Negligence Flashcards
What does the case Robinson V CC of WY say?
Use this case if the duty is well established
What does the case Wilsher V Essex?
That well established duty is medically practitioner and patient
What does the case Nettleship V Weston say?
Well established duty when vehicle user and other road users
What does the case Robinson V CCWY say?
Well established duty when police and other HM services
What does the case Donoghue V Stevenson say?
Well established duty when manufacturer and customers
What test do you use when the duty isn’t well established?
Caparo test
What case do you use for the Caparo test?
Caparo V Dickman
What is the first part of the Caparo test?
Was the damage or harm reasonably foreseeable?
What is the second part of Caparo test?
Were D and C proximate?
What is the third part of Caparo test?
Is it fair, just and reasonable to impose a duty?
What does the case Kent V Griffiths define?
Part 1 of Caparo test - was the damage or harm reasonably foreseeable
What does the case Bourhill V Young define?
Part 2 of Caparo test - proximity of relationship
What does the case Hill V CC of WY define?
Part 3 of Caparo test - is it fair, just and reasonable to impose a duty
What is stage 2 of negligence?
Breach of duty
What does the case Blyth V Birmingham Waterworks say?
Breach of duty is reasonable person test
What does the case Mullin V Richards say?
Use when a child is present - reasonable child of same age test
What does the case Bolam V Friern HMC say?
Use when competent body of fellow professionals
What does the case Bolitho V CHA say?
The decision must be logical
What does the case Nettleship V Weston say?
No allowances for inexperience
What do the risk factors do?
Determine the standard of care that should have been given
What does the case Bolton V Stone say about risk factors?
Size of the risk
What does the case Latimer V AEC Ltd say about risk factors?
Appropriate precautions
What does the case Roe V MOH say about risk factors?
Known risks
What does the case Paris V Stepney say about risk factors?
Specially characteristics of the claimant
