Negligence

Question 1

Robinson

Answer 1

Apply Caparo three-stage test

Question 2

Is damage of harm reasonably forseeable

Answer 2

Donoghue v Stevenson

Question 3

Bourhill V Young

Answer 3

Proximity, space, time or relationship

Question 4

Hill v CC West Yorkshire

Answer 4

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

Question 5

Blyth

Answer 5

Breach of duty, “fails to do something the reasonable person would do or the reasonable person would not do”

Question 6

Professionals

Answer 6

Bolam

Question 7

Nettleship v Western

Answer 7

Learners

Question 8

Mullin V Richards

Answer 8

Children

Question 9

Risk factors

Answer 9

Size of risk - Bolton V Stone
Special characteristics - Paris v Stephney
Appropriate precautions - Latimer
Unknown risks - Rowe v Minister of Health
Public benefit - Watt v Hertfordshire CC

Question 10

Damage caused

Answer 10

Consider factual cause / Barnett

Legal remoteness test was the damage reasonably foreseeable / The Wagon Mound Hughes v Lord Advocate

Thin skull rule / Smith V Leech brain, take victim as you find them