Negligence
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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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