Important cases: Negligence Flashcards
Duty of care: Nettleship v Weston
Driver / Learners = normal people
Duty of care: Barnett v Chelsea and Kensington Hospital
Doctors, by analogy medical professionals
Duty of care: Donaghue v Stephenson
Food / Drink manufacturers
Duty of care: Kent v Griffiths
Ambulances
Duty of care: McLoughlin v O’Brien
People who cause an accident ( to people who are sufficiently proximate)
Duty of care: Paris v Stepheny Borough council
Employers
Duty of care: White v Levina
Pharmaceutical companies
Duty of care: Day v High performance sports
Managers of climbing walls (and by extension any other sporting apparatus)
Duty of care: Robinson v CC of West Yorkshire
Police
Duty of care: Barness v Scout Association
Scouts ( and by extension anything involving kids)
Duty of care: Ward v Tesco Stores Ltd
supermarkets
Duty of care: Bradford v Robinson Rentals
Rental firms
Blyth V Birmingham Waterworks
Negligence definition: ‘Doing something which a reasonable person would not do’ or ‘An omission to do something which a reasonable person would do’
- reasonable person test
Caparo v Dickman
YOU DON’T USE CAPARO UNLESS IT’S A COMPLETELY NEW SCENARIO WHICH IT WILL NEVER BE FOR A 30 MARKER
Three part test:
reasonably foreseeable
proximity
Fair and just
Breach: Bolam v Friern Barnet Hospital Management Committee
Professionals (inc. doctors, lawyers, accountants etc) judged by the standard of the profession
- does the D’s conduct fall below the standard of the ordinary, competent member of that profession?
- is there a substantial body of opinion within the profession that would support the cause of action taken by the defendant?
Damage: Barnett v Chelsea and Kensington Hospital Management Committee
if not ‘but for’ the defendants act or omission, the injury would not have happened.
Damage is established only if defendant’s action were the factual cause of the damage
(Factual causation)
Causation:
foreseeable: Bradford v Robinson Rentals
Unforeseeable: Doughty V Turner Asbestos
