Negligence Flashcards
What is negligence
The failure to take proper care
What are the three ways negligence can be established
Duty of care
Breach of duty
Caused damage
What are the three ways a duty of care can be established
Precedent
Statue
Novel situation - Caparo Test
What is precedent
A rule established in a previous legal case
What is statue
A written law produced by parliament
An example of a statue
Road Traffic Act
What 3 ways can the caparo test be applied
Reasonably foreseeable harm
Proximate
Fair, just and reasonable
What does reasonably foreseeable harm mean in the caparo test
Where the person is able to predict or expect harm from their actions
What does proximate mean in the caparo test
A foreseeable consequence without the intervention of any independent or unforseeable cause
What does fair, just and reasonable mean in the caparo test
Owes a duty of care to people who are likely to be affected by your actions
What case is duty of care established under
Robinson
Explain the case of Robinson
( Duty of care )
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
Name a case example of duty of care
Donoghue V Stevenson
Explain the case of Donoghue V Stevenson
A decomposing snail was found in a ginger beer bottle. Held that the manufacture owes a duty of care to the ultimate consumer
What happens once it has been shown that a duty has been owed
The defendant then must have breached it
What are the three ways breach of duty can be established
Reasonable man
Characteristics
Risk factors
What is the reasonable man
Where the D will be judged by a normal person where they ask their selfs ‘what would they do’
What are the three types of characteristics
Professionals
Learner
Child
Who are professionals judged by
Other professionals
Who are learners judged by
Professionals
Who will a child be judged by
A person of the same age
What are the 5 types of risk factors
Public benefit
Vulnerable victim
Knowledge
Practical precautions
Size of risk
A breach of duty case example
Blythe
explain the case of Blythe
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
An example of a vulnerable victim case
Paris
Explain the case of Paris
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
A leaner case example
Condon V Basi
Nettleship V Weston
Explain the case of Condon V Basi
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
Explain the case of Nettleship V Weston
H
What is the three-part test to caused damage
Factual causation
Legal causation
Remoteness
What is test is applied in the factual causation
The but for test
What is the but for test
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
A case example of factual causation
Barnett
Explain the case of Barnett
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
What is legal causation
When the decedent is the Operative Substantial cause of the victims injuries
What is remoteness
The decedent is only liable if the accident is foreseeable
A case example of Remoteness
Wagon Mound
Explain the case of Wagon Mound
Vessel leaked oil in the cause, which led to a fire. Held - wasn’t foreseeable that the oil would catch on fire
The two defences to a negligence claim
Contributory to negligence
Mitigation of loss
What is contributory negligence
Amount of damages could be lowered because the claimant contributed to negligence
Case of example of contributory negligence
Sayers
Explain the case of sayers
Women was locked in pupil toilets. Tried to escape using toilet role holder - she fell. Contributed to injuries
What is mitigation of loss
The claimant has a duty to mitigate loss as much as possible
Example of how to mitigate loss
Use a courtosy car
What are the two types of damages
Special
General
What are special damages
Any actual finical losses
Examples of special damages
Loss of wages
Medical costs
Travel costs
What are general damages
Refers to any physical or mental harm because of the accident
Examples of general damages
Pain and suffering
Loss of companionship
What are the two ways damages can be given
Lump sum
Structured settlement
