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.