Chapter 2 - Negligence - The ABC Rule (Common Law) Flashcards
What does “prima facie” mean?
On the face of it or at first glance
What three rules need to be met in order for a plaintiff to succeed in court
A - A duty of care exists
B - Breach of that duty occurred
C - Causal relationship between the breach and the damages is shown
What case gave us the definition of negligence?
Blyth v. Birmingham Water Works
Define negligence
Negligence is the omission to do something which a reasonable person, would do, or doing something which a prudent and reasonable person would not do
What case defined the reasonable person?
Arland v. Taylor
Define the “reasonable person”
- he is not extroadinary or unusual
- he is not superhuman
- he is not required to posses the highest skill
- he is not a genius
- he is not possessed with unusual powers of foresight
What case defined the neighbour principle?
Donahue v. Stevenson
Who is my neighbour?
Persons who are so closely and directly affected by my actions, that I should have had them in my thoughts when I acted or chose not to act
What are the 4 main entrants developed by law?
Trespasser
Licensee
Invitee
Contractual entrant
What is a trespasser?
One who wrongfully enters onto someone’s land without right or permission to be there
What must occupies treat trespassers with?
Common humanity
What is a child trespasser treated as?
Licensee
What is a licensee?
A person that enters upon land with the consent of the occupier
What is an invitee?
A person who enters onto the premises with the permission when the occupier has some financial or other material interest in the matter
What is a contractual entrant?
A person that enters onto premises under a contract with the occupier, such as a hotel guest or a theatre goer
What vase established strict liability?
Rylands v. Fletcher
What must the plaintiff show in order for strict liability to apply?
- the occupier used the land in a way that changed its natural use
- the occupier brought something into the land that was likely to do mischief if it escaped
- the escape of the dangerous thing did escape
- the escape resulted in the damage to the plaintiff
When are parents legally responsible for their children?
- when the child acts on the express instruction of the parent, or under their authority
- when the child was employed by the parent and acting within the scope of their employment
- damage was caused by a dangerous thing or animal that the parent allowed the child to control
What is the most common example of a Bailee?
Drycleaner
How do you prove a case based on breach of statute?
- the statute must have been breached
- the conduct which was a breach must also have caused the damage
- the statute must have been intended to prevent the damage that occurred
- the person making the claim must be among the group that the statute was created to protect
What are the two cases that gave us the idea of foreseeability?
Polemis and Furness Withy & Co Ltd & the Wagon Mound Case
What is proximate cause?
An uninterrupted chain of events without intervention of another main cause from the initial act to the conclusion
What are special damages?
Monetary awards for out if pocket expenses such as doctors bills, damaged clothing, and wages already lost
What are general damages?
Compensation for non monetary hard to quantify aspects of a claim
