all negligence cases Flashcards
case that established the principle of negligence
donoghue v stevenson
three things to be proven for negligence
- d had duty of care
- d breached duty of care
- this caused damage
case that gave the test for DOC
caparo
- was risk of harm foreseeable
- was there a relationship of proximity
- would it be fair just and reasonable to impose a DOC
case for whether risk of harm was foreseeable for caparo test
kent- ambulance
case for whether there was a relationship of proximity involving pregnant woman and speeding motorcycle
bourhill
case for relationship of proximity involving mother’s psychiatric injuries after husband and children’s accident
o’brien
case for whether its fair just and reasonable to impose DOC involving police
hill
case for whether its fair just and reasonable to impose DOC for fire brigade
capital and county plc
case that clarified how caparo test should be used
robinson
- there is no definite test for doc
- existing principles should be considered
- new areas of law should be developed incrementally
case that established objective test for standard of care
blyth
case for learner drivers owing the same standard of care
nettleship
case for professionals owing a higher standard
bolum
case for junior doctors owing same standard
wilsher
case for young people owing a lower standard
mullin
what are the four breach factors
were the any practical precautions that D could have taken?
were there any special characteristics of C that should have been considered?
were there any potential benefits of the breach?
what was the degree of risk?
