Tort Lecture CasesII

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Can you name the Tort Cases?

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Pleural plaques - show asbestos exposure - just a warning sign - sue for ticking time bomb? no - not physically ill - just worried about it. snap out of it.Pyschiatric contd. - mourning.. ft k's gp
2 categories - primary and secondary victims - injured claimant involved as participant/witness or bystanderMcFarlane v EE Caledonia probably stops grisly ones too...
Physically unhurt - ME chronic from accident - test is 'was it reasonable foreseeable.. risk of personal injury, physical or psychiatric' - generous for primary victim-
Lewisham train disaster - rescuer - generous btc
police tried to help the dying - injury? CA win, HL lose - only primary victim if exposed/reasonably believed yourself to be - to danger of physical injury...'a patchwork quilt of distintions that are difficult to justify' Steyn
Wembley construction - rush to injured man - improbable M believed he was at risk, if so unreasonablerobed
But... if D's negligence leads to a genuine and reasonable belief that you caused the injury.. then you are primary victim...two ms like two humps
the text for secondary victims - i. relationship love and affection, proved if not parent/engaged/married - cain and abel - prox of time and space - 8hrs too long (2 ok) iii. prox -
father by biker bedside - 14 days to die - shock? no - gradual development - death expected not surprising...park with a lion on the roof... heath
floodgates were too efective - pathological grief after son death - asleep with him - seizure - D negligent treatment - coma - brain damage - to other hospital - life support off -north cricket club trust...Julie...
mother of 16 - RTA extreme reaction - rush to scene - cannot see body - 2 hrs later at mortuary - kind policeman stopped claim? no - immediate aftermath - 'uninterrupted sequence' see the stars...stephen/squawky maritime bird...
pysch damage - sex abuse by foster child - negligent D gave them despite request - HL - 'immediate aftermath' - depends on sitautionuv.xy... boys/girls
self-inflicted injuries owe no DOC to secondary victims... policy - dad fireman at son crash-
pre-Alcock - property - leave BG to sort boiler - come home, house on fire - pysch injury - can recover (Gas assumed responsibility for injury...)Patrick 'contract'... with an i
wasn't us it was our computer that spammed you... no.duchess of york
'D wilfully done an act calculated to cause physical harm' husband broke 2 legs in RTA - shock - joke - liable-
The rule int he above is silly - you must show personal injury not just distress - strip search not enough... not deliberate humiliation just sloppyjust learn it! - rufus... v ho
Silence be a threat? yes - 'does your intentional action cause the reasonable apprehension of physical attack'-
non-striking miners - threatened - shouldn't have worried - police there and fabric of bus - not imminent enough-
who's the occupier? not in statute - this case tells us... who is control of the premises? more than one is possible...Occupier's Liability - shredded... brazil left back almost
owner knows field used as shortcut - in goes 'savage' horse - visitor or trespasser - no express persmission - public did this as matter of course - implied - no steps to take use Mike... v crisps
there is a limit to implied responsibility - late october evening 5 and 7 year old playing by unguarded sewer trench in wasteland - parents should be responsiblebordman &... v mr (corp)
lyme regis - algae covered wall - slipps and sues - no shut up - common knowledge - duty to warn only if without it wvisitor would have been unaware of nature/extent of riskstationary shop v wddc
63 year old on splat wall - injured by negligent - sue contractor and insurance - bankrupt - hospital - asked about policy done enough-
indoor climber - jumps from wall to wall - falls - should have warned me falling from great height is dangerous - no - obvious inherent risk in activitya bit like appleton v the alpha yak
my home is my castle - unless i intend to injure - mantraps etc. no liabilityq- old doesn't matter RA v D
Not so simple - not all trespassers are villains - kids? basic duty to them because people, not guests...- like BRB v PC above...
trespassing child over 7ft fence - skylight - should he have known? need actual knowledge of primary facts, police report etc. w/o knowledge, no.odd defendant name..natui
swimmer jumps breaks neck - lake did present risk because of state of lake/permission - just a lake - no need to warn of obvious danger... very rare for occupier to have duty to waswitches it over from nettleship - should tort be about punishment or compensation?
Dr owe DOC to 3rd party? P's daughter abducted assualted murdered by A under care of D's staff... failed to diagnose risk of sexual offences v. children - HL - cannot strike out acarnold... v golf____ HA
failed sterilisation of woman with visual disabilitis - additional costs of raising NOT allowed by HL - conventional non-compensatory £15k to mark injury and lossif more than one possible school of accepted and reasonable thought then either will do .R v DHMT
Dr owe DOC of costs of raising child 0-18? no - policy - child not a wrong. Rees the exception...andrew/jamie... next to the tay
adult of concious and sound mind 'completely at liberty to decline to undergo treatment, even if the result of his doing so will be that he will die.'bailey's dog v plain...
