liability in negligence

Question 1

what is the neighbour principle? what case introduced it?

Answer 1

Donoghue v Stevenson
-must take reasonable care to avoid acts or omissions you can reasonably foresee are likely to injure your neighbour
-your neighbour is anyone so closely and directly affected by your actions that you ought to reasonable have them in your contemplation

Question 2

what new test replaced the neighbour principle?
what case brought it in?

Answer 2

Caparo v Dickman (the Caparo test)
-the damage must be reasonably foreseeable
-there must be a relationship of proximity between parties
-it must be fair, just and reasonable to impose a duty of care

Question 3

when will the Caparo test be used?

Answer 3

when there are no previous cases that are sufficiently similar

Question 4

what are some key cases on duty of care?

Answer 4

-Donoghue v Stevenson
-Caparo v Dickman
-Kent v Griffiths
-Bourhill v Young
-Hill v Chief Constable of West Yorkshire

Question 5

what’s the objective test derived from Blyth v Birmingham Water Works on breach of duty of care?

Answer 5

‘omitting to do something a reasonable man would do, or doing something a reasonable man would not do’

Question 6

what is taken into consideration in the objective breach of duty of care test?

Answer 6

degree of knowledge, for instance, a child will be judged by the standard of a reasonable child, (or a trained professional, a learner driver etc.)

Question 7

what are the 4 factors used to ascertain whether the defendant acted reasonably?

Answer 7

-degree of risk involved
-cost of precautions
-potential seriousness of injury
-importance of the activity

Question 8

what are key cases on a breach of duty of care?

Answer 8

-Mullin v Richards
-Bolam v Frien Hospital Management Committee
-Bolton v Stone
-Latimer v AEC
-Paris v Stephney Borough Council
-Watt v Hertfordshire County Council

Question 9

what must the resulting damage be?

Answer 9

-caused by the breach
-not too remote from the breach
(the chain of events need not be foreseeable; its not necessary for the extend of damage to be foreseeable)

Question 10

key cases on damage

Answer 10

-Barnett v Chelsea Hospital
-The Wagon Mound
-Hughes v Lord Advocate
-Smith v Leech Brain