Negience

Question 1

Where was duty of care originally established?

Answer 1

Donoghue v Stephenson

Question 2

Where does the modern three part test come from?

Answer 2

Caparo v dickman

Question 3

What are the three parts of the three part caparo v dickman test?

Answer 3

Reasonably foreseeable (Kent v Griffiths’s)
Legal proximity (king v phillips)
Just fair and reasonable (hill v chief constable of West Yorkshire)

Question 4

What is the test which decides if a duty has been breached?

Answer 4

BOLAM

Question 5

What are the three risk factors considered when establish whether they have fallen below the standard

Answer 5

The degree of risk (Bolton v stone)
Seriousness of the risk (Paris v stephney B.C)
The practicality of taking precautions (Latimer v AEC)

Question 6

How do you prove resulting damage?

Answer 6

First that the damage was a direct result of d’s actions (Barnett v Chelsea hospital)
Secondly that the damage was reasonably foreseeable (wagon mound)

Question 7

What are the two defences for negligence

Answer 7

Contributory negligence - law reform act 1945 (froom v butcher)
Consent- when c knows the there is a risk but freely consents, a complete defence (Morris v Murray)

Question 8

What are damages

Answer 8

Compensation in the form of money to compensate c for their loss . Generally they are awarded for loss to property; personal injury, or loss of earnings. Can be in a lump sum or in a structured settlement