Negligence Flashcards

1
Q

Definition in Blyth

A

Where D falls below the standards of the reasonable person

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2
Q

3 Part Caparo Test

A

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?

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3
Q

Before the Caparo Test, what case was used to describe a Duty of Care?

A

Donoghue - Neighbour Principle

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4
Q

Where does the Burden of Proof lie in Negligence Claims?

A

On the Claimant. Proved on the Balance of Probabilities (>51%)

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5
Q

What standard is a leaner driver adjudged to?

A

The standard of a fully qualified driver.

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6
Q

Case for professionals being adjudged to their profession?

A

Montgomery

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7
Q

Name 3 risk factors:

A

Special Characteristics
Size of risk
Cost/ease to minimise risk

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8
Q

How foreseeable must injury/damage be for Negligence to succeed?

A

Reasonably foreseeable - not too remote.

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9
Q

How will D’s liability be affected if C has an ‘egg shell skull’

A

It wont, D will still be liable as he ‘takes C as he sees him.’

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10
Q

Factual Causation

A

‘But for’ test - Breach of DoC must directly result in injury/damage

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11
Q

What defences are avaliable to Negligence?

A

Volenti

Contributory Negligence

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12
Q

What will be awarded in a successful Negligence claim?

A

Damages.

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13
Q

Breach Causing foreseeable damage/injury factors;

A

Damage shouldn’t be too remote
Legal & factual causation
Eggshell skull rule

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