Negligence Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

Robins

A

Where a duty has been owed in a similar case before, a duty should be applied here

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Caparo v Dickman

A

I’m novel cases

  • was damage foreseeable
  • was there proximity
  • is it FJR to impose a duty
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Jolley v Sutton

A

Passed the caparo test

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Blyth v BW

A

Defines a breach as falling below the standard of care expected by a reasonable person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Bolam

A

Profession/ job can raise standard of care

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Nettleship v Weston

A

Inexperience doesn’t change the standard of cafe

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Mullin v Richards

A

Age can lower the standard of care

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Miller v Jackson

A

Size of risk

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Paris v SBC

A

seriousness of potential harm

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Latimer v AEC/ Haley v LEB

A

Precautions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Watt v HCC

A

Benefit of risk

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Barnett

A

But for test

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Reeves v MPC

A

intervening acts (act of victim

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Wilkin-shaw v Fuller

A

Intervening acts (3rd party)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Wagon mound

A

Type of damage must be reasonably foreseeable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Hughes v Lord advocate

A

How the damage happens doesn’t matter

17
Q

Smith v Leechbrain

A

Extent of damage doesn’t matter

18
Q

Sterner v Lawson

A

D knows the exact nature of risk

19
Q

Smith v Baker

A

V had a free choice

20
Q

ICI v shatwell

A

V took free choice

21
Q

Sayers v Harlow

A

Contributory negligence

22
Q

Donoghue v Stevenson

A

D owes a duty, breaches that duty, and the breach causes damages