Civil Negligence Flashcards
bourhill v young
sufficient proximity
kent v griffiths
reasonably foreseeable
hill v chief constable of west yorkshire
is it fair just and reasonable to impose a duty of care
robinson v chief constable of west yorkshire
it wasnt the HOL intention to create a rigid test. existing precedent should be used
Blyth v Birmingham waterworks
failing to do something that the reasonable person would do or doing something that they would not do
mullin v richards
children held to the standard of a competent child of the same age
orchard v lee
confirmed law in mullin v richards
bolam v friern barnett hospital
reasonable standard of a professional. other people in the profession must agree
montgomery v lankashire health board
clarified bolom to say risk factors must be accounted for. the higher the risk the more care is expected
paris v stepney council
special characteristics need to be taken into account
bolton v stone
size of risk bs cost to prevent it
latimer v AEC ltd
taking adequate precautions to avoid risk will avoid liability
roe v minister of health
cannot protect against unknown risks
day v high performance sports
amount of care is lower in an emergency
barnett v chelsea and kensington hospital
factual causation
barnett v chelsea and kensington hospital
factual causation
mckew v hollands
act of claimant must be a new interviening act
carslogie steam ships co.
natural events cant act as new intervening acts
knightly v johns
a 3rd person can be a new intervening act
smith v leech brain and co.
eggshell skull rule
donaghue v stevenson
neighbour test
caparo v dickman
-sufficient proximity
-reasonably forseeable
-is it fair just and reasonable
nettleship v western
objective test