Negligence

Question 1

What is negligence

Answer 1

The failure to take proper care

Question 2

What are the three ways negligence can be established

Answer 2

Duty of care

Breach of duty

Caused damage

Question 3

What are the three ways a duty of care can be established

Answer 3

Precedent

Statue

Novel situation - Caparo Test

Question 4

What is precedent

Answer 4

A rule established in a previous legal case

Question 5

What is statue

Answer 5

A written law produced by parliament

Question 6

An example of a statue

Answer 6

Road Traffic Act

Question 7

What 3 ways can the caparo test be applied

Answer 7

Reasonably foreseeable harm

Proximate

Fair, just and reasonable

Question 8

What does reasonably foreseeable harm mean in the caparo test

Answer 8

Where the person is able to predict or expect harm from their actions

Question 9

What does proximate mean in the caparo test

Answer 9

A foreseeable consequence without the intervention of any independent or unforseeable cause

Question 10

What does fair, just and reasonable mean in the caparo test

Answer 10

Owes a duty of care to people who are likely to be affected by your actions

Question 11

What case is duty of care established under

Answer 11

Robinson

Question 12

Explain the case of Robinson

( Duty of care )

Answer 12

Elderly women was injured when two police officers knocked her over. The Supreme Court held that the police officers did owe a duty of care

Question 13

Name a case example of duty of care

Answer 13

Donoghue V Stevenson

Question 14

Explain the case of Donoghue V Stevenson

Answer 14

A decomposing snail was found in a ginger beer bottle. Held that the manufacture owes a duty of care to the ultimate consumer

Question 15

What happens once it has been shown that a duty has been owed

Answer 15

The defendant then must have breached it

Question 16

What are the three ways breach of duty can be established

Answer 16

Reasonable man

Characteristics

Risk factors

Question 17

What is the reasonable man

Answer 17

Where the D will be judged by a normal person where they ask their selfs ‘what would they do’

Question 18

What are the three types of characteristics

Answer 18

Professionals

Learner

Child

Question 19

Who are professionals judged by

Answer 19

Other professionals

Question 20

Who are learners judged by

Answer 20

Professionals

Question 21

Who will a child be judged by

Answer 21

A person of the same age

Question 22

What are the 5 types of risk factors

Answer 22

Public benefit

Vulnerable victim

Knowledge

Practical precautions

Size of risk

Question 23

A breach of duty case example

Answer 23

Blythe

Question 24

explain the case of Blythe

Answer 24

Water plug was installed 25 years previous and it burst due to a cold winter. Held that the company was not liable as it was too remote

Question 25

An example of a vulnerable victim case

Answer 25

Paris

Question 26

Explain the case of Paris

Answer 26

Claimant had sight in one eye, went on a job and wasn’t given goggles. Metal went in his eye. Held that employer was liable as there should have been safety goggles provided

Question 27

A leaner case example

Answer 27

Condon V Basi Nettleship V Weston

Question 28

Explain the case of Condon V Basi

Answer 28

Claimant suffered a broken leg during a tackle from the decedent during a football match. Held that the standard of care varies according to the level of expertises the player has

Question 29

Explain the case of Nettleship V Weston

Answer 29

H

Question 30

What is the three-part test to caused damage

Answer 30

Factual causation Legal causation Remoteness

Question 31

What is test is applied in the factual causation

Answer 31

The but for test

Question 32

What is the but for test

Answer 32

Asking ‘but for the actions for defendant , would the results still have occurred’ - if they still would have occurred the D won’t be liable

Question 33

A case example of factual causation

Answer 33

Barnett

Question 34

Explain the case of Barnett

Answer 34

Man went to hospital but doctor didn’t see him. 5 hours later he died. Hospital wasn’t liable as he went to hospital too late to be treated anyways

Question 35

What is legal causation

Answer 35

When the decedent is the Operative Substantial cause of the victims injuries

Question 36

What is remoteness

Answer 36

The decedent is only liable if the accident is foreseeable

Question 37

A case example of Remoteness

Answer 37

Wagon Mound

Question 38

Explain the case of Wagon Mound

Answer 38

Vessel leaked oil in the cause, which led to a fire. Held - wasn’t foreseeable that the oil would catch on fire

Question 39

The two defences to a negligence claim

Answer 39

Contributory to negligence Mitigation of loss

Question 40

What is contributory negligence

Answer 40

Amount of damages could be lowered because the claimant contributed to negligence

Question 41

Case of example of contributory negligence

Answer 41

Sayers

Question 42

Explain the case of sayers

Answer 42

Women was locked in pupil toilets. Tried to escape using toilet role holder - she fell. Contributed to injuries

Question 43

What is mitigation of loss

Answer 43

The claimant has a duty to mitigate loss as much as possible

Question 44

Example of how to mitigate loss

Answer 44

Use a courtosy car

Question 45

What are the two types of damages

Answer 45

Special General

Question 46

What are special damages

Answer 46

Any actual finical losses

Question 47

Examples of special damages

Answer 47

Loss of wages Medical costs Travel costs

Question 48

What are general damages

Answer 48

Refers to any physical or mental harm because of the accident

Question 49

Examples of general damages

Answer 49

Pain and suffering Loss of companionship

Question 50

What are the two ways damages can be given

Answer 50

Lump sum Structured settlement