Negligence

Question 1

What does Donoghue say about DOC

Answer 1

You owe a duty of care to your Neighbours
- “persons who are so closely and directly affected by my actions that I ought reasonably to have them in my contemplation”.

Question 2

How do you talk about an extension?

Question 3

What does Donoghue say about breach of DOC?

Answer 3

Atkins Neighbour principle
- “you must take reasonable care to avoid acts or omissions which you can reasonably foresee would likely injure your Neighbour”

Question 4

What does Bolton say about breach of DOC

Answer 4

Requirement to take reasonable care not all possible care – the mere possibility there was harm is not enough for negligence

Question 5

What does Miller say about breach of DOC

Answer 5

Numerous past incidents meant the harm was a foreseen risk – consider the frequent events

Question 6

What does palsgraf say about breach of DOC

Answer 6

harm can’t be too remote – freak accidents will seldom be proximate

Question 7

What does Bourhill say about breach of DOC

Answer 7

must be able to reasonably anticipate the individual will be affected by the act constituting the alleged breach.

Question 8

Grant on Causation

Answer 8

the breach of duty must have caused the harm – if the harm happened regardless of the negligence there is no liability (cannot be a post hoc fallacy)

Question 9

Eggshell skull rule

Answer 9

Responsible for all harm caused by the breach of duty (even if the plaintiff has a particular susceptibility)

Question 10

Contributory negligence

Answer 10

Victim can be partly responsible for their own loss – this affects the damaged not the negligence analysis

Question 11

Donoghue on intermediate inspection

Answer 11

no reasonable possibility of intermediate examination

Question 12

Grant on intermediate inspection

Answer 12

The purpose of inspection is about whether it could detect or defeat the detect - “it could not be detected by any examination that could reasonably be made.”

Question 13

Herschel on intermediate inspection

Answer 13

Mere opportunity to inspect is not enough inspection needs to be anticipated and expected – needs to be inspection not mere possibility.

Question 14

Russell on voluntary assumption of risk

Answer 14

Someone volunteering to help a dangerous situation is not consenting to the harm, provided that – the emergency was serious and urgent – intervention was foreseeable – the stranger acted reasonably

Question 15

Chain of causation - Dorset

Answer 15

can be held liable for the actions under your control, provided that their actions were reasonably forseeable.