Prengant woman competent to make decision whether to consent & free to delclien treatment even if at death of child - 'needlephobia' - BUT needlephobia shows not of sound mind... gWe.. are.. the... - Alien will
don't assume everyoen with mental problems is incapable of deciding for themselves, depends, paraonid schizophrenic has enough understanding of proposed amputation to refuse consen-
mentally handicapped in sexual relationship - if body of Drs think in her interest...abcde.g v WBHA (left of hotson)
negligence or Breach of statute - to provide goggles - not insisted warn - DOC not satisfied...Industrial Injuries - b v sm
non-delegable - sending employer onto someone else's premises, still liable, McDermid v Nash yes, also older authority...- older mcdermid
draws a line - employee sent to Saudi Arabia too far - employer has no control there - other side of the world exceptionnot triangle c unltd v chef
industrial safety legislation breached - turns it into a tort in itself - breach of statutory duty - negligence and strict claims alongside...like an orchard... Dorset hospital, D was born...
causation escape - wouldn't have used the harness if provided - burden of causation remains in breach of statute - she has to prove he'd have used it...like scot racing team... and andy iverpool
'would the words tend to lower the plaintiff in the estimation of right thinking members of society generally?'Defamation - pc life simulation... v elastic
'ordinary man' - neither overly cynical or naivecarl... vs. DT
'particular section of the community' no good - must be society generally - 'ought to be thinking' according to court and what actually thinking tension... -
'does not depend on the intention of the defamer but the fact of defamation'butch v dmn
must refer to the claimant, poor old Camberwell man...-
must be substantially correct - ok exaggerated prison sentence/fine by a small bit but the gist was there...the great... v NE
fair comment - should really be honest comment - and 'proper journalistic material' defence-
Right to use highway only for certain purposes - racing tout watching training - public highway across privat eland - exceeding right to use highwayTrespass
Crane over land - trespass - stops him developing even though not using it - charge whatever...-
aerial photo - right to exclude? no - planes - s.76 Civil Aviation Act - don't own airspaceLenoard?
Squatters into council housing - argue defence of necessity - would have been on street otherwise - no - not necessity...-
quarry exploding everywhere - blasting - 48 members 7 families - ok AG will bring your claim...Nuisance - attorney general v pirates yachting ass. (Quarries)
Deformities from pregnancy exposure to toxic material - P's reclamation and decontam program in Corby- public nuisance DOESN'T exclude personal injury-
everyday noise - sue landlord - inadequate soundproofing - if not a tort against creator neither against landlorddiocese... lbc v wind... (like a turbine)
motor boats - substantial interference - injunction? limiting granted - size of boat and days-
character of area - storage depot - mixed industrial - acid smuts - vehicles etc... follows the one belowRobinson v Kilvert - NO to special sensitivity
copper fumes - trees - if physical damage NOT dependent on area - unreasonable in any contextmount...sm co v the... point
Loss of custom - economic loss - time of interference - not reasonable to work at night and sleep in day - hotel lost businessalmost like ms gear(e).. and a department store
LA laid drainage pipe trespassed so doing on C's land - blocked after storm - single flood - ONE bit of damage but continuity of THREAT - that is the nuisancesd v donnager..
d interfered with percolating water on his land to stop P - malice cannot make a lawful act tortious - a sign of the times?lovely names
guns fired near breeding foxes - kill young - firing shotguns unreasonable even if not abnormally sensitiveCHRISTIE V DAVEY
nuisance from natural phenomena - obligation to put out the tree?-
natural erosion - threatened building - employer should do what reasonable - SUBJECTIVE duty - depends on capacity of defendant...-
wife of property manager permitted to live on premises - injured by nuisance vibrations - no right to sue nor would hemolly...
property interest necessary to sue - occupation not sufficient - parents not children can sue-
Problem family let house by LA - did landlord authorise? no - mere foreseeability not enough... but next case?commoner v laser eyes
land let for go karting - LA knew - foreseeable - purpose was go-karting...cricketing beer... bang bang
Landlord let defective property under agreement putting obligation on T to repair - cannot escape liability - ought to have known dangerous - had control... if under 7 years - landlord - statute - b(rew)b(ros) v sn(orl)ax
statute is defence - refinery set up under (Bad drafting - not strictly interepreted) private act of parliament - AOP subjects people's rights to highger level of interference...Defences to Nuisance
disused naval dockyard into commercial port - planning permission changes character of area - balance community interest vs. individualsgill boat club.. and sarah...
