negligence

Question 1

What 3 things do you have to prove that D has been negligent?

Answer 1

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

Question 2

What case involved an elderly woman being pushed out of the way by a police man?

Answer 2

Robinson v CCoWY

Question 3

What was decided in Robinson v CCoWY?

Answer 3

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.

Question 4

What case does the caparo test originate from?

Answer 4

Caparo v Dickman

Question 5

What are the three parts to the caparo test?

Answer 5

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?

Question 6

Name a case where there was proximity through knowledge

Answer 6

Jolley v Sutton (Playground/shipwreck case)

Question 7

Name a case where the claimant was ‘too far removed’ to be proximate

Answer 7

Bourhill v Young (motorcyclist crash)

Question 8

Name the two ways of proving proximity

Answer 8

1) A closeness of time and space

“) a closeness through a relationship of knowledge or dependancy

Question 9

What case defines the breach of duty?

Answer 9

Blyth v Birmingham Waterworks Co

Question 10

How does Blyth v Birmingham Waterworks co. define breach?

Answer 10

D does not do something which a reasonable person would do, or D does something that a reasonable person wouldn’t do.

Question 11

Alternative meaning of breach:

Answer 11

the defendant has fallen below the standard of care expected of a reasonable person performing the activity concerned.

Question 12

Name the case that involved a learner driver:

Answer 12

Nettleship v Weston

Question 13

What factor was deemed irrelevant in the case of Nettleship v Weston?

Answer 13

Their incompetence, D was compared to the average driver.

Question 14

Other words that mean learner (still expect same standard of care as someone who isn’t learning)

Answer 14

Trainee, Beginner, apprentice, recruit, intern, work experience, student, learner

Question 15

Which case says that being a professional can raise the standard of care expected?

Answer 15

Bolam v Friern Barnet HMC

Question 16

What are the two situations where D will be compared to a professional?

Answer 16

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.

Question 17

Name the case about DIY at home, Who will D be compared to?

Answer 17

Wells v Cooper

D will be compared to the reasonable person doing DIY.

Question 18

Which case says that age can lower the standard of care expected?

Answer 18

Mullin v Richards

Compared to the reasonable child of that age

Question 19

Name the 4 risk factors

Answer 19

1) Size of risk
2) seriousness of potential harm
3) Practicability of precautions
4) benefits of taking risk

Question 20

Size of risk:

Answer 20

When the risk of harm is small, it is unlikely that D has breached his duty. Bolton v Stone

Question 21

Case where there was a higher size of risk:

Answer 21

Miller v Jackson

Question 22

Define seriousness of potential harm:

Answer 22

How bad the harm could be

Question 23

What is the case for seriousness of potential harm?

Answer 23

Paris v SBC

Question 24

Legal principle of Paris v SCB:

Answer 24

The reasonable man will take more care when the potential harm to C could be serious.

Question 25

Define practicability of taking precautions:

Answer 25

how practical (easy, cheap, quick) was it to take precautions to reduce the risk of harm

Question 26

What are the three cases for practicability of precautions?

Answer 26

Paris v Stepney BC
Haley v LEB
Latimer v AEC

Question 27

Why was D still found liable even though he had still taken a precaution? (Haley v LEB)

Answer 27

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.

Question 28

Legal principle of Latimer v AEC

Answer 28

The reasonable man will take precautions which are proportionate to the size of risk and seriousness of potential harm

Question 29

Define potential benefits of taking risk:

Answer 29

is the benefit going to outweigh the risk. If benefit to society outweighs the risk of harm to C then no breach.

Question 30

Name the case for potential benefits of taking a risk:

Answer 30

Watt v HCC

Question 31

Watt v HCC legal principle:

Answer 31

the reasonable person will take a risk if the potential benefit to be gained outweighs the risk.

Question 32

What it the test for factual causation? (With Case)

Answer 32

‘But for’

Barnett v Chelsea & Kensington Hospital

Question 33

How would you use the but for test in a scenario?

Answer 33

The damage would not have happened but for D’s breach of duty

Question 34

What case says that victims own actions can break the chain if they are unreasonable and unforeseeable?

Answer 34

Reeves v MPC

Question 35

Which case says that actions of a third party can break the chain of causation if they are unreasonable and unforeseeable?

Answer 35

Wilkin - Shaw v Fuller

Question 36

What case shows that the type of damage had to be reasonably foreseeable?

Answer 36

The Wagon Mound

Question 37

What case shows that how the damage is caused is irrelevant?

Answer 37

Hughes v Lord Advocate

Question 38

What case says that the extent of the harm can be unforeseeable?

Answer 38

Bradford v Robinson Rentals

Question 39

What case supports the eggshell skull rule?

Answer 39

Smith v Leechbrain