You are on page 1of 9

Case Name Ratio

Barnett The causal relation between the alleged negligence (or actual careless
conduct) and the injury must be made out by the evidence and
consistent with the context.
Cooke When there are simultaneous indeterminate causes of a breach of duty
to the defendant, the liability will be proportioned equally amongst the
Wilsher When the breach of duty is due to cumulative reasons by the D, then
the most important reason shall be selected to be focused on.
Baker v
When a P is subject to 2 torts, the first tortfeasor is still liable for the
period after the 2nd tort.
Joblin When P is subject to 1 tort and subsequent non tort such as illness, P
will not be able to attain damages to cover the the period that follows
the 2nd non tort event. P must accept thevicissitudes of life
Gregg To establish a loss of chance is not to establish loss, loss of chance is not
recoverable in medical negligence claims
To establish a material increase of risk is not to establish loss
Chester Where P can only prove failure to receive information about the risk so
P was unable to consent to the medical treatment in an informed
manner then failure to obtain to informed consent will be grounds to
establish the loss for the purposes of causation
Donoghue v
A person owes a duty of care to his/her neighbor that he can reasonably
foresee that will be affected by their conduct. Foreseeability is the main
requirement taken from the case for establishing a duty of care.
It ought to apply (neighbor test) unless there is justification for its
exclusion. officer to use reasonable care to prevent a Borstral trainee
from escaping from his custody was owed only to persons whom he
could reasonably foresee had properly situated in the vicinity of the
place of detention of the detainee which the detainee was likely to steal
or to appropriate and damage in the course of eluding immediate
pursuit and recapture.
Anns v
Whether it is established a relationship between P and D based on
foreseeability or likelihood. If yes, then one should consider why there
is no duty of care. if someone possessed of a special skill undertakes,
quite irrespective of the contract, to apply that skill for the assistance of
another person who relies upon such skill, a duty of care will arise
Hill v Chief
Constable of
Yuen Kun
Yeu v
General of
Hong Kong
Marc Rich &
Co v Bishop
Rock Marine
Co Ltd
plc v
Pickersgill v
Hedley v
A duty of care can arise with respect to careless statements that cause
pure economic loss,
1. There must be a duty of care based on a special relationship
between the representor and the representee.
2. The representation in question must be untrue, inaccurate, or
3. The representor must have acted negligently in making said
4. The representee must have relied in a reasonable manner, on said
negligent misrepresentation.
5. The reliance must have been detrimental to the representee in the
sense that damages resulted.
Exception Subject
But for test
Concurrent -
Indeterminate Causes
Concurrent - Cumulative
Successive - involve 2
Successive - involve 1 tort
and 1 non-tort
Loss of chance as
Fairchild - a worker may not be able to establish loss
but if he can establish a material contribution to the
loss from working in said environment, then the courts
are lenient and usually rule in the workers favor.
The worker inhaled asbestos fiber causing medical
complications. If the worker has worked for several
places then the D can choose who to target for
Material risk of loss
Lack of medical consent
Duty of care
Policy & Foreseeability
Proximity - Courtroom
Proximity - Courtroom
Expert witness do allow a sufficient level of proximity
for the analysis of duty of care.(Watson)
Proximity - Courtroom
Proximity - Rescue Svc.
Proximity - Rescue Svc.
Proximity - Rescue Svc.
Teachers for special education will give rise for
proximity in the anlaysis for the duty of care(Phelps)
Proximity - Teacher
Parents can bring an action to the doctor if he failed to
advise them to terminate the pregnancy. The mother
may be able to claim damages for pain and suffering. If
the kid is sick they may be able to claim even more.
Proximity - Reproductive
medicine / Wrongful Life
If the child is sick, the doctor can be sued for the
difference of raising a sick child over a normal healthy
Proximity - Reproductive
medicine / Wrongful
Duty of Care - negligent

Case Notes
Three men went to hospital complaining about vomiting for several hours
after drinking tea, Nurse told doctor, doctor instructed nurse to tell them to
go home and call their family physicians,One man died for arsenic poisoning
five hours late
A group of men go on a hunting trip, the men shoot simultaneously, P gets
hurt, the cause is indeterminate, Court rules D's to be equally liable
Baby was born with multiple medical problems and due to negligence by
several treatments, the baby endured too many treatments to tell which one
was the culprit so court ruled that it shall be the most important reason to be
focused on.
P ankle hurt by D1, later P involved in a shootout and hit by stray bullet
leading to amputation of the same leg. Court ruled that D1 was still liable for
period after 2nd tort that caused the amputation.
P falls at work due to negligence of employer and hurts spine. P later has a
disease diagnosed to attack spine. Court found that D no longer is liable for
P's spine.
P found lump under arm. D diagnosed negligently. Cancer spread and
reduced his prospect of survival.
Chester referred to Neurological expert about lower back pain. It was said
surgery was the answer. P failed to inform of the 1-2% risk. Judge found that
there was a causal connection between the failure to inform.
Donoghue drinks gingerbeer with her friend who ordered it for her. Her
friend is the actual person who has a contractual agreement with the store
owner. Donoghue drinks and notices the snail. She then becomes sick.
borstal trainees escaped form custody during the night, The escapees went
aboard a yacht and caused damage to the plaintiffs yacht
Merton approved building plans for building. When builder finished the
foundation, Merton Council had the discretion of whether or not to examine
the foundation and they didn't. P were time barred but later court ruled in
their favor since cause of action arose when it was discovered.
Judges will not allow a sufficient level of proximity for the analysis of a duty of
Barristers will not allow a sufficient level of proximity for the analysis of a duty
of care
Witnesses will not allow a sufficient level of proximity for the analysis of a
duty of care
Ambulances will almost always allow for a sufficient level of proximity for the
analysis of a duty of care because the services provided are smilar that of a
hospital and the relationship is intimate.
Teachers are usually immune and take sympathy
Wrongful life is an action brought by the child to the doctor for not wanting to
be born. For policy reason, this does not allow a proximity to give rise to a
duty of care
Cases where parents underwent sterilization but the operation did not work
and mother conceives, Doctor cannot be usually sued.
Hedley (a firm) wanted to know if it would be advisable to extend credit to a
customer, Easipower. Hedley asked Heller whether it would be advisable.
Heller advised Hedley that it was appropriate to extend credit to Easipower.
Hedley extended credit and Easipower went out of business.
Hedley sued Heller.