Negligence Flashcards
What was the principle in Donoghue v stevenson?
You should care for your neighbour
What are examples of duty established situation?
Bank + your money Employer + employee Nurse + patient Parent / guardian + child Government + schools
What test came from the blyth v birmingham waterworks?
Reasonable man test - The objective test - in this case, the waterworks had not breached their duty as they met the standard of other companies
What case would you use if there is a pre-established duty of care?
Robinson v Chief constable of West Yorkshire Police
What is the Caparo test? (Caparo industries v Dickman) - Only use to establish a duty of care
- Harm foreseeable? (Kent v Griffith)
- Sufficient proximity between D and C? (Bourhill v Young)
- Reasonable to impose Duty of care? (Hill v Chief constable of West Yorkshire police)
What is the aim of risk factors?
To assess whether a reasonable person would have acted in the same way or would they have taken more or less risk?
Bolam v Friem hospital
Professional would be compared with a responsible body of professional opinion - doctor and doctor body
Nettleship v Weston
Learner driver compared with the same ability of qualified competent driver
Mullins v Richards
A child is compared with a reasonable child of the same age e.g. 15 year old and 15 year old
What are the 4 risk factors?
- How likely is the harm? (Bolton v Stone)
- Seriousness of injury? (Paris v Stepney borough council)
- Cost of precautions? (Latimer v AEC LTD)
- Importance of activity? (Watt v Hertfordshire county council)
Did breach cause damage? - Barnett v Chelsea and Kensington hospitals
But for the defendant’s actions would the damage of occurred?
Wagon mount No.1
Is d liable for the type of damage (foreseeable that act will cause damage or too remote to link?)
