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Negligence - Coggle Diagram

- - - - O'Gorman v Ritz put foot on seat in front at cinema, someone sat on it, too remote - no liability as not a known risk
      - Healy v Bray UCC rock hitting person due to wind going through fence - very unlikely set of events
      - in a pub
        
        Hall v Kennedy pub patron attacked, said attacker should have been kicked out - held - duty owed - could refuse to serve or kick out - in this case no liability as no indication person of violent temperment
        
        Wallace v Flynn attacked in smoking area, no liability as nothing like it had happened before
      - Doody v Clarke duty to control fellow passengers, had no opportunity to stop passenger throwing egg
    - - Fitzsimmons v ESB electric poll down, should have sent someone out sooner knew how dangerous situation was
      - Paris v Stepney Borough Council had one eye, no safety googles, owed duty to him as getting struck in eye worse consequences for him
      - Vowles v Evans ref allowed flanker play in front row in contested scrums - risk of serious injury taken into account
    - - Latimer v AEC water mixed with oil, sawdust placed down to make it less slippy, plaintiff slipped in areas less used - held had takek reasonable steps to deal with problem
      - Muldoon stabbed by shiv in prison, court held no liability as not practicle to search person everytime moved to different part of prison
      - Creighton stanley knife used in prison stabbing - breached standard - owed duty to not let it be smuggled in
    - - Watt v Hertford Council fire brigade used a different trailer for fire, broke off and crashed into someone - didn't breach standard due to nature of acitivity
      - Flynn v Bus Atha Cliath sudden break to avoid hitting child, did owe duty to passengers but acted with highest standard to avoid hitting child
      - Curley v Mannion obligation to control children in care
- - - - damages suffered would not have occured but for defendants actions
      - Kenny v O'Rourke defective ladder but fell due to plaintiff leaning over - not liable
      - Barnet v Kensington hosptial in hospital, sent home told see GP in morning, died due to arsenic poisoning (hospital breached duty but would have died regardless so not liable
      - Topaz employee at deli counter, person stabbed outside, she had to ring Gardai, not able to use panic alarm as locked in office, fear may be called back and killer hear, suffered PTSD - agravated by being in position where had to make call
      - Geoghegan v Harris dentist didn't warn of a specific risk from surgery, had been told about other risks, court - should have told about risk but due to plaintiffs attitude no liability (would have ignored it anyways) showed no concern about more likely risks forced to come in before to take about risks
      - Collier stairs at Slane collapsed due to inherent defect, not liability wouldn't have been spotted if architect hired
    - - for when multiple negligent behaviours
      - Bonnington Castings v Wardlaw got disease from dust had multiple employers - court applied liability to anyone would caused more than minimal exposure - material contribution
      - McGhee covered in dust for work, no washing facilities, got bad skin condition due to it - lack of washing facitilites increased chances of exposure - liabile
      - Wilsher born prematurely and given too much oxygen by hospital, later life suffered blindness, risk increased by too much oxygen- held 0 number of potential causes, no new principle of law from McGhee - not liable
      - Fairchild v Glenhaven exposed to Asbestos by a few employers, don't which one caused disease, held - McGhee could be applied in certain situations, risk of injustice as no answer provided by science
      - Quinn two potential incidents one during birth itself and one during pregnancy, both increased chance - held - not something attributable to negligent act - no liability
      - Williams v Bermuda Hospital untreated for Sepsis, point where should have been spotted, continued for 2 hours 20 minutes longer than should have - material contribution
  - - - old approach
        
        Direct consequences
        
        Polemis drop a plank into ship hold, caused explosion blowing up entire ship, foreseeable would cause some damage so liable for everything - if any damage is foreseeable than liable for all damage
      - New approach
        
        Reasonable foreseeable
        
        Wagon Mound leaked oil in Sydney Harbour, special oil so continued to weld metal, sparks hit cotton which lit the oil causing fire and destroying ships - court adapted test - liable for damage that is foreseeable
        
        confirmation of it in Condon v CIE train disaster court held any damage reasonable foreseeable could be sued for
    - - egg shell skull rule
        
        generally take victim as you find them
        
        Smith v Leech hit on lip with molten metal developed cancer
        
        McCarthy v Murphy in minor RTA, developed depression - take vicitm as you find
      - Edison Rule Edison case - dredger sunk had to finish work, hired new dredger to finish, court held - hiring new dredger not reasonably foreseeable only buying a new one was so only could recover for price of new dredge
        
        doran v delaney
    - - look at reasons why not liable for harm caused
      - Clabby v Global Windows leaned down low to get at post box with heavy bag on back, held factual cause was low post boxx and heavy bag but legal cause is plaintiffs failure to put down bag
    - - McMahon and Bincy - was intervening act reasonably foreseeable and was it voluntary
      - Kenny v O'Rourke damage too remote fell because of your actions
      - McKew v Holand injured one leg, going down steps with no handrail, leg goes into spasm, fall and break other ankle - chain of cuasation borken - main cause was decision to go down even knowing no hand rail
      - Breslin car stolen with key in ignition, not reasonable to expect would injure someone else
      - Conole v Redbank bought boat, didn't use it as knew defective, one day used due to being busy - made decision to use it despite knowing of danger
      - Crowley v AIB due to design of roof at a branch kids climbing on it, knew about - should have acted liable - both AIB and architect liable
      - O'Brien v Dunnes Stores Dunnes employee in altercation with youth, no working mike to call for support, passer by intervened, youth leaves and comes back with bike chain, hits passer by - held didn't see chain specifically but foresaw an injury happening
- - - - adopted in Ireland in Kirby V Burke & Holloway product liability case, where sued grocer and manufactuer over jam - manufactuer owed duty, grocer not
    - - Hedley Byrne into pure economic loss for bad advise on financial health (negligent misstatement)
      - Dorset Yach Club liability impose for boys who escaped detention and caused property damage - owed duty to those in the area
    - - 2 stage test
        
