Liability for Physical Injury and Damage to Property Flashcards
What is the three part test used to establish duty of care and which case did it come from?
Caparo v Dickman 1990
- reasonably foreseeable c/their property would be affected
- sufficient proximity in time and space
- fair just and reasonable to impose DoC on D
How would D breach DoC and the high case is linked to breach?
Blyth v Birmingham waterworks
Failed to reach standard of care required of a reasonable person
What are the 4 special characteristics?
Learner/trainee
Professional
Sports
Child
Standard of care expected of a learner/trainee and case
Someone holding themselves out as having a skill are required to reach SoC expected of persons doing that activity
Nettleship v Weston
Standard of care expected of a professional and case
Standard of an ordinary, competent member of that profession: Bolam v Friern hospital
Standard of care expected of a sports player and case
Reasonable person playing at D’s level
Caldwell v Maguire
Standard of care expected of a child and case
Reasonable child of D’s age
Mullins v Richards 1998
What do risk factors do?
Raise or lower standard of care
Two risk factors which raise standard of care and cases
- Higher risk of harm: Bolton v Stone
- Risk of serious harm: Paris v Stepney
The risk factor which lowers standard of care + case?
Emergency situation: Watt v Hertfordshire 1954
What risk factor do the courts consider + case?
The cost and effort of taking adequate precautions
Latimer v AEC
Define factual cause + case?
‘but for’ D’s breach the harm wouldn’t have occurred: Barnett v Chelsea hospital
Define legal cause
Where D is negligence and a second event caused further damage.
What are the 3 intervening acts?
- Act of God
- C’s conduct : Mckew v Holland
- Act of a third party : Knightly v Johns
Definition of danger too far removed + case?
D won’t be liable if they can prove the harm was not reasonably foreseeable
Wagon Mound 1961
