Negligence 1 Flashcards
Negligence 1: Decision Procedures
- Duty of care
- Breach of Duty
- Causation
- Damage
- Remoteness
- Defences
Lord Atkin’s Neighbour Principle
Donoghue v Stevenson
- Take reasonable care where harm is reasonably foreseeable
- D may be liable where C is ‘closely and directly’ affected by their conduct
Lord Bridge’s Three Requirements
Caparo
Reasonably foreseeable harm
Proximity
Justice, fairness and reasonableness of imposing a duty
Lord Reed’s Approach
duty of care
Robinson
“follow principles” not fact specific cases
Breach of Duty
The Reasonable Person Standard
Glasgow Corp v Muir
Lord Thankerton
Objective Test
Negligance Considerations
Cost of taking care - Latimer P = probability - Read v Lyons Gravity of Harm - Read v Lyons
Causation
Factual Causation (but - for - White) Legal Causation Stapley v Gypsum Mines lord Asquith - 'real' 'direct' 'effective'
Negligence: Damage
De minmis non curat lex - significant harm
Hotson (Lord Ackney)
Loss of a chance of full recovery
Negligence: Remoteness
The Wagon Mound
Extent of liabilityy
Balance C’s security to D’s freedom of action
Negligence: Eggshell Skull
Damage is reasonably foreseeable where C’s susceptibility to harm goes above the threshold
Smith v Leach (Lord Parker CJ)
tkes victim as he finds him
Lord Reid: Dorset Yacht
A presumption in favour in applying the neighbour principle
Duty of care Test: Lord Wilberforce
Anns
- ‘sufficient relationship of proximity or neighbourhood’ between C and D
- Are there any considerations which ought to negative/reduce the scope of duty
Caparo (Lord Oliver)
Proximity is nothing more than a label
Not a definite concept
Scepticism
Incremental Development: Australia
Sutherland
Brennan J: build my analogy
Approved Caparo
Hand Formula
Learned Hand J
B = cost of taking care
P = probability
L = gravity of harm
B
Compensation Act 2006, s1
Courts may consider whether a decision in favour of C might a) prevent a desirable activity being undertaken
b) discourage persons from undertaking functions in connection with a desirable activity
Occupational Stress
Walker v Northumberland CC
Duty to provide employees with a reasonable safe system of work
“reasonable steps” but not “an insurer against all injury”
Breach of Duty and Medicine
Bolam
McNair J: ‘The test is the standard of the ordinary reasonable man exercising…that special skill
Not negligent if acting in accordance with a practice by a responsible body
Remoteness
- Who passes the but-for test
- Who bears responsibility
- What are they responsible for? What is the extent of recoverable loss?
Novus Actus Interveniens
The Oropesa
‘direct relationship’ between carelessness and injuries suffered
Liability of Third Party Conduct
Dorset Yacht: very likely
Lamb: Inevitable
Ward: Virtually certain
Occasioning Harm
Stansbie v Troman
Burgled by third party
D liable for reasonably foreseeable loss
Normative Question: How broadly should it apply?
Fitzgerald v Lane (distingushable facts)
Wilsher v essex - balance of probabilities
has this really changed then
Fairchild
McGhee applied
D
(i) breaches duty owed to C
(ii) material increase in risk, liability can be imposed
(iii) full loss
