Negligence Flashcards
What are the three elements of negligence?
Duty of care
Breach of duty
Resulting damage
What are the two tests for duty of care?
Robinson - established duties
Caparo - novel situations
What are the three elements of the Camaro test?
Reasonably foreseeable
Legal Proximity
Just fair and reasonable
Kent v Griffiths
Reasonably foreseeable
King v Philips
Legal Proximity
Hill v Chief Constable of West Yorkshire Police
Just fair and reasonable
What are the different standard of care?
General standard
Professional
Learner/Trainee
Child
Nettleship v Weston
Learner/Trainee
Mullins v Richards
Child
Bollam
Professional Standard
What are the four breach of duty risk factors?
Likelihood of harm
Seriousness of potential harm
Practicality and cost of taking precautions
Public benefit
Bolton v Stone
Likelihood of harm
Paris v Stepney BC
Seriousness of potential harm
Latimer v AEC
Practicality and cost of taking precautions
What are the two resulting damage tests?
Factual and legal causation
What is the test for factual causation
“but for” test
What is the test for legal causation
Reasonably foreseeable and not too remote
Barnet v Chelsea Hospital applies to what?
Factual causation
The Wagon Mound applies to what?
Legal Causation
The definition of the thin skull rule
Take your victim as you find them
Smith v Leech Brain applies to what?
Thin skull rule
