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Tort Law Exam 2025 Questions and Answers Case example for proprietary interests - legal standing - --Answer --Malone v Laskey [1907] A woman was injured while using the toilet when its cistern fell on top of her. It had been disloged by vibrations emanating from the electricity generator on the neighbouring defendant's property. CoA held that she had no cause of action in nuisance against the defendant, because she had no proprietary interest in the premises - the house belonged to her husband's employer. She was 'merely present in the house'. Key case for But for Test - --Answer --Barnett v Chelsea and Kensington Hospital Management Commitment [1969] - Doctor failed to properly examine a man in a&e department. It transpired that the men was suffering from arsenic poisoning from which he subsequently died. The Doctor admitted negligence but said he had not caused the man's death. It could not be said that 'but for' the doctor's negligence the man would have survived. Court held as the doctor's negligence was not a necessary condition for the mans death, he could not be held liable for it. ....COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED...TRUSTED & VERIFIED 1