Negligence Flashcards
Definition in Blyth
Where D falls below the standards of the reasonable person
3 Part Caparo Test
1 - Was Harm/damage reasonably foreseeable?
2 - If C&D’s relationship proximate (closely and directly affected)
3 - Is it fair, just & reasonable to impose a Duty of Care?
Before the Caparo Test, what case was used to describe a Duty of Care?
Donoghue - Neighbour Principle
Where does the Burden of Proof lie in Negligence Claims?
On the Claimant. Proved on the Balance of Probabilities (>51%)
What standard is a leaner driver adjudged to?
The standard of a fully qualified driver.
Case for professionals being adjudged to their profession?
Montgomery
Name 3 risk factors:
Special Characteristics
Size of risk
Cost/ease to minimise risk
How foreseeable must injury/damage be for Negligence to succeed?
Reasonably foreseeable - not too remote.
How will D’s liability be affected if C has an ‘egg shell skull’
It wont, D will still be liable as he ‘takes C as he sees him.’
Factual Causation
‘But for’ test - Breach of DoC must directly result in injury/damage
What defences are avaliable to Negligence?
Volenti
Contributory Negligence
What will be awarded in a successful Negligence claim?
Damages.
Breach Causing foreseeable damage/injury factors;
Damage shouldn’t be too remote
Legal & factual causation
Eggshell skull rule