Negligence Flashcards
What are the three parts to negligence
There must be a duty of care
That duty must be breached
The breach must cause foreseeable injury or damage
What are the three lead cases for establishing a duty
Donoghue v stevenson, Caparo v Dickman, Robinson
Explain donoghue v stevenson
a snail was found in a bottle
Explain Caparo v Dickman
A company took over another as it looked like a profit. When looking into detailed books it was a loss.
Explain the Caparo test
was damage or harm reasonably foreseeable
is there a sufficiently close relationship between the claimant and the defendant
Is it fair, just and reasonable to impose a duty
What case explains damage or harm being reasonably foreseeable
Kent v Griffiths
Explain Kent v Griffiths
an ambulance had not arrived in time. It was reasonably foreseeable the claimant would suffer injury if the ambulance did not arrive
What case explains proximity of relationship
Bourhill v Young
Explain Bourhill v Young
A lady gave birth at the site of a crashed motorcyclist. She claimed against the motorcyclists family but the courts decided that the motorcyclist could not have anticipated the birth of a child
Mcloughlin v O’Brien
A womans family were in a car crash and she suffered mental illness at the site of them before treatment. The defendant was liable as the duty extends to anyone involved in the immediate aftermath
What case explains it is fair just and reasonable to impose a duty of care
Hill V chief constable of west Yorkshire
Explain Hill v west yorkshire
the police had not caught the yorkshire ripper when they had evidence to charge him. A womans daughter was killed and sued the police. The police had no idea when or who is next attack would be
How is a person judged on the breach of duty
On an objective standard of care and as a normal and reasonable person
What case explains the standard that professionals are judged at
Bolam
Explain Bolam
the claimant was not told of the risks and not given relaxant drugs when recieving electric shock therapy
Courts decided relaxant drugs are only used if they need to be, the didnt in bolam and no breach happened
Explain the bolam test
Does the defendants conduct fall below the standard of the ordinary competent member of that profession
Is there a substantial body of opinion within the profession that would support the course of action taken by the defendant
What case developed the bolam test
Montogomery v Lanarkshire health board
Explain Montogomery
A mother gave birth to her son with cerebal palsy
Courts decided that a doctor must explain the risks if it would cause harm or injury to the patients health
What case explains the judging of learners
Nettleship v Weston
Explain Nettleship v Weston
defendant injured claimant while learning to drive
How is a learner judged
At the standard of the competent, more experienced person
What standard are children and young people judged at
At the standard of a reasonable person of that age
What case shows the standard of care for children and young people
Mullin v Richards
Explain Mullin v Richards
two 15 year old girls were play fighting and one was injured. the defendant met the required standard and had not breached her duty of care
What are risk factors
Does the claimant have any special characteristics
What is the size of the risk
Have all precautions been taken
were the risks known about at the time of the accident
Is there a public benefit to take the risk
State and explain the case for special characteristics
Paris v Stepney Borough council
D was blind in one eye, he was given no protective goggles and became completely blind
What cases are used for the size of the risk
Bolton v Stone
Haley v London electricity board
Explain Bolton v Stone
A cricket ball hit a woman outside a cricket ground, balls had only been hit out 6 times before and so the grounds done everything they could
Explain Haley v London electricity board
A trench was dug and only signs were erected, blind people were known to walk it and greater precautions should have been taken
State and explain the case for all precautions taken
Latimer v AEC
Sawdust was put on a spill to make it safe, someone slipped and was injured, the owners done everything reasonable
State and explain the case used for risks known at the time
Roe v Minister of health
It was not known that invisible cracks could emerge in anaesthetic tubes and a patient became paralysed, courts said no breach as it was not known to be possible
What cases are used for public benefit
Watt v Hertfordshire county council
Day v high performance sports
Explain Watt v Hertfordshire county council
A jack slipped and injured the claimant, courts said the emergency situation of saving a life outweighed the need of precautions
Explain Day v high performance sports
manager injured claimant when frozen on a climbing wall
courts said they hadn’t breached their duty in view of the emergency situation
What is damage
Damage must be caused by the breach of duty
the two parts to damage is causation and remoteness of damage
causation has factual and legal causation
What is factual causation
But for the defendants actions or omission the injury or damage would not have occurred
What case is used for factual causation
Barnett v hospital management committee
Explain Barnett v hospital management committee
Man died of arsenic poisoning after being told to go home from hospital
There was no chance of saving him so the doctors breach was not the cause of death
What is legal causation
Are there any intervening acts or novus actus interveniens that break the chain of causation
Was the injury or damage a foreseeable consequence to the original negligent act or omission
What case is used for reasonably foreseeable
Hughes v Lord Advocate
Explain Hughes v Lord Advocate
a child explored a manhole site and was injured, it was foreseeable this could happen
What is the remoteness of damage
Is the damage too remote from the negligence of the defendant
What case is used to explain the remoteness of damage and explain it
Wagon mound
Fire was caused on a wharf nearby an oil spillage
Decided that fire damage was too remote
What is take your victim as you find them
It is where a victims pre existing conditions should be taken into account
Also known as the eggshell skull rule
What case is used to explain eggshell skull rule and explain it
Smith v Leech Brain and co
A man was burnt on his lap causing full onset fatal cancer due to his pre cancerous condition
Defendant was liable