        is their sufficient proxinmity such that wrongdoer reasonably contemplates wrongdoing on his part could cause damage to proximate person
        
        any considerations that limit scope of duty
      - criticised - basically berging two steps of Stephenson and adding policy step
      - move away from incremental approach
    - - new areas
        
        nervous shock McLoughlin v O'Brien informed of accident, went to hospital, great distress coming upon aftermath - suffer psychiatric illness - duty of care extend
        
        Junior books wanted a smooth floor, not done, had to have it redone, lost profits and costs of redoing it, applied 2 stage test (proxmity and nothing to restrict duty)
        
        criticism
        
        Yuen Kun-Yu foreseeability of harm necessary ingredient but not only agreement otherwise too broad
        
        Muirhead - junior books treated on own facts, as very close relationship between parties
      - Caparo industries v Dickman negligent misstatement, shareholders in company, received accounts at AGM relied on those, error, lost money
        
        3 stage test
        
        foreseeability of damage
        
        proximity
        
        fair just and reasonable to impose duty
        
        return to incremental approach
      - Murphy v Brentwood received plans for house, sent to engineers who approved, plaintiffs bought home (damaged) sold for half the half - Anns was too broad
    - - W v Ireland Anns not a major innovation just confirmation of Donoghue v Stevenson test
      - Ward v McMaster problems with a bungalow bought from local authority who sent valuer, said good state of repairs, they bought it based upon it, after engineer said premises unsafe - held duty owed to prevent damage, foreseeable purchasers lack own expert - policy argument suceeded if have to send out engineers less money to spend
        
        3 hurdles
        
        absence of compelling exemption based on policy
        
        foreseeability of damage
        
        proximity
        
        opposed to incremental approach
      - diverged since Anns
      - Glencar v Mayo County Council prospecting for mine ores, granted prospecting licence, lost sums as council adopted mining ban, sued for economic loss
        
        4 elements
        
        public policy consideration
        
        fair just and reasonable that law impose duty
        
        proxmity or neighbourhood
        
        injury or damage reasonably foreseeable
        
        approval of Sutherland law can only expand in increments
        
        shift towards Caparo
      - Whelan v AIB Glencar only applied in novel areas, not novel so not applicable - limb 3 and 4 very similar
      - Crommane Seafood dissent, 4th criteria just and equitable doesn't add much
      - UCC v ESB dams owned by ESB, could have controlled water so didn't flood, would have flooded if dam not there - criticised fair, just and reasonable (just and equitable) limb of Glencar - added 4th limb - if new duty contended is consistent with common law first principles if no analogy with previous case law - liable here - special level of control over danger
  - - - Breslin v Corcoran car stolen, crashed by thief, injured person, did Corcoran have liability for crash as left key in engine - held -reasonable foreseeable that it would be stolen not that it would cause harm
    - - McMahon and Binchy - closeness in space and time
      - Shinkwin employee injured in work, was managing director liable, heavily invovled in day to day, close involvement meant sufficient proximity
      - Fay v Tegral Pipes injured at work, company in liquidation, directors not involved in day to day, proximity not sufficient
    - - W v Ireland no duty on police to prosecute
      - Capital and Counties v Hampshire - firefighters no proximity to specific homeowners - no proximity by attending fire
      - Goodwill v British Pregnancy Advisory Service performed vaectomy, still became pregnant but didn't know man at time - no relationship at time - wouldnt be incremental development - no special relationship (group any woman willing to have sex with guy)
      - Kent v Griffiths duty on ambulance when had said yes
      - Ward v McMaster providing support for those in need of purchasing houses, if needed to hire engineer every time could help less people
      - public authority able to do job without fear of being suedBeatty v Rent tribunal
      - take into account practical considerations, floodgate arguments,, moral considerations, beneficial effects
      - Flanagan no duty on publican to prevent patrons from driving after drinking not realistic
      - Ennis HSE placed girl in home with psychiatric issues, caused fire (party started by friends)- not reasonably foreseeable - no history of starting fires and girl didn't start it
      - Michael v South Wales girl killed after after called police twice about abusive ex, call miscategorised - held no duty of care - don't want police basing decisions on avoiding being sued
      - Robinson person injured during arrest, duty owed
      - McGarr v Dublin Bus - no duty of driver to ensure passengers upstairs seated
      - McGee v Alcorn gave certs to builders, incorrect, knew would be presented to potential buyer
    - - Philips v Durgan if person creates dangerous situation he owes duty to person attempting to rescue him or her
        
        confirmed in Sheehan v Bus Eireann