Booklet One - Negligence (Duty of Care)

Question 1

Burden of Proof

Answer 1

The claimant must prove the defendant was at fault

Question 2

The standard of proof

Answer 2

Is on the balance of probability

Question 3

3 part test of negligence

Answer 3

Duty of Care
Breach of Duty
Caused damage

Question 4

Historical Development

Donoghue v Stevenson 1932

Answer 4

Had a dead snail in ginger beer, created the neighbour principle

Question 5

Historical Development

Lord Atkins Neighbour Principle

Answer 5

You must take reasonable care to avoid act or omission which you can reasonably foresee would be likely to inure your neighbour

Question 6

Historical Development

Lord Atkins Neighbour Principle
- Foresight

Answer 6

You can foresee someone being affected by your act or omission

Question 7

Historical Development

Lord Atkins Neighbour Principle
- Proximity

Answer 7

a) - Time and Space, C and D both at the scene of the accident at the time it occurred
B) - legal relationship e.g Doctor and Patient

Question 8

Historical Development

Lord Atkins Neighbour Principle
- Proximity
Bourhill v Young

Answer 8

D not liable as C witnessed aftermath of the accident and no legal relationship with D

Question 9

Duty of Care 3 part Test

Answer 9

1) - Statute
2) - Precedent/ Analogy
3) - Novel Situations

Question 10

Duty of Care 3 part Test
Case
- Robinson v CCWY (2018)

Answer 10

Police liable, a basic duty of care was owed

Question 11

Statute

Answer 11

Where an act of parliament imposes a duty of care as seen in the road traffic act 1988 as it imposes a duty of care on drivers to all road users

Question 12

Precedent

Answer 12

Judgement in a previous case that sets out the law for future cases.
Examples - Contractual Relationship