Liability In Negligence Flashcards
Who has to be proven at fault?
The Claimant has to prove that the Defendant is at fault
What is standard of proof?
The balance of probability that it’s more likely than not that D caused injury/damage
How does the C prove the D at fault?
Evidence from experts/ witnesses e.g. medical reports
What happens if fault cannot be proven?
There is no compensation
What is an Act?
A positive action taken by someone (often negative consequences I think?) e.g. operating on the wrong body part
What is an Omission?
A failure to act when you have a duty to
E.g. failure to apply handbrake while parking
What is the neighbour principle?
Anyone directly affected by you or your negligent actions
What is needed to have negligence?
-Duty of Care: Caparo test -Breach of Duty: Risk factors -Reasonably foreseeable damage
What is negligence?
Negligence is an act/omission that causes injury/ damage to another person or their property
What is the Caparo test?
- Harm is reasonably foreseeable- Kent v. Griffiths (2000)
- Proximate/close relationship between the C and the D- Bourhill v. Young (1943)
- Fair, just and reasonable- Hill v. Chief Constable of West Yorkshire
What are risk factors to breach of duty?
- Special characteristics/vulnerable claimant- Paris v. Stepney BC (1951)
- Size of risk- Bolton v. Stone (1951)
- Cost and effort required for precautions against risk- Latimer v. AEC (1953)
- Knowledge of any danger- ROE v. Minister of health
- Is there any public benefit (utility) to taking the risk- Watt v. Hertfordshire CC (1954)
What is Factual Causation?
- starting point
- if cannot be proven then no point considering legal causation
- decided by the ‘but for Ds’ act/omission the outcome would not have happened
What is Legal Causation?
-If factual causation is proven then you must establish:
1. Direct link between Ds
act and outcome
2. Damage is
not too remote
