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tort law > Liability in negligence > Flashcards

Liability in negligence Flashcards

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1
Q

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

A

Your neighbour

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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
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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

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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

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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
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6
Q

Donoghue v Stevenson facts

A

Snail in a bottle, C got Gastroenteritis

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7
Q

What sort of precedent was donoghue v stevenson?

A

original and binding

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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

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9
Q

What test overrules donoghue v stevenson

A

Caparo

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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
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11
Q

What is used in a new, unseen scenario?

A

Robinson

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12
Q

Facts of Robinson

A

An old woman was knocked over in a police chase

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13
Q

What case is now the lead?

A

Robinson

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14
Q

What was lady hale’s decision in Robinson?

A

It was fair, just and reasonable to impose a DOC

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15
Q

What is the reasonable person test?

A

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

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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

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