Names Flashcards
Hall v brookoands auto racing club
The reasonable person- used to determine the reasonableness of a course of action
Donoughue v Stevenson
Claimant ill after drinking ginger beer with a snail in
Lord Atkins
Neighbour principle- every person owed a duty of care to his neighbour
Caparo industries v dickman
3 stage test for duty of care
Margereson v jw roberts
1st stage of test, was the harm or loss reasonably foreseeable
McFarlane v Tayside health board
3 stage of test- is it fair and Just to impose a duty on the defendant
Nettleship v Weston
The defendant must act with the degree of care expected from a reasonable person- cannot claim he is inept or unskilled
Orchard v Lee
Standard of care will be lowered in the defendant is a child
Wilsher v Essex area health authority
The House of Lords stated a doctor should be judged by the post he holds and the degree of experience is irrelevant
Bolam v friern hospital management committee
If a professional acts in accordance with the accepted practice of a professional, they are not negligent
Phillips v whiteley Ltd
The standard of duty of care varies according to the profession
Bolton v stone
The more likely the harm, the more caution is required to meet the standard of care necessary
Latimer v AEC
If spending a large amount of money would only reduce the risk slightly, it may not be reasonable to spend it
Watt v Hertfordshire county council
If a defendant takes reasonable risks because of an emergency he has not breached his duty of care
