21.1 Negligence

Question 1

Definition of Negligence

Answer 1

“Failure to do something the reasonable person would do, or doing something the reasonable person would not do”
(Blyth v Birmingham Waterworks)

Question 2

3 Elements of negligence

Answer 2

1. Duty of care
2. Breach of duty
3. Causation and remoteness

Question 3

First element of Negligence

Answer 3

Duty of care
(Donaghue v Stevenson)- The neighbour principle
neighbour “someone affected by our acts or ommisions”
(Caparo v Dickman) test

Question 4

Caparo Test 3 parts

Answer 4

(Caparo v Dickman)
1. Damage was foreseeable
2. Proximity (Bourhill v Young)
3. Fair, just and reasonable to impose duty (Robinson v West Yorkshire)

Question 5

Second element of Negligence

Answer 5

2. Breach of Duty
   Standard of care measured:
   Age- (Richards v Mullins)
   Expertise- (Bolam v Frien Barnet)
   Learner/Apprentice (Nettleship v Weston)

Question 6

Risk factors for the second element of Negligence:
Breach of duty

Answer 6

Breach of duty

1. Degree of risk (Bolton v Stone)
2. Special characteristics (Paris v Stepney BC)
3. Precautions taken (Latimer v AEC)
4. Social benefit (Watts v Herts CC)

Question 7

If you don’t know the risk can you be liable?

Answer 7

NO
(Roe v Minister of Health)

Question 8

Causation rules for Negligence

Answer 8

Factual causation- ‘but for’
(Barnett v Kensington Hospital)

Break in the chain- ‘actus intervenies’
- Act of claimant
- Act of nature
- Act of third party

Question 9

Remoteness for Negligence

Answer 9

Damage caused has to be reasonably foreseeable
(Wagon Mound)
- damage can’t be too remote.
F: oil spill miles away leaked into port then sparks from boat repair set fire to water then it spread to land

Eggshell skull rule
(Smith v Brain Leech)