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Negligence

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Case Name
Description
Le Lievre v Gould   requirement of duty of care first formulated  
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Donoghue v Stevenson   snail in ginger beer - neighbour principle  
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Hedley Byrne   negligent misstatements  
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Home Office v Dorset Yacht Club   borstal wardens - omissions  
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Anns   two stage test: sufficient relationship of proximity based on reasonable foreseeability; considerations of why there should not be a duty  
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Junior Books v Veitchi   allowed recovery for PEL caused by subcontractors  
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Governors of Peabody v Parkinson   local authority + drains - Anns not of definitive character  
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Leigh & Sillavan v Aliakmon SHipping   cargo damaged due to poor stowage - Anns applied to novel situations rather than established ones  
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Caparo   three stage test: reasonable foreseeability, proximity of relationship, fair just and reasonable. liability of auditors  
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Murphy v Brentwood   overruled Anns (same facts)  
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Ward v McMaster   endorsed Anns test in Ireland  
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Glencar   adopted Caparo in Ireland  
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Candler v Crane   refused to allow recovery in the absence of fiduciary relationship  
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Hamilton v Clancy   public servant sent telegram w/incorrect prices  
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Macken v Munster & Leinster Bank   bank held liable for inducing to sign promissory note based on negligent advice  
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Hedley Byrne   created liability for negligent misstatements - special relationship, special skill, reliance, voluntary assumption, damage  
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Bank of Ireland v Smith   applied Hedley Byrne in Ireland - estate agent  
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Chaudry v Prabha   liability can arise between friends - specific free advise, aware of reliance  
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WB Anderson v Rhodes   agent's liability  
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Woods v Martins Bank   bank liable for advice re: creditworthiness of customers  
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Banque Financiere v Westgate Insurance   duty cannot arise for mere failure to disclose  
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Smith v Bush   liable where high degree of probability some other identifiable person will rely upon advice  
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Business Computers International v Registrar of Company   no duty owed to adversary in litigation  
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Al Kandari v JR Browne   solicitor may step outside role + assume liability (passport)  
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Ross v Caunters   solicitor's duty to testator may be extended to beneficiaries  
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White v Jones   disappointed daughters  
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Hemmens v Wilson Browne   disappointed mistress  
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Wall v Hegarty   applied Ross v Caunters in Ireland  
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James McNaughten Paper Group v Hicks Anderson   liability ofaccountants  
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Yuen Kun Yue v AG for Hong Kong   position of investors  
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McMahon v Ireland   applied Yuen Kun Yue in Ireland  
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Spring v Guardian Assurance   duty to take reasonable care when preparing reference  
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Goodwill v British Pregnancy Advisory Service   no liability to woman who became pregnant after stating vasectomy was successful  
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Ministry of Housing v Sharpe   liable to both purchaser and Ministry for failing to register charge  
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Brice v Brown   able to recover once a reasonably strong-willed person would have suffered nervous shock  
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Victoria Railway Commanders v Coultas   unable to recover as no physical injury  
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Byrne v Southern & Western Railway   able to recover for fear of personal injury to himself  
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Page v Smith   created primary/secondary victim distinction - eggshell skull  
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Hambrook v Stoke Bros   fear of injury to relatives  
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Bourhill v Young   fear of injury to strangers  
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Boardman v Sanderson   able to recover as within foreseeable are of shock - knew he was on the premises  
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White v CC for South Yorkshire   police officers at Hillsborough disaster unable to recover  
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Curran v Cadbury's   shock suffered due to causing conveyor belt to start - allowed recovery (Bridge)  
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Fletcher v Commissioners of Public Works   fear of lung disease - no shock requirement  
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Greatorex v Greatorex   no recovery for case taken by relative  
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McLoughlin v Jones   professional negligence causing shock  
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Attia v British Gas   damage to property causing shock  
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W v Essex CC   foster child abused children  
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Barrett v Enfield   allowed foster child take case against foster care system  
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McGloughlin v O'Brian   Bridge test allowed recovery - reasonable foreseeability test  
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Jaensch v Coffey   rejected considerations of physical proximity between accident + immediate aftermath  
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Alcock v Wright   Hilsborough disaster case  
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Mullaly v Bus Eireann   fell within Wilberforce but preferred Bridge - Ireland  
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Kelly v Hennessy   endorses Jaensch approach - Ireland  
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Tame v NWS   no recovery for pure psychiatric harm  
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Gifford v Strang Patrick Stevedoring   duty to father extended to children  
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Annets v Australian Stations   allows for gradual causing of nervous shock  
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Cattle v Stockton Waterworks   refused recovery where negligence caused decrease in financial benefit  
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Simpson v Thompson   rejected concept of contractual relational economic loss - proprietary interest  
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The Oakhampton   charterer of vessel who is bailee of goods on that vessel may recover  
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Bennets Case   insufficient proprietary interest in salvaged ship  
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Main v Leask   may recover in joint venture (fishing crew)  
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Burgess v Florence Nightingale Hospital   cannot have proprietary interest in another person  
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CNR v NPS   allowed recovery for quasi-joint venture - sufficient proximity re: physical/geographical/personal knowledge  
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Boyd v Greater Northern Railway Company   able to recover under tortious head of public nuisance  
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The World Harmony   charterers by demise and time charters distinction unaffected by Hedley Byrne  
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Spartan Steels v Martin   could recover for losses flowing directly from loss of power, but not subsequent disruption  
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Dominion Tape of Canada v LR   able to recover for wages - positive outlay  
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Caltex Oil   able to recover for positive outlay - specific and identifiable individual whose loss was reasonably foreseeable  
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Yumerovski v Dani   able to recover for lost flights due to special knowledge  
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Perre v Apand   five stage test - reasonable foreseeability, determinate liability, reasonable burden, vulnerability, knowledge  
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