Negligance Flashcards
Established by
Donohoe v stevenson
Duty of care
Old caparo now robinson
Breach of duty of care
Reasonable man test
Blyth v Birmingham waterworks
Reasonable man
Profesonals
Montgomery v Lanarkshire
To standard of average profesional
Reasonable man
Learners
Nettleship v weston
Average competent persons
Reasonable man
Children
Mulling v Richards
Reasonable perosn of that age
Risk factors
Special characterisitcs
Paris v Stepney
Higher duty owed
Risk factors
Size of risk
Bolton v stone
Size of risk is Size of precaution
Risk factor
Where risks know at the time
Roe v minister of health
Risk factors
Potential benefits of the risk
Daborn v bath tramways
Damage
Causation in fact (actually cause damage)
But for test
Barnett v chealsea and Kensington
Causation in fact
Multiple causes
Fairrchild v glennhaven
Causation in fact
Intervening acts
Reeves v commissioner of police of metropolis
Causation in law(remoteness of damage)
Remoteness of damage
Wagon mound
Causation in law
Type of injury foreeeable
Hughes v Lord advocate