SESSION 10 - TORT OF NEGLIGENCE.pdf

17 facts the defendants bought an old cinema for

Info icon This preview shows pages 17–25. Sign up to view the full content.

View Full Document Right Arrow Icon
17
Image of page 17

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Facts . The defendants bought an old cinema for restoration. Vandals had intruded into the premise to set a fire. The spread of the fire destroyed an adjoining property owned by the plaintiff. The plaintiff sued the defendant claiming he owed him a duty of care. Held : The court held that the defendant did not owe a duty of care to the Plaintiff for the acts of third parties. This was because the defendants were not aware of the independent acts of the vandals for which he no control and had no reason to suspect a fire would be started. 18
Image of page 18
The test is whether there is sufficient “closeness” or connection between the plaintiff and defendant. A good illustration of this concept is seen in the “nervous shock” case of McLoughlin v. O’Brien . 19
Image of page 19

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Facts . The plaintiff suffered severe medical trauma after seeing her husband and her 3 children in hospital shortly after a serious road accident. The accident was caused by the defendant’s negligence. She sued the defendant for negligence claiming damages for nervous shock. Held : The court held that she should succeed. 20
Image of page 20
The court highlighted 3 elements to the test of proximity in “nervous shock” cases. These are: Proximity to the accident in time and space. Closeness of the relationship with the person injured. The means by which the shock is caused, which must be by sight or hearing of the event or its immediate aftermath. Contrast this case with Bourhill v. Young 1943 . 21
Image of page 21

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Facts . A motor cyclist was killed when he was involved in an accident with another vehicle. A pregnant housewife, a stranger to the victim, who was on the other side of the road and shielded by a bus at the time of the accident heard a loud noise which alarmed her. Upon seeing the victim’s blood splattered on the road, she went into nervous shock resulting in a miscarriage. She sued the victim’s legal estate. Held : The court held that her action failed as she was “outside the scope” of foreseeable proximity. Lord Bridge in McLoughlin’s Case thought that she might have been able to recover had she been a close relative of the victim and the accident was unusually horrific. 22
Image of page 22
Looking at the circumstances of the case, is it just and reasonable to conclude that there is a duty of care? The courts being the “guardians of public policy,” use this as a ‘catch - all’ factor which allows them to view the entire case before deciding whether to impose a duty of care on the plaintiff. See the cases of Hill v. Chief Constable of West Yorkshire (Ravi’s text) and Home Office v . Dorset. 23
Image of page 23

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Facts . A person had been murdered. A member of his family brought an action in the name of the estate of the deceased to sue the police for failing to apprehend the offender, who at the material time was still at large.
Image of page 24
Image of page 25
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern