neglience Flashcards
What did Blyth v Birmingham Waterworks Co define negligence as?
Failing to do something which the reasonable person would do or doing something which the reasonable person would not do
What is the neighbour principle?
Donoghue v Stevenson: anyone closely/directly affected by your actions, that you ought to reasonable contemplate them
What does Robinson v CCWY state?
If there is an established duty, use that. Caparo test only used for novel cases
What are the established duties?
Contract, public office, voluntary, relationship, limit harm caused, statutory (Road Traffic Act 1988)
What is the Caparo test?
- Damage/harm is reasonably foreseeable - Kent v Griffiths: reasonably foreseeable that if ambulance didn’t arrive promptly, could be further injury
- Sufficiently proximate and close relationship - Bourhill v Young: pregnant women did not have diffidently proximate relationship with the motorcyclist
- Fair, just and reasonable to hold D liable - ABC v St George’s Healthcare NHS Trust and Others, Hill v CCWY
Which case states that breach of duty is judged by the standards of the reasonable man?
Vaughan v Menlove
Breach of duty: Professionals
- Judged by the standard of the profession as a whole - Bolam v Friern Barnet HMC
- Will find breach if D’s conduct has fallen below the standard of the ordinary competent person of that profession and the substantial body of opinion within that profession would not support D’s actions
- Montgomery v Lanarkshire Health Board - departed from Bolam, doctors have a duty to disclose anything serious during childbirth, must inform patients of all material risks - if as an adult you accept these, you must live with the consequences
Breach of duty: Learners
Judged to the standard of the competent and more experienced person - Nettleship v Weston
Breach of duty: Children
Judged to the standard of the reasonable person of D’s age at the time of the incident - Mullin v Richards
Risk factors: Special characteristics
Paris v Stepney Borough Council - duty owed to employee with special characteristics, not to a class of persons of reasonable workers
Risk factors: Size of risk
- Small risk = not expected to take big precautions (Bolton v Stone)
- Large risk = greater DOC required (Haley v London Electricity Board)
Risk factor: Appropiate precautions
Consider risk and whether D has taken appropiate precautions to eliminate risk (Latimer v AEC Ltd)
Risk factor: Were risks known
If risk of harm isn’t known, there is no breach - Roe v Minister of Health
Risk factor: Is there a benefit
In an emergency, greater risks can be taken and lower standard of care is acceptable. Will still be considered if fair just and reasonable - Day v High Performance Sports
Causation in Fact
‘But for’ D’s act/omission, harm wouldn’t have occurred - Barnett v Chelsea and Kensington HMC
