Negligence Flashcards
What is the 3 part test for Neg?
Duty of care
Breach of duty
Damage
The neighbour principle was founded in what case?
Donohue v Stevenson 1932
What case states that a solicitor does owe a duty to their clients?
Ross v Caunters 1980
In novel situations what test is used and what case is it defined in?
The Caparo test / Caparo industries PLC v Dickman 1990
What is are the 3 parts to the novel situations test.
1.Was the damage reasonably foreseeable?
2.Was there sufficient proximity between the C and the D
3.Fair to impose a duty of care?
Name the case: Motorbike miscarriage
Bourhill v Young 1943 - No duty of care
Describe the case: Maguire v Harland and Wolff PLC
Claimant got ill from asbestos that her partner had on his clothes. She tried to claim but it was a historic case back from 1965 so damages were not foreseeable.
Law that derives from case: Mcloughlin v O’Brian
Proximity in time or space is acceptable so long as it is not too much of a stretch. This case changed the law so relationships can be proximity
Name the case: Falls out of taxi and the driver is not liable.
Griffiths v Lindsay 1988
What case makes the novel test not need to be used in every negligence case?
Robinson v Chief constable of west Yorkshire.
Main case for BoD?
Nettleship v Weston 1971 - Learner driver to be held with same manner as a skilled and careful minded driver.
What are the 6 categories which change the standard of care for the duty.
- Defendants age.
- Defendant’s profession
- Characteristics of the claimant.
- Magnitude of risk
- Reasonable precautions
- Benefits of the risk.
Case for age?
Mullin v Richards 1998 - Sword fight with rulers.
Case for profession?
Bolam v Friern hospital management committee 1957 - Changes to OR …
Case for the Characteristics of the claimant?
Paris v Stepney borough council 1951 - One eye so should of had more care for the employee.
Case for the magnitude of risk?
Bolton v Stone - very low risk of it happening. and they did try to prevent it.
Case for procautions?
Latimer v AEC Ltd - sawdust covered floor except one tiny bit.
Case for Benefit?
Watt v Hertfordshire county council. - Need outweighs the risk.
(Daborn v Bath tramways motor co - if all trains were restricted to a speed of 5 mph, there would be fewer rail accidents , but our national life would be intolerably slowed down.)
What are the types of causation?
Factual causation - Barnett v Chelsea & Kensington 1968
Legal causation -
Multiple causes - Wilsher v Essex - Claimant gone blind 6 possibilities.
Novus actus Interveniens -
Novus actus Interveniens types and cases.
Third party act - Robinson v Post office 1974
Claimants actions - Mckew v Holland and Cubitts 1969
Natural intervention - Carslogie steamship co ltd v Royal Norwegian government.
Describe ‘Res ipsa locquitur’ and a case to go with it.
It means the facts speak for themselves and a case is:
Scott v London and St. Katherine docks co. 1865
What are the Two parts of damages?
Causation - 1
Remoteness of damage - 2
Leading case for remoteness of damage?
Wagon Mound 1961 - Sydney harbour ignite oil and set fire to the wharf.
What is the thin skull rule and what is a leading case for it?
You take your victim as you find them. Smith v leech brain and co. 1961