Liability D+B+D=L then Defences

Question 1

identify

Answer 1

defendant might be liable for the tort of negligence

Question 2

define negligence

Answer 2

donoghue v stevenson - the neighbour principle “we have a duty to take reasonable care not to injure those most closely and directly affected by our actions and omissions”. it also involves a breach of duty (blythe v birmingham) and damage (factual causation and remoteness of damage)

Question 3

explain and analyse duty of care

Answer 3

duty of care is established in a 3 part test known and the caparo test which was established in the case of caparo industries plc v dickman 1990. duty of care arises when these 3 conditions are satisfied: foreseeability of damage, relationship of proximity (relationship, space,time) and that it’s fair just and reasonable to impose a duty.

Question 4

breach of duty

Answer 4

reasonable man (blythe v birmingham) “failing to do what a reasonable man would do or doing that a reasonable man would not do” 4 types of reasonable man: ordinary person, learner, professional and young person

Question 5

risk factor

Answer 5

there are 5 types of risk factors: special characteristics, size of risk, appropriate precautions, public benefit of taking the risk and unknown risk

Question 6

damage and liability

Answer 6

damage requires factual causation which uses the ‘But for’ test established by barnett v chelsea and kensington hospital management committee. remoteness of damage must then be assessed in terms of reasonable foreseeability. then state liability