Civil Negligence Flashcards
Donoghue v Stevenson
Is damage of harm reasonably foreseeable?
‘You must take reasonable care to avoid acts and omissions likely to injure your neighbour… anyone so closely and directly affected by your act.’
Bourhill v Young
Is there a relationship of close proximity?
Hill v CC West Yorkshire
Is it fair, just, and reasonable to impose a duty of care?
• Public Policy
• Floodgate arguments
Robinson
Caparo is only to be used in ‘new and novel’ situations
• Is there an existing duty?
• Are there any similar cases which apply by reason of analogy?
Blyth
A breach of said duty
‘fails to do something that the reasonable person would do or does something the reasonable person wouldn’t do’
Bolam
Professionals are to be held to the standard of other competent professionals.
Nettleship v Western
Learners are to be held to the standard of those competent.
Mullin v Richard
Children are to be judged at the standard of a reasonable person of their age.
Bolton v Stone
The higher the risk of injury, the greater precautions required.
Latimer
Sufficient steps must be taken to prevent injury.
Paris v Stephney
Special characteristics must be known about in advance.
Rowe v Minster of Health
If a risk is unknown, it cannot establish a break of duty.
Watt v Hertfordshire CC
The utility of saving a life can outweigh the precautions.
Barnett
Factual causation
But for D’s actions, would C have suffered the outcome?
The Wagon Mound
Legal causation
If D factually caused damage, was that damage reasonably foreseeable?
