Negligence

Question 1

Which case established duty of care and under which principle?

Answer 1

Donoghue v. Stevenson, the Neighbour Principle.

Question 2

List the elements of the Caparo Test.

Answer 2

1) . Damage must be reasonably foreseeable (Bourhill v. Young).
2) . Must be sufficient proximity between C. and D. (McLaughlin v. O’Brian)
3) Must be just and fair to impose a duty (Griffiths v. Lindsay)

Question 3

List the 6 factors that effect the level of duty. Provide a case for each.

Answer 3

1) . Age (Mullin v. Richards)
2) . Likelihood of the damage (Bolton v. Stone).
3) . Characteristics of the claimant (Paris v. Stepney BC)
4) . D’s profession (Bolam v. Friern Medical Committee)
5) . If the D. has taken reasonable precautions (Latimer v. AEC).
6) . The benefits outweigh the risks (Watt v. Hertfordshire CC)

Question 4

Which case used the ‘But-for’ test?

Answer 4

Barnett v. Chelsea Hospital

Question 5

Give the three Novus actus interveniens that can break the chain of causation.

Answer 5

1) . Unforeseeable actions of a third party (Scott v. Shepard)
2) . Unreasonable actions of the claimant (McKew).
3) . Natural intervention (Carslogie Steamship Co v. Norwegian Government - had broken the chain).

Question 6

List the three tests used to determine factual causation.

Answer 6

1) . ‘But for’ test (Barnett v Chelsea Hospital).
2) . Thin Skull rule (Smith v. Leech Brain).
3) . Res ipsa loquitur (Scott v. London Docks)

Question 7

What is the main rule of remoteness of damage and which case established it?

Answer 7

Damage must be foreseeable and not too remote.

Question 8

Which case said that the Caparo test should be used in novel situations?

Answer 8

Robinson v. CCWYP