be liable to the candidate for the consequences
Stanley v Powell
Trespass to the person requires an element of fault
Stansbie v Troman
Defendant may be liable for harm caused by another party's wrongdoing, if he accepted responsibility to prevent that harm [decorators left house unlocked, allowing burglars to gain access] (but see Smith v Littlewoods)
Stennett v Hancock & Peters
In product liability, 'manufacturer' interpreted broadly (person who repaired lorry wheel incompetently was a 'manufacturer')
Stephens v Myers
Assault does not require physical contact
Stephenson Jordan & Harrison Ltd v MacDonald & Evans
A person is an employee if his work is an integral part of the employer's business
Storey v Ashton
For vicarious liability, an employee who makes a journey outside working hours is not acting in the course of business
Stovin v Wise
Local authority not liable for negligently failing to exercise the power it has (LA had determined to improve a section of road, but did not ultimately do so. Not liable for resulting accident)
Sturges v Bridgman
Whether a nuisance is actionable dedpends on the locality (what would be a nuisance in Belgrave Square would not necessarily be so in Bermondsey -- but see St Helens Smelting)
St Helens Smelting v Tipping
Where a nuisance causes personal discomfort, whether it is actionable depends on the locality; when it causes physical damage, it does not [smelting fumes damage trees and crops
Swinney v CC Northumbria
Despite Hill v CC South Yorkshire, the police have a duty of care to members of the public with whom they have a relationship of proximity (there was a cause of action against the police for allowing details of an informer to be released; however the action failed at trial) |
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Tetley v Chitty
Landlord not liable in nuisance for activity of lessee, unless the nuisance arose from the purpose for which the lease was granted [lease made for the purpose of operating a go-kart track] (but see Wringe v Cohen)
Thomas v Bradbury, Agnew Co
Defence of fair comment negative by malice [writer of defamatory book review failed fair comment because his hostility to the authors books was evident in court
Thomas v NUM
No assault if threat cannot be carried out (miners not assaulted by pickets, because they were inside a bus and the pickets outside)
Thrace v Maurice
Doctors liable to pay costs of raising child after negligently failing to warn on the risk of unsuccessful vasectomy (but see more recently MacFarlane v Tayside, and even more recently Rees v Darlington_)
Tolley v Fry
Where defamation is based on true innuendo, claimant must show that readers would have had the necessary information to complete the innuendo [amateur golfer pictured with defendant's chocolate
Transco v Stockport MBC
Rylands v Fletcher still good law; but accumulation of water is not actionable either under RvF or nuisance [water pipe fractured and damaged gas main
Tubervill v Savage
No assault if threat cannot be carried out (see also Thomas v NUM) |
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| Vitelli v Mundie's Select Library
For defamation, dissemination may amount to publication [mobile library failed return libellous book when requested by publisher] (but now innocent publication defensible under s.1 Defamation Act 1996) |
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Wagon Mound, The
In negligence, only consequences which are reasonably foreseeable can lead to recovery of damages (but see Hughes v Lord Advocate, Doughty v Turner_)
Walker v Northumblerland CC
Employers liable for stress-related illness if such an illness is forseeable (see also Johnstone v Bloomsbury)
Watson v British Boxing Board of Control
Although there is no liability for voluntarily-assumed risks, liability may be found where defendant has assumed responsibility to minimize those risks [claimant boxer had accepted the risk of injury by another boxer, but not the risk of inadequate medical treatment
Watt v Herfordshire CC
In negligence, duty of care less likely to be breached in emergency situations [claimant fireman struck by incorrectly-stowed equipment while driving to fire
Watt v Longsdon
Defence of qualified privilege requires that the person to whom the imputation is communicated has a duty to receive it [company chairman not liable for repeating imputation to board members, but was liable for repeating it to his wife in a social setting
Wells v Cooper
In negligence, standard of care assessed by reference to the reasonable person who holds himself competent to do the work in question [claimant injured when badly-fitted doorhandle broke off door
Whatman v Pearson
Employer liable for employee's authorized activity performed in unauthorized way [employee left horses unattended in street] (see also Limpus v London General Omnibus)
Wheat v Lacon
The 'occupier' of premises is the person in control of the premises
Wheeler v JJ Saunders Ltd
Planning approval for activity does not prevent it being a nuisance [defendant liable despite planning authority for a pig weaning business
White v Jones
Hedley Byrne liability may be extended for claimants other than those to whom negligent advice was given [solicitor liable to beneficiaries of will] (see also Goreham v BT_)
Williams v Reason
For justification to succeed as defence to defamation, it is the 'sting' of the imputation that must be shown to be true, not the specific facts [amateur rugby player failed to claim in defamation when defendant alleged he had written a book for profit; the 'sting' was that he made money from the sport, which was shown to be true by other evidence
Wilkinson v Downton
There may be liability for any intentionally-inflicted physical harm, even if it does not amount to a trespass to the person (woman wrongly told that husband had been injured)
Wringe v Cohen
Landlord not ordinarily liable for nuisance committed by lessee (but see Tetley v Chitty), but he may be liable if he has a contractual obligation to repair [nuisance caused by dangerous wall that landlord had an obligation to repair] |
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Yachuk v Oliver Blaise Co
A child is unlikely to be contributorily negligent [garage supplied petrol to child, who used to to make a fire] |