Negligence

Question 1

Definition of negligence

Answer 1

An act or omission which leads to injury and or damage of a person and or their property

Question 2

Definition of duty

Answer 2

There is a duty to take reasonable care to avoid act or omissions which you can reasonably foresee would be likely to injure your neighbour

Question 3

3 rules set out in Robinson V CCWY

Answer 3

1. existing precedent 2. statutory authority 3. Analogy

Question 4

Case for existing precedent

Answer 4

Donoghue V Stevenson

Question 5

Example for a statutory authority

Answer 5

Road Traffic Act 1988

Question 6

Definition of breach

Answer 6

When behaviour falls below standard of the reasonable person

Question 7

what case set out objective test

Answer 7

Blyth V Birmingham Waterworks

Question 8

Case for professionals

Answer 8

Bolam V Friern

Question 9

Case for children

Answer 9

Mullins V Richards

Question 10

Case for sportsman

Answer 10

Condon V Basi

Question 11

5 varying factors

Answer 11

1. Foreseeability 2. Special characteristics 3. Precautions 4. Social utility 5. Common practice

Question 12

Case for foreseeability

Answer 12

Bolton V Stone

Question 13

Case for special characteristics

Answer 13

Paris V Stepney

Question 14

Case for precautions

Answer 14

Latimer V AEC Ltd

Question 15

case for Social utility

Answer 15

Watt V HCC

Question 16

case for Common practice

Answer 16

Thompson V Smith Ship Repairs

Question 17

Test made in factual causation

Answer 17

But for test

Question 18

Case for factual causation

Answer 18

Barnett V Chelsea

Question 19

Legal causation

Answer 19

Not breaking chain of causation

Question 20

Case for remoteness

Answer 20

Wagon Mound

Question 21

case for Thin skull rule

Answer 21

Smith V Leech brain

Question 22

How is legal causation established

Answer 22

The remoteness of damage test