Negligence

Question 1

Donoghue v Stevenson

Answer 1

HOL developed neighbour principle - Lord Atkin said to take reasonable care to avoid injury to your neighbour in law

Question 2

Robinson v Cheif constable of West Yorkshire

Answer 2

Supreme Court said where precedent establishes a DOC exists, follow

Question 3

Blyth v Birmingham water works

Answer 3

Defendant will be judged to the standard of a reasonably competent person in that situation with similar skills/experience

Question 4

Well v Cooper

Answer 4

If defendant is ordinary person, not expected to act professional

Question 5

Bolam

Answer 5

If defendant is a professional or possesses a skill, they are judges to standard of professional body as a whole

Question 6

Bolitho

Answer 6

If judge proves the professional opinion is illogical or irresponsible, defendant is liable

Question 7

Wilsher v Essex area health authority

Answer 7

•No account taken on defendant’s experience
•If there are multiple causes of damage & judge can’t decide, claimant may not get damages

Question 8

Montgomery

Answer 8

Doctor under duty to warn patients of material risks & offer alternative treatment

Question 9

Chester v Afshar

Answer 9

Doctor under duty to ensure patient is aware of side effects of treatment

Question 10

Nettleship v Weston

Answer 10

If defendant is a learner/inexperienced, judged to standards of someone experienced

Question 11

Mullens v Richards

Answer 11

If defendant is a child, judged to standards of another reasonable child of similar age

Question 12

Paris v Stepney council

Answer 12

If claimant had special characteristics making potential harm suffered more serious, defendant is liable for all injury

Question 13

Bolton v Stone

Answer 13

If low risk of injury, less precautions required

Question 14

Hayley London Electricity Board

Answer 14

If high risk of injury, greater precautions are required

Question 15

Latimer

Answer 15

Defendant should take necessary practical precautions relating to cost & effort

Question 16

Roe v Minister of heath

Answer 16

Defendant under no obligation to guard against risks other than those that are within reasonable contemplation

Question 17

Watt v Hertfordshire council

Answer 17

If public benefit to taking risk, in emergencies, greater risks can be taken

Question 18

Barnett v Chelsea hospital

Answer 18

Factual cause- but for test

Question 19

Wagon mound

Answer 19

If damage was not reasonably foreseeable, the defendant is not liable

Question 20

Hughes v Lord Advocate

Answer 20

Defendant need not predict precise way in which unity occurred as long as injury/damage was reasonably foreseen

Question 21

Smith v Leech Brain

Answer 21

Thin skull rule/ take claimant as found, even if there is pre-existing conditions

Question 22

McKew v Holland

Answer 22

Intervening act of claimant- claimant partly responsible for damage

Question 23

Carslogie Steamship

Answer 23

Intervening act on nature that is extreme & unforseeable

Question 24

Knightley v Johns

Answer 24

Intervening act of third party- another person is responsible for the damage