Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

tort law > Liability in negligence > Flashcards

Liability in negligence Flashcards

You may prefer our related Brainscape-certified flashcards:
MBE flashcards MPRE flashcards Civil Procedure 1L flashcards
1
Q

Who do the courts say you owe a DOC to? (one word)

A

Your neighbour

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

4 part breach test?

A
  1. D owed a duty
  2. D breached duty
  3. C suffered damage from the breach
  4. The damage was not remote
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

duty of care definition

A

There is an obligation upon D to take proper care to avoid injury to C in all circumstances

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What are the two ways to establish a duty?

A
  1. D and C have a special relationship

2. A relationship developed in case law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What are the 5 statutory special relationships?

A
  1. One road user to another
  2. Employer to employee
  3. Manufacturer to consumer
  4. Doctor to patient
  5. Solicitor to client
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Donoghue v Stevenson facts

A

Snail in a bottle, C got Gastroenteritis

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What sort of precedent was donoghue v stevenson?

A

original and binding

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Ratio of donoghue v stevenson

A

.A neighbour is someone closely and directly affected by your act
.A breach is an act or omission that’s reasonably foreseeable and will injure your neighbour

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What test overrules donoghue v stevenson

A

Caparo

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is the caparo test?

A
  1. Reasonable foresight of harm
  2. Sufficient proximity of relationship
  3. Fair and reasonable to impose a duty
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is used in a new, unseen scenario?

A

Robinson

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Facts of Robinson

A

An old woman was knocked over in a police chase

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What case is now the lead?

A

Robinson

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What was lady hale’s decision in Robinson?

A

It was fair, just and reasonable to impose a DOC

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is the reasonable person test?

A

Do d’s actions fall below that of the reasonable person?

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Case for reasonable person test?

A

Blyth v Birmingham waterworks

17
Q

Blyth v birmingham waterworks

A

F- A waterwork leaked after 25 years due to frost.

R- They had done everything reasonable.

18
Q

What did the reasonable person test used to be called?

A

The clapham omnibus test

19
Q

Where is a special standard of care required?

A
  1. Where D has a particular skill or lack of skill
  2. D is a child
  3. D is participating in/watching a sporting event
20
Q

What are skilled or professional defendants judged by?

A

Judged by the standard of the ordinary skilled man exercising and professing to have that special skill

21
Q

What test is used on skilled and professional defendants?

A

The Bolam test

22
Q

Bolam facts and ratio

A

F- C was not offered a relaxant for his therapy and suffered a serious fracture
R- He was not in breach + bolam test

23
Q

What is the bolam test?

A
  1. Does D’s conduct fall below the reasonable standard of the ordinary competent member of their profession?
  2. Is there a substantial body of opinion within the profession that would support D’s course of action?
24
Q

What case adds to/ changes the bolam test?

A

Montgomery v Lanarkshire

25
Q

montgomery v lanarkshire facts

A

C’s son has cerebral palsy due to birth complications

26
Q

Montomery v lanarkshire changes to bolam test

A

Patients must be provided with all information so they can give informed conent

27
Q

What is the rule for unskilled defendants?

A

They are judged against the standard of the reasonable person

28
Q

Nettleship v Weston

A

F- Crashes into lamp post on 3rd driving lesson

R- Judged as a reasonable road user

29
Q

Who does the unskilled defendants rule apply to?

A

.Unskilled/inexperienced defendants

.Junior doctors

30
Q

How are children judged?

A

As an ordinary and reasonable child of their age

31
Q

Child defendant case

A

Mullins v Richards

32
Q

Mullins v Richards

A

F- 15 y/o girls fenced with plastic rulers. They shattered and one went blind in one eye
R- A girl that age would not recognise such a risk

33
Q

Sports case

A

Vowles v Evans

34
Q

Vowles v Evans

A

F- Rugby player injured due to ref’s decision

R- They are judged on their levels of training

tort law (8 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions