neglegance

Question 1

Mullin V Richard’s

Answer 1

Children are owed a higher duty of care because they are less careful than adults - breach of duty

Question 2

Bolam V Barnet hospital

Answer 2

Did the defendant act in a way that the ordinary competent member of that profession would have acted - breach of duty

Question 3

Montgomery V Heath Board - risk factors

Answer 3

Higher risk the higher the care required - breach of duty

Question 4

Bolton V stone

Answer 4

Likelihood of risk - breach of duty

Question 5

Paris v Stephen

Answer 5

Magnitude of risk - breach of duty

Question 6

Latimer v AEC

Answer 6

Did the defendant take adequate precautions cost to prevent the risk - breach of duty

Question 7

Roe V minister of Health

Answer 7

Not expects to protect against unknown risks - breach of duty

Question 8

Day V High performance sports

Answer 8

A lower Standard of care is expected in emergency situation - breach of duty

Question 9

Barnett V Chelsea

Answer 9

Factual causation - damage caused

Question 10

Mckew V Hollands

Answer 10

Acts of the claimant - damage causes

Question 11

Carslogie Steamship

Answer 11

An act of nature - damage caused

Question 12

Knightly v Johns

Answer 12

An act of a third party - damage caused

Question 13

The Wagon Mound

Answer 13

Remoteness of Damage - damage causation

Question 14

The Wagon Mound

Answer 14

Remoteness of Damage - Damage caused by

Question 15

Smith v Leech Brain

Answer 15

Eggshell Skull Rule - damaged caused

Question 16

Donoghue v Stevenson

Answer 16

you must take reasonable care to avoid acts or omissions that could foreseeably injure your neighbour - duty of care

Question 17

Caparo v Dickman

Answer 17

3 part neighbour test - duty of care

Question 18

Bourhill v Young

Answer 18

Sufficient Proximity - duty of care

Question 19

Kent v Griffiths

Answer 19

Was damage reasonably foreseeable - duty of care

Question 20

Hill v Chief Constable of West Yorkshire Police

Answer 20

Is it fair just and reasonable to impose a duty of care - duty of care

Question 21

Robinson v Chief Constable of West Yorkshire Police

Answer 21

Courts should seek to apply exisiting precedent and only apply the Caparo test when there is no existing precedent.

Question 22

Fairchild expectation

Answer 22

Might have caused danger but can’t prove it