Negligence

Question 1

donohughe v stevenson

Answer 1

lady drinks ginger beer her friend gave her. had a decomposed snail in it. she got sick and sued.
established the 3 things needed to be proved to sue for negligence:
- duty of care
- breech
- damages

Question 2

doughty v turner manufacturing

Answer 2

asbestos lid into molten metal.
reaction occurred that had never happened before

Question 3

what case established the 3 points you need to win a negligence case

Answer 3

donoghue and stevenson

Question 4

what are the 3 things you need to prove to win a negligence case

Answer 4

duty of care owed
breach
damage suffered

Question 5

robinson v chief constable of west yorkshire police

Answer 5

2 police knocked over elder lady trying to arrest drug dealer.
held there was an “established legal principle” so no need to go through the 3 stage caparo test.
police owe civilians a duty of care.

Question 6

when is the 3 stage caparo test used

Answer 6

novel situations

Question 7

caparo v dickman

Answer 7

3 stage test for novel situations
3 things needed to establish duty of care are
foreseeability
proximity
fair, just and reasonable

Question 8

kent v griffiths

Answer 8

ambulance failed to respond to 3 calls from a doctor. pregnant lady stopped breathing, lost baby and suffered long term memory loss.
held it was foreseeable a delay would cause this damage

Question 9

bourhill v young

Answer 9

mrs b pregnant. motorcyclist over a bus and crashed and died. mrs b got off the bus walked down the road saw the accident and miscarried.
claim failed as it was not proximate in terms of time and space

Question 10

munroe v london fire brigade

Answer 10

failed to check neighbouring premises with burning debris present
in an emergency the emergency services won’t be liable for omissions only their act.

Question 11

what part of the 3 stage caparo test is kent v griffiths for

Answer 11

foreseeable

Question 12

what part of the 3 stage caparo test is doughty v turner manufacturing for

Answer 12

foreseeable

Question 13

what part of the 3 stage caparo test is bourhill v young for

Answer 13

proximity

Question 14

what part of the 3 stage caparo test is munroe v london fire brigade for

Answer 14

fair just and reasonable

Question 15

blyth v birmingham

Answer 15

introduced reasonable persons test. asks did ds actions fall below those of a reasonable person? expected to be reasonably competent at any task theyre performing.
objective

Question 16

what case introduced the reasonable persons test

Answer 16

blyth v birmingham

Question 17

nettleship v weston

Answer 17

learner driver broke instructors kneecap. not up to standard of a qualified driver. failed reasonable persons test
“his incompetent best is not good enough”

Question 18

what instances will the standard of the reasonable persons test be lowered

Answer 18

disability
age

Question 19

mullins v richards

Answer 19

15 yr olds having a ruler fight.
splinters claimant looses eye.
defendant not liable, same standard of care as a 15 yr old

Question 20

orchard v lee

Answer 20

claimant (playground supervisor) injured by a 13 yr old who was playing tag and ran into her. normal lunch activity + not banned. court said a child would have to be “careless to a very high degree” before there was a breach

Question 21

bolam v friern hospital management committee

Answer 21

following standards laid down by a professional body to a competent standard (not liable)

Question 22

who does the reasonable persons test expect higher standards from

Answer 22

professional person practicing their profession

Question 23

wells v cooper

Answer 23

standard of care imposed only that if a reasonably skilled person at what their doing. perfection not required. d was a carpenter, handle broke and injured claimant. work in like w an average carpenter so not liable

Question 24

what are 4 factors a judge will consider to decide if conduct was reasonable

Answer 24

degree of risk involved/ likelihood of injury
cost of precautions
potential seriousness of injury
importance of the activity

Question 25

case for likelihood of injury

Answer 25

bolton v stone

Question 26

case for cost of precautions

Answer 26

latimer v aec

Question 27

case for potential seriousness of injury

Answer 27

paris v stepney

Question 28

case for importance of activity

Answer 28

watt v hertfordshire