Liability in negligence

Question 1

what are the three ways to establish a duty of care?

Answer 1

1. Neighbour principle created by Donoghue v Stevenson.
2. Situations where a duty of care is presumed (Robinson v chief constable of West Yorkshire police) e.g. parents to a child.
3. Novel duty situations, and unusual circumstances. (Caparo Industries v Dickman).

Question 2

Outline the Caparo test.

Answer 2

1. Was harm foreseeable? (Kent v Griffiths).
2. Was there sufficient proximity between C and D in time, space or relationship? (Bourhill v Young).
3. Was it fair, just and reasonable to impose a duty of care? (Hill v Chief Constable of West Yorkshire police).

Question 3

How is it decided if the duty of care is breached?

Answer 3

To decide whether the duty of care was breached the defendant’s conduct is assessed against the standard of the reasonable person in the same situation.

Question 4

What is the legal principle in Bolam v Friern Hospital?

Answer 4

“Appropriate to compare”

Question 5

What is the legal principle in Nettleship v Weston?

Answer 5

A learner driver is assessed against a qualified and competent driver.

Question 6

What is the legal principle in Mullins v Richards?

Answer 6

Child can be compared to a child not an adult.

Question 7

Risk factors: Paris v Stepney BC.

Answer 7

Has the C any special characteristics which should be taken into account?

Question 8

Risk factors: Bolton v Stone.

Answer 8

Size of likely harm.

Question 9

Risk factors: Latimer v AEC Ltd.

Answer 9

What is the cost and practicality of taking precautions?

Question 10

Risk factors: Watt v Herefordshire.

Answer 10

Is there a public benefit to taking the risk?

Question 11

Page 7 of liability in negligence booklet to continue making flashcards.