Negligence Flashcards
Negligence
an act/failure to act which causes loss (damage/injury) to another person or their property
no written agreement
What case is negligence defined in
Blyth v Birmingham Waterworks Co. 1856 ‘failing to do something which the reasonable person would or wouldn’t do’
Omission
failure to do something when there is a duty of care
Foreseeable
knowingly avoidable
Duty of care
legal relationship must be established where a duty of care exists on the part of the defendant
Donoghue v Stevenson
‘Neighbour Principle’
Donoghue v Stenson established this and that the person is owed a duty of care by the defendant
The Caparo Test (used until 2018)
used for novel cases
- was damage/harm reasonably foreseeable
- is there a proximate relationship between D and C
- is it fair, just and reasonable to impose a duty
(police couldn’t be sued for negligence before)
Problem of part of Caparo
fair, just and reasonable to impose duty couldn’t be applied to police (chief constable)
Since 2018 - Robinson v Chief Constable
can sue anyone for negligence but the Caparo test is only used in a novel (unusual) situation
no standard test anymore, each case is trialed on the events
Novel situation/ case
rare or unusual situation
Law now on duty of care - legal principle
Caparo test doesn’t need to be strictly applied in every case, courts must look at existing statutes (police aren’t exempt)
Damages
compensation
Damage
whatever has happened to property that has suffered negligence
- legal test of a loss to the claimant from a breach of duty
Proximity of relationship described in
Bourhill v Young (could open floodgates to unlimited no. of claims)
Proximity of relationship differs in
McLoughlin v O’Brien