Civil Negligence Flashcards

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1
Q

bourhill v young

A

sufficient proximity

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2
Q

kent v griffiths

A

reasonably foreseeable

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3
Q

hill v chief constable of west yorkshire

A

is it fair just and reasonable to impose a duty of care

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4
Q

robinson v chief constable of west yorkshire

A

it wasnt the HOL intention to create a rigid test. existing precedent should be used

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5
Q

Blyth v Birmingham waterworks

A

failing to do something that the reasonable person would do or doing something that they would not do

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6
Q

mullin v richards

A

children held to the standard of a competent child of the same age

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7
Q

orchard v lee

A

confirmed law in mullin v richards

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8
Q

bolam v friern barnett hospital

A

reasonable standard of a professional. other people in the profession must agree

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9
Q

montgomery v lankashire health board

A

clarified bolom to say risk factors must be accounted for. the higher the risk the more care is expected

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10
Q

paris v stepney council

A

special characteristics need to be taken into account

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11
Q

bolton v stone

A

size of risk bs cost to prevent it

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12
Q

latimer v AEC ltd

A

taking adequate precautions to avoid risk will avoid liability

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13
Q

roe v minister of health

A

cannot protect against unknown risks

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14
Q

day v high performance sports

A

amount of care is lower in an emergency

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15
Q

barnett v chelsea and kensington hospital

A

factual causation

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16
Q

barnett v chelsea and kensington hospital

A

factual causation

17
Q

mckew v hollands

A

act of claimant must be a new interviening act

18
Q

carslogie steam ships co.

A

natural events cant act as new intervening acts

19
Q

knightly v johns

A

a 3rd person can be a new intervening act

20
Q

smith v leech brain and co.

A

eggshell skull rule

21
Q

donaghue v stevenson

A

neighbour test

22
Q

caparo v dickman

A

-sufficient proximity
-reasonably forseeable
-is it fair just and reasonable

23
Q

nettleship v western

A

objective test