Liability In Negligence Flashcards
Donoghue v Stevenson
Neighbour Principle
Caparo v Dickman
Three stage test
Robinson v Chief Constable of West Yorkshire
Most commonly used test for Duty of care - Incremental approach - uses existing precedent
Barnett v Chelsea and Kensington Hospital
‘But for’ test was established
Bolam v Friern Barnet Hospital
For professionals - Judged according to the Standards operating in that profession
Nettleship v Weston
Learners are judged according to the standards of someone who is competent and experienced
Mullin v Richard’s
Judged according to a child the same age
Roe v Minister of Health
Was the risk or the possibility of risk known at the time
Bolton v Stone
Greater care should be taken if there is a higher chance of injury vice versa
The Wagon Mound
Test for remoteness of damage - whether the damage was reasonably foreseeable
Smith v Leech Brain and Co
Take your victim as you find them
What three things do you need to Establish in a claim of negligence?
Duty of care is owed, Duty of Care is Breached, The f damage was caused by the breach of duty
