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Law - Unit 1 > Negligence > Flashcards

Negligence Flashcards

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1
Q

What is negligence

A

The failure to take proper care

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2
Q

What are the three ways negligence can be established

A

Duty of care

Breach of duty

Caused damage

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3
Q

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

A

Precedent

Statue

Novel situation - Caparo Test

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4
Q

What is precedent

A

A rule established in a previous legal case

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5
Q

What is statue

A

A written law produced by parliament

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6
Q

An example of a statue

A

Road Traffic Act

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7
Q

What 3 ways can the caparo test be applied

A

Reasonably foreseeable harm

Proximate

Fair, just and reasonable

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8
Q

What does reasonably foreseeable harm mean in the caparo test

A

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

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9
Q

What does proximate mean in the caparo test

A

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

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10
Q

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

A

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

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11
Q

What case is duty of care established under

A

Robinson

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12
Q

Explain the case of Robinson

( Duty of care )

A

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

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13
Q

Name a case example of duty of care

A

Donoghue V Stevenson

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14
Q

Explain the case of Donoghue V Stevenson

A

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

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15
Q

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

A

The defendant then must have breached it

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16
Q

What are the three ways breach of duty can be established

A

Reasonable man

Characteristics

Risk factors

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17
Q

What is the reasonable man

A

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

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18
Q

What are the three types of characteristics

A

Professionals

Learner

Child

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19
Q

Who are professionals judged by

A

Other professionals

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20
Q

Who are learners judged by

A

Professionals

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21
Q

Who will a child be judged by

A

A person of the same age

22
Q

What are the 5 types of risk factors

A

Public benefit

Vulnerable victim

Knowledge

Practical precautions

Size of risk

23
Q

A breach of duty case example

A

Blythe

24
Q

explain the case of Blythe

A

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

25
Q

An example of a vulnerable victim case

A

Paris

26
Q

Explain the case of Paris

A

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

27
Q

A leaner case example

A

Condon V Basi

Nettleship V Weston

28
Q

Explain the case of Condon V Basi

A

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

29
Q

Explain the case of Nettleship V Weston

A

H

30
Q

What is the three-part test to caused damage

A

Factual causation

Legal causation

Remoteness

31
Q

What is test is applied in the factual causation

A

The but for test

32
Q

What is the but for test

A

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

33
Q

A case example of factual causation

A

Barnett

34
Q

Explain the case of Barnett

A

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

35
Q

What is legal causation

A

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

36
Q

What is remoteness

A

The decedent is only liable if the accident is foreseeable

37
Q

A case example of Remoteness

A

Wagon Mound

38
Q

Explain the case of Wagon Mound

A

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

39
Q

The two defences to a negligence claim

A

Contributory to negligence

Mitigation of loss

40
Q

What is contributory negligence

A

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

41
Q

Case of example of contributory negligence

A

Sayers

42
Q

Explain the case of sayers

A

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

43
Q

What is mitigation of loss

A

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

44
Q

Example of how to mitigate loss

A

Use a courtosy car

45
Q

What are the two types of damages

A

Special

General

46
Q

What are special damages

A

Any actual finical losses

47
Q

Examples of special damages

A

Loss of wages

Medical costs

Travel costs

48
Q

What are general damages

A

Refers to any physical or mental harm because of the accident

49
Q

Examples of general damages

A

Pain and suffering

Loss of companionship

50
Q

What are the two ways damages can be given

A

Lump sum

Structured settlement

Law - Unit 1 (1 decks)

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