Difficult Tort

Question 1

Stark v Post Office.

Answer 1

Statutory obligations are often strict

Question 2

Smith v Baker

Answer 2

Workers do not consent to risks

Question 3

Caswell v Powell

Answer 3

Workers are unlikely to be found to be guilty of contributory negligence

Question 4

Wheeler v New Merton Mill

Answer 4

No volenti in statuory cases

Question 5

What is the duty in Hatton v Sutherland?

Answer 5

The “threshold question” in Hatton is: Was the worker reasonably foreseeably at risk of injury to health through stress?

This question is made up of two parts:

1. The nature and extent of the work
2. Signs from the employee

Question 6

Melville v Home Office

Answer 6

An employer was found to be liable for stress at work from a prison officer who had seen several dead bodies of suicide victims

Question 7

Lister v Hesley Hall

Answer 7

Intentional and even illegal acts can still result in vicarious liability

Question 8

Rose v Plenty

Answer 8

Mikround case- vicarious liability found

Question 9

Poland v Parr

Answer 9

The employer was liable for someone pushing a customer away to protect a stall

Question 10

Warren v Henley’s

Answer 10

The employer was not liable for the employee punching a customer

Question 11

Twine v Bean’s express

Answer 11

There was no vicarious liability to a hitchhiker who had been picked up

Question 12

Hilton v Thomas Burton

Answer 12

Visiting a relative at the end of the day was “on a frolic”

Question 13

Harvey v O’Dell

Answer 13

Getting lunch was not on a “frolic”

Question 14

General Cleaning Contractors v Christmas

Answer 14

The duty to provide a safe system of work exists wherever the employee is working

Question 15

Bux v Slough Metal

Answer 15

The employer must supervise the safe system of work

Question 16

Century Instance v NI Road Transport Board

Answer 16

Doing an authorised act in an unauthorised way is in the course of employment

Question 17

Ratcliffe v McConnell

Answer 17

Volenti applies in trespass cases. If the claimant is aware of the risk, then s1(6) of the Occupiers Liability Act will apply

Question 18

Tomlinson v Congleton

Answer 18

The danger must be caused by the “state of the premises” or something that is done or should be done to them

Question 19

What is the difference between Donogue v Folkstone Properties and Rhind v Astbury?

Answer 19

1. In Rhind- the claimant failed to satisfy s1(3)a as the occupier didn’t know there was an obstruction in the like
2. In Donogue the claimant failed to satisfy s1(3)b as the occupier did not have reasonable grounds to believe a trespasser would be swimming off Folkestone harbour

Question 20

What is the rule in The Calgarth?

Answer 20

When you invite someone into your house to use the staircase, you don’t invite them to slide down the banisters