but pig farm and holiday homes, does not change nature of area....... dealer... derek
saying C came to the nuisance is no defence...nuisance in belgrave square not in bermondsey...
yes sewage is harsh but there is a fair scheme of resource allocation - convention compliant - not unreasonable-
UK - heathrow does not overstep balance between convention rights of individuals and community interest - within bounds of discretion-
'brings onto his land and collects anything liable to do mischief if it escapes must keep it at his peril - must be non-natural - something liable to do mischief, escape, affect ti-
no escape here - damage in WWII munitions factory... ultra hazarda book - corner house
basin on 3rd floor blocked danger - special use not ordinary - rule doesn't apply where escape due to malicious act of 3rd party-
leather tannery 1.3m from borehole - percolated solvent - need reasonable foreseeability - it was not here. but it was non-natural use of land...-cw v ecl
can RvF do anything private nuisance can't? probably not bu tjust in case... water pipe council - natural/ordinary use - RvF not absorbed though.. only possible use, single piece ot v sport mbc....
Murder allegation in civil trial - won't undermine criminal Intentional Personal Injury + Fraud - bike shop v river(e)s/stream
cannot complain of the inevitable jostling of society/physical contact used to attract person's attention or welcome themwill (shrewsbury) v wil(male hen)
threates but restrained before got near chair of meeting - not imminent enoughold babysitter emily v mike shrek...
the miners again - bus, and whilst we're here, remember Wilkinson and Wainwright...-
charge must be reasonable on leaving premises... 'reasonable condition'Imprisonment - tony (baldrick)... v bf
store detective detained someone - not policeman with arrest on suspicion - only valid if actually committed - tortwelsh name on north welsh police d
sentencing - governor calculates according to law at the time - law changes - no fault - followed all guidance but strict - tortex turpi cause - illegality stopped the claim - r v gobp exp e
police hold beyond time limit - failed to follow procedure even though they could have done on the facts - tort - strict.roberts... wayne rooney's place.. ccoc
Kettling is lawful to avoid breach of peace under Art 5-
general rule, no recovery for PEL - damage to someone else's property...-
damage to the melt lost is recoverable... other stuff no...'The Aliakmon' - property not passed. no interest...
someone else's injury, footballer leg broken...-
you need with negligent misstatement, i. special relationship. ii. akin to contract, iii. voluntary assumption of risk. iv. reasonable reliancei. special relationship ii. assumption of responsibility iii. reasonable reliance
tests for HB - i. d aware of nature of transaction P had in mind ii. D knew advice would get to C iii. knew likely C would rely on itNB above remember... Chaudry v Prabhakar
Defective products - donoghue, anns, then... defect in item you have purchased NO - not tort - but exceptions...exceptions i. sufficiently close to contract, junior books - complex strctures...
Consumer protection - nothing could be done to stop hep risk - stil liable-
burn because cup lid came off and burnt? No?-
lid on the detergent wasn't up to FSA standards for child-proof - but 'what persons generally entitled to expect' met that... not Reasonably F... FSA = guideline not law-
when does the defect take place? hip... not in the manufacturer... not liable on but for... s.4(1)(d)the pied... v JRIM
development risks... must be completely impossible to prevent the defect - not P's objective knowledge, but needs to accessible. 5(6) explained by the directive 7(e)a continent v a nation
damages aim for full and fair compensatio - lump sum.. nominal/aggravated/exemplary
only go exemplary, above damage, when i. public official, ii. profit from tort, iii. statute-
compensation subject to mitigation and remoteness, in this case, not profit, just how much in interest in other bank, petrol...petrol estimate
this case, fraudulent, natural and direct, hairdresser, what you'd have got from investing in other business -
this case, expectation that they'd take reasonable care to ensure benefits passfailure to amend will
17.5k for loss of amenity, more if fully consciousWells v Wells & Heil v Rankin too
insurance is NOT deductedalmost blackburn but a bit badder, v GWR
if employee keeps paying, that is deductible...McCamley v Cammell Laird (gratuitous payment into insurance scheme)
the mum is worth as much as dad.. lets make... v mark _____ (manger)one above - ___ & repost v meat....
gratuitous services ARE recoverable-
dance partner - she died - her earnings are recoverable, his are PEL____ salmon vs. the angel of the crimea

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