Liability in Negligence

Question 1

Definition of Negligence

Answer 1

Baron Anderson - Blyth v Birmingham Waterworks
‘Act or omission which the reasonable man in the same circumstance would not do’

Question 2

How to establish negligence

Answer 2

Establish a duty
Establish a breach
Causation in Law
Causation in fact

Question 3

Neighbour Principle

Answer 3

Donoghue v Stevenson - Lord Atkin
‘Taking care to avoid any act or omission that one can reasonably forsee to injure their neighbour’

Question 4

Caparo v Dickman 1990

Answer 4

1. Incrementally and by analogy
2. 3 stage test

Question 5

3 stage test

Answer 5

Reasonably foreeable
Proximity
Fair, just and reaonsbale

Question 6

IS Reasonable foreseeable

Answer 6

Kent v Griffiths 2000
- Reasonable foreseeable that delay or failure to turn up of an ambulance would lead to further injury

Question 7

NOT Reasonable foreseeable

Answer 7

Topp v London County Bus 1993
- Not reasonable foreseeable that bus to be stolen and injure someone when left an changover as it normally only took 9mins

Question 8

IS Proximate

Answer 8

McLoughlin v O’Brien 1983
- Wife found husband in hospital in same condition as he was after crash, no treatment and suffered shock
- Proximity of relationship even tho there was no proximity of time or space as she wasnt involved

Question 9

NOT Proximate

Answer 9

Bourhill v Young
- Pregnant woman heard accident and went to see it, saw the aftermath and claimed it led to a misscarriage
- No relationship of space or relationship

Question 10

IS Fair just and reasonable

Answer 10

Reeves v MPC
- Suspect was known sucide risk

Question 11

NOT Fair, just and reasonable

Answer 11

Orange v Chief Constable of West Yorkshire
- not known risk of sucide

Question 12

Standard of Care

Answer 12

Reasonable Man
Blyth

Question 13

Ordinary Person doing task Standard of Care

Answer 13

Wells v Cooper - held to standard of competent person

Question 14

Learner

Answer 14

Nettleship v Weston
- Held to standard of experienced and capable person

Question 15

Young Person

Answer 15

Orchard v Lee
- Lower standard

Question 16

Professional

Answer 16

Bolam
- held to standard of other professionals

Question 17

C-In-L Type of injury reasonably forceable

Answer 17

Wagon Mound no. 1951
Too remote from original act

Question 18

Scale of injury need NOT be foreseeable

Answer 18

Hughes v Lord Advocate 1963
Type of risk not foreseeable but risk of burning was

Question 19

Thin Skull Rule

Answer 19

Smith v Leech Brain
Pre existing canercous conditon

Question 20

Thin Skull Rule

Answer 20

Smith v Leech Brain
Pre existing canercous condition

Question 21

Primary Victims

Answer 21

Duleiu v White 1901
Horse and carriage crashed into pub

Question 21

Primary Victims

Answer 21

Duleiu v White 1901
Horse and carriage crashed into pub

Question 22

Seoncdayr Victims

Answer 22

Hambrook v Stoke Brothers - Lorry speeding toward childrenn
Obiter dicta Lord Bankes - 2 mothers

Question 23

Control Mechanisms

Answer 23

Alcock v Chief constable of South Yorkshire
- Relationship close ties of love and affection

Question 24

Rescuers

Answer 24

Chadwick v British Transport Commission
- Trail derailment suffered anxiety neurosis

Question 25

Bystanders

Answer 25

McFarlane v Caledonia
Bystanders unable to sue unless they have close ties or proximity

Question 26

Causation in Fact - But for

Answer 26

Barnett v Chelsea and Kensington HMC
- 3 nighteatchemnt
- would have died either way