NEGLIGENCE Flashcards
1
Q
negligence described…
A
- in Blyth v Birmingham Waterworks Co (1856)
2
Q
under the case of
A
- Robinson v Chief Constable of WY
- pre-existing duty between policeman and public
3
Q
driver/other road user
A
nettleship v weston
4
Q
doctor/patient
A
- whitehouse v jordan
5
Q
employer/employee
A
- walker v northumberland cc
6
Q
lawyer/patient
A
hall v simons
7
Q
novel situation
A
- caparo v dickman
8
Q
CAPARO
1.
A
- harm/injury reasonably foreseeable
- kent v griffiths
9
Q
CAPARO
2.
A
- proximity between C and D
- time, space, or relationship (bourhill v young)
10
Q
CAPARO
3.
A
- fair, just, and reasonable to impose a duty
- mulachy v MOD
11
Q
BREACH OF DUTY
reasonable man test
A
- ordinary and competent person act the same as D/ did not do
- BLYTH V BIRMINGHAM WATERWORKS CO
12
Q
BREACH OF DUTY
ordinary person
A
- WELLS V COOPER
- judged to the standard of an ordinary person performing the task
13
Q
BREACH OF DUTY
professional
A
- judged by the standard of the profession as a whole
- BOLAM V FRIERN HOSPITAL
14
Q
BREACH OF DUTY
child
A
- judged to the standard of the reasonable person of D’s age at the time of the incident
- MULLINS V RICHARDS
15
Q
BREACH OF DUTY
learner
A
- judged to the standard of a competent and more experienced person
- NETTLESHIP V WESTON
16
Q
RISK FACTORS
has claimant
A
- any special characteristics
- PARIS V STEPNEY
17
Q
RISK FACTORS
likelihood
A
- of harm/size of risk
- BOLTON V STONE
18
Q
RISK FACTORS
appropriate
A
- precautions been made
- LATIMER V AEC
19
Q
RISK FACTORS
social utility
A
- in an emergency, greater risks can be taken
- WATTS V HERTS CC
20
Q
DAMAGE - FACTUAL CAUSATION
1.
A
- act of c
- MCKEW V HOLLAND
21
Q
DAMAGE - FACTUAL CAUSATION
2.
A
- act of nature
- CARSLOGIE STEAMSHIP V RNG
22
Q
DAMAGE - FACTUAL CAUSATION
3.
A
- act of a 3rd party
- KNIGHTLY V JOHNS
23
Q
DAMAGE - LEGAL CAUSATION
define
A
- damage is reasonably foreseeable and not too remote
24
Q
DAMAGE - LEGAL CAUSATION
1.
A
- type of damage caused
- BRADFORD V ROBINSON RENTALS
25
Q
DAMAGE - LEGAL CAUSATION
2.
A
- sequence of events
- HUGHES V LORD ADVOCATE
26
Q
DAMAGE - LEGAL CAUSATION
3.
A
egg-shell skull rule
SMITH V LEECH BRAINS
27
Q
DEFENCES
consent
A
- consent volti
- c knows there is a risk of d acting negligently and freely consents
- MORRIS V MURRAY
28
Q
REMEDIES
general damages
A
- pecuniary loss - future loss of earnings/ medical expenses
- non-pecuniary loss - pain and suffering, loss of amenity, bereavement
29
Q
A
