Negligence

Question 1

What does the case Robinson V CC of WY say?

Answer 1

Use this case if the duty is well established

Question 2

What does the case Wilsher V Essex?

Answer 2

That well established duty is medically practitioner and patient

Question 3

What does the case Nettleship V Weston say?

Answer 3

Well established duty when vehicle user and other road users

Question 4

What does the case Robinson V CCWY say?

Answer 4

Well established duty when police and other HM services

Question 5

What does the case Donoghue V Stevenson say?

Answer 5

Well established duty when manufacturer and customers

Question 6

What test do you use when the duty isn’t well established?

Answer 6

Caparo test

Question 7

What case do you use for the Caparo test?

Answer 7

Caparo V Dickman

Question 8

What is the first part of the Caparo test?

Answer 8

Was the damage or harm reasonably foreseeable?

Question 9

What is the second part of Caparo test?

Answer 9

Were D and C proximate?

Question 10

What is the third part of Caparo test?

Answer 10

Is it fair, just and reasonable to impose a duty?

Question 11

What does the case Kent V Griffiths define?

Answer 11

Part 1 of Caparo test - was the damage or harm reasonably foreseeable

Question 12

What does the case Bourhill V Young define?

Answer 12

Part 2 of Caparo test - proximity of relationship

Question 13

What does the case Hill V CC of WY define?

Answer 13

Part 3 of Caparo test - is it fair, just and reasonable to impose a duty

Question 14

What is stage 2 of negligence?

Answer 14

Breach of duty

Question 15

What does the case Blyth V Birmingham Waterworks say?

Answer 15

Breach of duty is reasonable person test

Question 16

What does the case Mullin V Richards say?

Answer 16

Use when a child is present - reasonable child of same age test

Question 17

What does the case Bolam V Friern HMC say?

Answer 17

Use when competent body of fellow professionals

Question 18

What does the case Bolitho V CHA say?

Answer 18

The decision must be logical

Question 19

What does the case Nettleship V Weston say?

Answer 19

No allowances for inexperience

Question 20

What do the risk factors do?

Answer 20

Determine the standard of care that should have been given

Question 21

What does the case Bolton V Stone say about risk factors?

Answer 21

Size of the risk

Question 22

What does the case Latimer V AEC Ltd say about risk factors?

Answer 22

Appropriate precautions

Question 23

What does the case Roe V MOH say about risk factors?

Answer 23

Known risks

Question 24

What does the case Paris V Stepney say about risk factors?

Answer 24

Specially characteristics of the claimant

Question 25

What does the case Watt V HCC say about risk factors?

Answer 25

Social utility

Question 26

What case do you use in medical cases when the patient isn’t told about all the risks?

Answer 26

Montgomery

Question 27

What is stage 3 of negligence?

Answer 27

Damage

Question 28

What is the first part of stage 3?

Answer 28

Causation

Question 29

What does the case Barnett V Chelsea represent?

Answer 29

But for test

Question 30

What does the case McKew V Holland represent in the intervening acts?

Answer 30

Intervening acts of the claimant

Question 31

What does the case Knightley V Johns represent in intervening acts?

Answer 31

Intervening acts of a 3rd party

Question 32

What does the case Carslogie represent in intervening acts?

Answer 32

Intervening acts of a natural event

Question 33

What is the second part of damage?

Answer 33

Remoteness of damage

Question 34

What case represents remoteness of damage?

Answer 34

The Wagon Mound

Question 35

What does the case Bradford V Robinson Rentals say about remoteness of damage?

Answer 35

It is irrelevant if more serious or happened in unexpected way, as long as general type is reasonably foreseeable

Question 36

What is the third part of damage?

Answer 36

Eggshell skull rule

Question 37

What does the case Smith V Leech Brain and Co say about eggshell skull rule?

Answer 37

D is still liable if damage is more serious because C had a pre-existing condition