Negligence

Question 1

Define negligence

Answer 1

An act of failure to act which causes injury or damage to another person or their property

Blyth v Birmingham Waterworks Co

Question 2

Defendant is only liable if…

Answer 2

1. He owes a duty of care
2. He breaches that duty
3. Breach causes reasonably foreseeable injury/damage

Question 3

Duty of care

Answer 3

Neighbour principle

Donoghue v Stevenson

Question 4

3 elements of the Caparo test

Answer 4

1. Was damage/harm reasonably foreseeable? (Kent v Griffiths)
2. Is there proximity of relationship? (Bourhill v Young)
3. Is it fair just and reasonable to impose a duty? (Hill v Chief constable of West Yorkshire)

Question 5

How is factual causation decided?

Answer 5

By the ‘but for’ test - but for D’s act or omission the injury/damage would not have happened

Barnet v Chelsea and Kensington Hospital

Question 6

What are the defences to a negligence claim?

Answer 6

1. Contributory negligence - partial defence - reduced damages
2. Consent/volenti - full defence