negligence

Question 1

what is the purpose of negligence

Answer 1

to but the c back into the position they were in before the incident by providing compensation

Question 2

what are the 3 elements of negligence

Answer 2

1 duty of care must be owed by d to c
2 d breaches the duty
3 damage as a result of the breach
a factual causation
b remoteness of damage

Question 3

what is the first test you would use to establish a duty of care

Answer 3

robinson test

Question 4

what are the two parts of the robinson test

Answer 4

1- is there a duty through judicial p or statute
2- can duty of care by established through analogy

Question 5

what is the second test you would use to establish a duty of care (only is robinson dosent apply)

Answer 5

caparo test

Question 6

what are the 3 parts of the caparo test

Answer 6

1- is the damage reasonably forseeable
2-is there proximity between parties-space time relationship
3-is it fair just and reasonable to impose a doc (mainly for police/firemen)

Question 7

what case is the basis for law of negligence

Answer 7

donoghue v stevenson-neibour principle

Question 8

what cases developed the law of negligence after dvs

Answer 8

caparo v dickman -3 part test
robinson- caparo is only for novel situations

Question 9

what test is used to define a breach of duty of care

Answer 9

reasonable person test

Question 10

what case formed the reasonable person test

Answer 10

blyth v birmingham waterworks co

Question 11

what is a reasonable person defined as

Answer 11

someone who completes a task competently

Question 12

what special characteristics of the d do the court consider

Answer 12

professional
learner
under 18

Question 13

if the d is a professional in their feild what must c prove

Answer 13

the professional conduct fell below a reasonably competent professional in that area

Question 14

what is there are two ways for the professional to do a task

Answer 14

the court will accept both

Question 15

what is no one knows an outcome is possible

Answer 15

a reasonable person cannot be expected to take risks against something unknown

Question 16

Give an example of a case, when no one knew a possible outcome

Answer 16

roe v minister of health

Question 17

what is the standard of care for someone who is learning?

Answer 17

That have a competent person with that skillor professional

Question 18

Give an example of a case relating to learners

Answer 18

nettelship v western

Question 19

to what standard are children held to

Answer 19

Thought of a reasonably competent person of the same age

Question 20

give the case, example, relating to children

Answer 20

mullins v richard’s

Question 21

what does the case Paris V Stepney Borough Council tell us?

Answer 21

You expected to take more care for disabled people/the claimants characteristics can affect the liability of the defendant

Question 22

what are risk factors?

Answer 22

Those that a reasonable person would take into account to modify their behaviour

Question 23

what are some of the different categories of risk factors?

Answer 23

Special characteristics
Size of risk
Adequate precautions
Unknown risk
Public policy

Question 24

Give two case examples relating to the risk of harm

Answer 24

Bolton V stone
Miller v Jackson

Question 25

What is the aim of public policy?

Answer 25

When normal precautions are minimised for the greater good emergency situations

Question 26

Give a case example for public policy

Answer 26

watt v heartfordshire county council

Question 27

Describe adequate precautions

Answer 27

The reasonable person does everything in their power to prevent damage, but they don’t have to take all possible precautions if they are excessive

Question 28

What are the two ways damage is proven?

Answer 28

factual causation
Remoteness of damage

Question 29

How is factual damage proven?

Answer 29

But for test

Question 30

give the case, example, for factual causation

Answer 30

Barnett v Chelsea and Kensington

Question 31

what is the test for remote of damage?

Answer 31

Reasonable for see ability

Question 32

Describe remoteness of damage

Answer 32

The harm or injury, suffered must not be too remote, which is to say unforseeable

Question 33

What case does remoteness of damage come from?

Answer 33

The wagon mound

Question 34

What three things can the chain of causation be broken by?

Answer 34

an act of the claimant
An act by nature
An act by a third-party

Question 35

what case said it doesn’t matter how extreme the damages, as long as the type of damage is caused is foreseeable

Answer 35

Bradford v Robinson rentals

Question 36

what is the eggshell skull rule

Answer 36

You must take your victim as you find them

Question 37

give a case, example, for the eggshell skull rule

Answer 37

Smith V. Leach brain

Question 38

What happens if something is unknown to science

Answer 38

It is not reasonably foreseeable, so no liability

Question 39

Give a case relating to something unknown to science

Answer 39

Docherty v Turner