negligence Flashcards
what must c prove to show that d owed a duty of care,they are in breech and the damage they suffered caused breech
balance of probabilities
stage 1
duty of care
Robinson v ccwy shows the court can assume that …
the court can assume a duty exists if an existing precedent or statutory authority covering stating it does
what is camparo dickman
3 part test
reasonable person foreseen harm
proximate
fair just and reasonable to impose a duty
when do u use robinson
if there is already a well established duty
when do you use caparo
if it is a novel situation
reasonable person would’ve forseen harm occurring case
kent v griffith
proximate in physical time and space or relationship case
Bourhill v young
is it fair just and reasonable to impose duty case
hill v ccwy
stage 2
breach
conduct must be compared to the reasonable person case
Blyth v BWW
what are professionals compared to w case
the reasonably competent body of fellow professionals with that skill -bolam v fiern
competent professional case
bolam v fiern
children are compared to the reasonably competent child of the same age and gender case
mullins v richards
no allowances for inexperience case
nettleship v weston
other risk factors considered (5)
special characteristics
size of risk
appropriate precautions
known risk
social utility
special characteristics case
paris v stephney
size of risk case
bolton v stone
precautions case
lamiter v AEC
known risk case
Roe v MOH
social utilities case
Watt v HCC
stage 3
damages
must discover the factual cause of damages with the but for test what’s the case
barnett v chelsea
intervening acts case
mckew v holland
third party
knightley v johns
natural event
carsolgie
must be RF case
wagon and mound
does specific damage need to be RF
no
D can be liable if damage is more serious or happens in an unexpected way case
Bradford v robinson rentals
eggshell rule def and case
smith v leech brain and pre-existing conditions making them more susceptible to harm
