negligence Flashcards
what needs to be proven to succeed a negligence claim
c needs to prove on the balance of probabilities that D owed them a duty of care that they’re in breach of that duty and the damage suffered was caused by the beach
What is the first stage of negligence?
Duty of care
robinson v ccwy
The court can assume a duty exist, if there is existing president or statutory authority covering, stating it does
If Robinson does not apply, what will be used?
The three part test from caparo v dickman
what does the caparo test ask
whether the damage was reasonably foreseeable as a result of the defendants careless conduct, kent v griffths
whether the defendant is approximate to the claimant due to a relationship be a time and space,
bourhill v young
and finally, whether it is fair, just reasonable to say a duty should exist
hill v cc wy
kent v griffths
Damage was reasonably foreseeable as a result of the defendants, careless conduct
bourhill and young
whether the defendant is approximate to the claimant due to a relationship or via time and space
hill v cc wy
whether it is fair just in reasonable to say a duty should exist
how would it be decided, if there has been a breach in duty?
case
their conduct will be compared to the reasonable person
blyth v bww
What are professionals compared to?
and name of test
reasonably competent body fellow professionals with that skill
bolam test
What are children compared to according to Mullen V. Richards?
The recently competent child of the same age and gender
Is the test objective or subjective?
objective
What are the factors that the court consider to see if d has fallen below the standard? x5
size of the risk bolton v stone
precautions taken lamiter
knowledge of the risk roe v moh
special characteristics paris v stephany
social utility watt v hcc
it must be decided if the breach was the factual cause of the damage. What is the test for this and what is the case?
but for test
barnett v chelsea
intervening acts
case
mckew v holland
