negligence Flashcards
What 3 things do you have to prove that D has been negligent?
1) D owed a duty of care
2) The duty of care was breached
3) the defendants breach caused the damage to the claimant which was not too remote
What case involved an elderly woman being pushed out of the way by a police man?
Robinson v CCoWY
What was decided in Robinson v CCoWY?
If there is a precedent stating that a duty of care is owed in the same or a similar situation or relationship to that of the current case, a duty of care will apply and does not have to prove it further.
What case does the caparo test originate from?
Caparo v Dickman
What are the three parts to the caparo test?
1) Would the reasonable person foresee a risk of damage from what D has done?
2) Is there proximity between D and C?
3) Is it fair, just and reasonable to impose a duty on D?
Name a case where there was proximity through knowledge
Jolley v Sutton (Playground/shipwreck case)
Name a case where the claimant was ‘too far removed’ to be proximate
Bourhill v Young (motorcyclist crash)
Name the two ways of proving proximity
1) A closeness of time and space
“) a closeness through a relationship of knowledge or dependancy
What case defines the breach of duty?
Blyth v Birmingham Waterworks Co
How does Blyth v Birmingham Waterworks co. define breach?
D does not do something which a reasonable person would do, or D does something that a reasonable person wouldn’t do.
Alternative meaning of breach:
the defendant has fallen below the standard of care expected of a reasonable person performing the activity concerned.
Name the case that involved a learner driver:
Nettleship v Weston
What factor was deemed irrelevant in the case of Nettleship v Weston?
Their incompetence, D was compared to the average driver.
Other words that mean learner (still expect same standard of care as someone who isn’t learning)
Trainee, Beginner, apprentice, recruit, intern, work experience, student, learner
Which case says that being a professional can raise the standard of care expected?
Bolam v Friern Barnet HMC
What are the two situations where D will be compared to a professional?
1) D actually has the skills/expertise of a professional
2) D is acting in a way that they would be expected to be a professional when they dont actually have the experience.
Name the case about DIY at home, Who will D be compared to?
Wells v Cooper
D will be compared to the reasonable person doing DIY.
Which case says that age can lower the standard of care expected?
Mullin v Richards
Compared to the reasonable child of that age
Name the 4 risk factors
1) Size of risk
2) seriousness of potential harm
3) Practicability of precautions
4) benefits of taking risk
Size of risk:
When the risk of harm is small, it is unlikely that D has breached his duty. Bolton v Stone
Case where there was a higher size of risk:
Miller v Jackson
Define seriousness of potential harm:
How bad the harm could be
What is the case for seriousness of potential harm?
Paris v SBC
Legal principle of Paris v SCB:
The reasonable man will take more care when the potential harm to C could be serious.
Define practicability of taking precautions:
how practical (easy, cheap, quick) was it to take precautions to reduce the risk of harm
What are the three cases for practicability of precautions?
Paris v Stepney BC
Haley v LEB
Latimer v AEC
Why was D still found liable even though he had still taken a precaution? (Haley v LEB)
The precaution was ineffective for blind people or in the dark. It would be easy to take effective precautions. The reasonable person would have done more.
Legal principle of Latimer v AEC
The reasonable man will take precautions which are proportionate to the size of risk and seriousness of potential harm
Define potential benefits of taking risk:
is the benefit going to outweigh the risk. If benefit to society outweighs the risk of harm to C then no breach.
Name the case for potential benefits of taking a risk:
Watt v HCC
Watt v HCC legal principle:
the reasonable person will take a risk if the potential benefit to be gained outweighs the risk.
What it the test for factual causation? (With Case)
‘But for’
Barnett v Chelsea & Kensington Hospital
How would you use the but for test in a scenario?
The damage would not have happened but for D’s breach of duty
What case says that victims own actions can break the chain if they are unreasonable and unforeseeable?
Reeves v MPC
Which case says that actions of a third party can break the chain of causation if they are unreasonable and unforeseeable?
Wilkin - Shaw v Fuller
What case shows that the type of damage had to be reasonably foreseeable?
The Wagon Mound
What case shows that how the damage is caused is irrelevant?
Hughes v Lord Advocate
What case says that the extent of the harm can be unforeseeable?
Bradford v Robinson Rentals
What case supports the eggshell skull rule?
Smith v Leechbrain
