negligence Flashcards

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1
Q

what is the quote that defines negligence

A

‘failing to do something which the reasonable person would do or doing something that the reasonable person would not do’

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2
Q

what are the three things that must be proven for negligence

A
  1. that d owed them a duty of care
  2. that duty of care was breached
  3. the breach caused damage
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3
Q

what is the case that established duty of care

A

donogue v stevenson, snail in a bottle, ‘neighbour test’

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4
Q

what case established the new three part test that replaced stevenson v donoghue ruling

A

Caparo v Dickman

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5
Q

what is the three part test from caparo v dickman

A
  1. harm was reasonably foreseeable
  2. there was a relationship of proximity
  3. that it is fair, just and reasonable to impose a duty of care
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6
Q

what is another key case in relation to the caparo test

A

robinson, old lady was injured by two police officers whilst they were trying to arrest a suspect. officeers were liable. courts said that the caparo test does not have to be strictly applied in every case , instead judicial precedent should be considered

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7
Q

what is a case for damage being reasonably foreseeable

A

Kent v Griffiths, an ambulance was called to take c to hospital, due to a significant delay in the ambulances arrival c suffer further injuries

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8
Q

what is a case for whether it is fair just and reasonable to impose DOC (courts are reluctant to impose DOC on public authority)

A

Hill, hills mother made a a claim against yorkshire police for being negligent in their investigation of the yorkshire ripper after her daughter was murdered by him. The courts said that damage suffered by c was reasonable foreseeable but there was nothing linking/ connecting d and c

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9
Q

which case established the term ‘reasonable man’

A

Blyth

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10
Q

what is the case involving a learner driver and standard of care

A

Nettleship, the courts said that a learner driver owed the same standard of care as a qualified driver

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11
Q

what is the case for professionals standard of care

A

bolam, they owe a higher standard

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12
Q

case for junior doctors standard of care

A

wilsher, owe the same care as a qualified doctor

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13
Q

case for young people standard of care

A

mullin, owe a lower standard of care

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14
Q

what are the 4 risk factors that the courts will consider when determining a breach

A
  1. could the d have taken any practicable precautions
  2. was there any special characteristics of the c that the d should have taken into consideration
  3. was there any benefit of the risk
  4. what was the degree of risk
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15
Q

what is the case for practicable precautions

A

Latimer, the D’s owned a factory which flooded. The floodwater mixed with oil and became slipper, they removed the floor and added saw dust. C slipped and was injured despite the precautions. D was not liable, they had taken reasonable precautions to prevent injury

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16
Q

what is the case for characteristics of a claimant

A

Paris, C had eye sight only in one eye. whilst working in a garage a splinter of metal fell into his sighted eye. his employer failed to provide safety goggles. His employer was liable, owed a higher standard of care due to his condition so there was a breach

17
Q

what is the case for public benefit of risk

A

Watt, fire brigade transported equipment necessary to stop fire on a separate vehicle because they could not use the normal one. Equipment fell of the vehicle and injured a man, the brigade were not liable because potential benefits outweighed risk.

18
Q

what are the three cases for degree of risk and what do they each involve

A

Roe- if the likelihood of harm is unknown then d will not be liable
bolton- if the likelihood of harm is small then d will not be liable
Haley- if they knew likelihood of harm and did nothing then d is liable

19
Q

what are the rules surrounding damage

A

the courts will apply the rules of causation and use the but for test

20
Q

what is a case for damage

A

Barnett, c went to hospital and was told to go home and see his GP. He died five hours later. Had he been treated in hospital he still would have died. D’s were not liable because the poison caused damage and chain of causation was not broken.

21
Q

what else do the courts look at when considering damage

A

whether the damage was too remote from the initial incident

22
Q

what is the case for remote damage

A

wagon mound, the d’s were responsible for an oi spill, a few days later a boat set a lite. The D’s clearly caused the damage but it was unforeseeable therefore too remote so they were not liable

23
Q

what is the case for the eggshell skull rule in negligence

A

Smith, C incurred a burn to his lip due to D’s negligence. His lip contained pre cancerous cells and 5 years later he died of cancer. D was liable, it did not matter that other people would not have suffered the same in jury.

24
Q

who is the burden of proof on

A

the claimant has to prove that the D is negligent

25
Q

what is the standard of proof

A

balance of probabilities ( who is most likely to be right)