Neg Cases Flashcards
Robinson- what did it lead to
Use of established duties instead of caparo test- overruled caparo test so it doesn’t have to be used in every case and only in novel situations
Donogue v Stevenson- what did it lead to+ what happened
The neighbour principle
Woman found a snail in her drink and sued the manufacturer
Caparo v dickman
Made caparo test
Is the damage reasonably foreseeable?
Is the relationship proximate?
Is it fair just and reasonable to impose liability
Only used in novel situations now
Blyth v Birmingham waterworks co.
Started negligence
Baron Anderson- negligence is “failing to do something which the reasonable person would do or doing something which the reasonable person wouldn’t do”- started reasonable man phrase
Kent and griffiths
Claimant had foreseeable injuries due to the ambulance not arriving in a timely fashion
Ambulance services have a DOC over patients
Bourhill v young
Woman did not have a proximate enough relationship to the scene for the motorcyclist to have a DOC over her
Hill
Woman’s daughter was killed due to police not arresting a known killer as they didn’t have enough evidence
Held: police don’t have a DOC to victims of criminal activity or do arrest a unknown criminal as it is not fair
Bolam v friern Barnet HMC
Professional standards shown in case
Two professional points:
1.If Ds conduct has fallen below the standard of the ordinary competent member of that profession
2. If there is a substantial body of opinion in that profession that would not support the course of action taken by D
Montgomery v Lanarkshire health board
Professional standard:
Doctors are now under a duty to disclose anything serious during childbirth- is this for all cases or just childbirth?
Nettleship v Weston
Learners are held to the same standard of a experienced person
Mullin v richards
Established the children and young people standard for breach of care
Orchard v Lee
Example for children standard
13year old playing tig and knocked C over
Held: was horseplay- expect 13year old to play tig- wasn’t in a significantly different way of playing tig than normal
Paris v Stepney Borough council
Risk factors example- special characteristics
C blind in one eye and had a splinter shot in his eye due to having now goggles provided- should’ve been provided as cost of goggles is tiny in comparison to loss of sight
Bolton v stone
Small risk example
Small risk so D is not expected to take big precautions
Haley v London electricity board
If there is a big risk they have a greater DOC so need to take bigger precautions
Latimer v AEC ltd
Example of have all precautions been taken:
Flooding- D put down signs and mopped up and put sawdust down
Did all reasonable precautions they could so no BOD
Roe v minister of health
We’re risks known at the time?
If not known then not foreseeable so can’t bring precautions against it so no BOD
Watt v Hertfordshire county council
Benefits to taking risk example
Firefighter injured due to jack falling on him on the way to a scene
Jack wasn’t secured properly to save time so they could save a life- outweighed the need to take precautions
Barnett v Chelsea and Kensington HMC
Factual causation
Doctor didn’t examine a man in a hospital who later died
Not liable as but for the doctors examination the man would’ve still died
Bradford v Robinson rentals
Legal causation example
C drove van with no heating across the country and got frostbite
This was reasonably foreseeable in cold weather and not too remote
D was liable
McKew v Holands
NAI example- a intervening act can break the chain of causation ( did the original act cause the injury or damage
Act of claimant example
Took stairs without handrail and jumped down the stairs Cs own negligent act
Climbing stairs unaided was NAI
Carslogie steamship co v royal Norwegian government
Act of nature example:
Ship suffered collision damage then more damage in a storm storm was NAI and the C wasn’t liable for further damage
Knightly v johns
Act of third party example
Johns caused collision tunnel was blocked. Pc sent to close it off and went down the wrong side of the road
Got in a collision
Negligent order of police officer could not be reasonably foreseen NAI breaking the chain from johns
Smith v leech brain and co.
Eggshell conditions example
Burn by D lead to cancer
C died 3years later
Burn was reasonably foreseeable as the man had a eggshell condition D was liable for his death
contributory negligence examples
O”Connell v Jackson- motorcyclist damages reduced by 15% for not wearing a helmet)
Jaynes v IMI (kynoch)- 100% reduction in damages
Sayers v Harlow urban district council
Contributory negligence example:
C trapped in a toilet tried to escape by standing on a toilet roll holder and climbing over. Holder gave way and she was injured.
Council liable for negligent maintenance but damages were reduced by 25% because of how she tried to escape.
