Negligence Flashcards
Definition of negligence
An act or omission which leads to injury and or damage of a person and or their property
Definition of duty
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
3 rules set out in Robinson V CCWY
- existing precedent 2. statutory authority 3. Analogy
Case for existing precedent
Donoghue V Stevenson
Example for a statutory authority
Road Traffic Act 1988
Definition of breach
When behaviour falls below standard of the reasonable person
what case set out objective test
Blyth V Birmingham Waterworks
Case for professionals
Bolam V Friern
Case for children
Mullins V Richards
Case for sportsman
Condon V Basi
5 varying factors
- Foreseeability 2. Special characteristics 3. Precautions 4. Social utility 5. Common practice
Case for foreseeability
Bolton V Stone
Case for special characteristics
Paris V Stepney
Case for precautions
Latimer V AEC Ltd
case for Social utility
Watt V HCC
case for Common practice
Thompson V Smith Ship Repairs
Test made in factual causation
But for test
Case for factual causation
Barnett V Chelsea
Legal causation
Not breaking chain of causation
Case for remoteness
Wagon Mound
case for Thin skull rule
Smith V Leech brain
How is legal causation established
The remoteness of damage test
