negligence Flashcards

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1
Q

C may have an action against D in the

A

tort of negligence

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2
Q

C must prove that on the balance of probabilities D owned them a

A

duty of care D breached that duty and C’s damage was caused by the breach and was not too remote from it

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3
Q

Duty of care was first defined in

A

DONOGHUE v STEVENSON as you should avoid acts or omissions which you can reasonably foresee are likely to injure your neighbour

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4
Q

In CAPARO v DICKMAN a more restrictive 3 part test was established

A

D must show foresight Kent v Griffiths proximity Bourhill v Young Watson v BBBC and that it is fair just and reasonable to impose the duty Mitchell v Glasgow CC, Hill v CCWY. The Caparo rules should only be used in a novel case without and existing precedent

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5
Q

what case confirmed that there was no single definitive test for duty of care

A

2018 case of Robinson v Chief constable of west yorkshire police

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6
Q

in the first instance the court will look to apply an

A

existing precedent or statutory authority e.g Road Traffic act 1988

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7
Q

who specifically mentioned some cases where the caparo rules are not needed

A

Lord reed specifically mentioned some cases where the caparo rules are not needed hospital to patient Darnely v Croydon NHS trust motorist to other road user Sumner v Colborne and others. manufacter to consumer and employer to employee

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