Negligence Flashcards
Define Negligence
The breach of duty of care via act or omission that causes damage injury or loss.
What are the 3 elements of Negligence
Duty of care
Breach of duty
Causation of damage
What is the neighbour principle (Duty of care)
Donoghue V Stevenson (1932)
Established DOC, manufacturer is liable to the final consumer.
What are the three parts of the Caparo test? Caparo V Dickman (1990)
Damage or harm was reasonably foreseeable.
Proximity (closeness)
Fair, just and reasonable
What is the Caparo test Element 1?
Damage or harm foreseeable.
Kent V Griffiths (2000)
Ambulance called to asthma attack victim but arrived late.
Court held it was foreseeable his condition would worsen if they weren’t quick enough.
What is the Caparo test Element 2?
Proximity
Bourhill V Young (1943)
Pregnant woman witnessed motorcyclist accident she suffered shock and had a still birth.
Court held he could not anticipate crashing and causing mental injury to a bystander.
What is the Caparo test Element 3?
Fair, just and reasonable to impose a duty.
Hill V Chief Constable West Yorkshire (1990)
Serial killer murdering women in Yorkshire killed claimants daughter as police had enough evidence to arrest him prior.
Court held it unjust for Police to hold a duty of care.
What is an Established Duty situation?
Robinson V West Yorkshire Police
States a number of situations there is an existence of duty of care. E.g drivers to their passengers.
Define reasonable person? (Breach of duty)
Ordinary person in the street or doing the same task.
Who does the standard of care change for?
Professionals
Lack of skill
Children
What is the case for Professionals? (Breach of duty)
Bolam (1957)
Claimant suffering mental illness treatment was electric shock. D not given relaxant drugs and broke his pelvis.
Court held hospital had followed a course of action so not liable.
What is the case for Learners or those with lack of skill? (Breach of duty)
Nettleship V Weston (1971)
Mrs Weston arranged driving lessons with her neighbour in her third lesson she hit a lamppost and injured Mr Nettleship.
Court judged her at the standard of a competent driver.
What is the case for Children (Breach of duty)
Mullin V Richards (1998)
Two school girls fighting with plastic rulers one snapped and injured the eye of Mullin, she lost sight.
Court held she had to meet standards of a 15 year old girl not an adult.
What are the two types of Causation?
Factual
Legal
What is Factual Causation?
Links D’s act/omission to C’s injury/damage/loss.
‘But for’ test.
Barnett (1969) Hospital was not liable as doctors failure to examine him did not cause death.
