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7 Cards in this Set
- Front
- Back
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standard of care owed |
foreseeable to a reasonable man |
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Waugh v James K Allen Ltd |
Shows that it must be voluntary. Driver was sick and had suffered this attacks before. Passed and thought he was better and so decided to drive. Dropped dead at the wheel and ran over pedestrian. Not in control and so was not breach of duty. |
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Muir v Glasgow Corporation |
Shows that the harm must be a reasonable and probable consequence. They asked for a room in a tearoom. Given access to the kitchen. Urn was dropped and scalded children. Not reasonable foreseeable |
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Malcolm v Dickson |
Painter did work negligently which led to a fire. Someone was inside and tried to save valuables. He had a heart attack but was held that this was too remote |
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general state of human knowledge at the time |
not what you know but what you should know |
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Roe v Minister of Health |
Spinal anaesthetic used in operation which was kept in a fenel solution which is harmful. Micro cracks in the tube when ended up paralysing patient from waist down. No liability as they did not know of danger. |
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Hughes v Lord Advocate |
A hole was unattended and boy and lamp fell in which resulted in an explosion. it was an improbable consequence. However, it was a known source of danger and so was liable. |
