Liability in negligence Flashcards
Who do the courts say you owe a DOC to? (one word)
Your neighbour
4 part breach test?
- D owed a duty
- D breached duty
- C suffered damage from the breach
- The damage was not remote
duty of care definition
There is an obligation upon D to take proper care to avoid injury to C in all circumstances
What are the two ways to establish a duty?
- D and C have a special relationship
2. A relationship developed in case law
What are the 5 statutory special relationships?
- One road user to another
- Employer to employee
- Manufacturer to consumer
- Doctor to patient
- Solicitor to client
Donoghue v Stevenson facts
Snail in a bottle, C got Gastroenteritis
What sort of precedent was donoghue v stevenson?
original and binding
Ratio of donoghue v stevenson
.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
What test overrules donoghue v stevenson
Caparo
What is the caparo test?
- Reasonable foresight of harm
- Sufficient proximity of relationship
- Fair and reasonable to impose a duty
What is used in a new, unseen scenario?
Robinson
Facts of Robinson
An old woman was knocked over in a police chase
What case is now the lead?
Robinson
What was lady hale’s decision in Robinson?
It was fair, just and reasonable to impose a DOC
What is the reasonable person test?
Do d’s actions fall below that of the reasonable person?
Case for reasonable person test?
Blyth v Birmingham waterworks
Blyth v birmingham waterworks
F- A waterwork leaked after 25 years due to frost.
R- They had done everything reasonable.
What did the reasonable person test used to be called?
The clapham omnibus test
Where is a special standard of care required?
- Where D has a particular skill or lack of skill
- D is a child
- D is participating in/watching a sporting event
What are skilled or professional defendants judged by?
Judged by the standard of the ordinary skilled man exercising and professing to have that special skill
What test is used on skilled and professional defendants?
The Bolam test
Bolam facts and ratio
F- C was not offered a relaxant for his therapy and suffered a serious fracture
R- He was not in breach + bolam test
What is the bolam test?
- Does D’s conduct fall below the reasonable standard of the ordinary competent member of their profession?
- Is there a substantial body of opinion within the profession that would support D’s course of action?
What case adds to/ changes the bolam test?
Montgomery v Lanarkshire
