Negligence

Question 1

what is the definition of negligence?

Answer 1

The omission to do something that a reasonable man would do or something which a prudent and reasonable man would not do

Question 2

what case first defined Negligence?

Answer 2

Blyth v Birmingham waterworks

Question 3

who defined duty of cares neighbour principle?

Answer 3

Lord Atkinson

Question 4

what is the neighbour principle

Answer 4

Duty to take reasonable care to avoid acts or omissions that may harm your neighbour

Question 5

What is considered a neighbour?

Answer 5

Someone who is closely affected by your actions

Question 6

What rule can you use to establish duty of care?

Answer 6

Robinson

Question 7

when do you use the Robinson rule?

Answer 7

In established situations

Question 8

What is an established case?

Answer 8

Donaghue v Stevenson

Question 9

What is a case for road user against a paedestrian?

Answer 9

Kent V Griffins

Question 10

what rule is used for novel situations?

Answer 10

Caparo v Dickman

Question 11

What are the three requirements to satisfy Caparo v Dickman?

Answer 11

1. Were the consequences reasonably foreseeable (DvS)
2. Was there sufficient proximity in time, space or relationship? (Bournhill v Young)
3. Is it fair, just and reasonable to impose liability? (MPC v Reeves)

Question 12

What test do we use to prove breach of duty?

Answer 12

The reasonable man test

Question 13

what case was the reasonable man test set out in?

Answer 13

BLYTH v BIRMINGHAM WATERWORKS

Question 14

What is the reasonable man test?

Answer 14

Those who fall below the standards of a reasonable person, doing the same task, will have breached their duty.

Question 15

What is the objective test for breach of duty?

Answer 15

The man on the Clapham omnibus

Question 16

When deciding breach what six things will the court look at?

Answer 16

1. Foreseeability of harm (Roe v minister of health)
2. Magnitude/size of risk (Bolton v Stone)
3. Special characteristics of C (Paris v Stepney)
4. Precautions taken (Latimer)
5. Experience/learners (Nettleship)
6. Benefit of taking the risk
   (Watt)

Question 17

What do we prove harm/damages through?

Answer 17

Causation

Question 18

what is the test for causation? (harm/damages)

Answer 18

the ‘but for’ test

Question 19

what is the case for the but for test?

Answer 19

Barnett

Question 20

What is another possible rule you may have to use?

Answer 20

Thin skull rule

Question 21

What is a case for the thin skull rule?

Answer 21

Smith V Leech brain

Question 22

What do you have to prove for remoteness?

Answer 22

that the damage was too remote

Question 23

what is a case for remoteness?

Answer 23

Wagon mound

Question 24

In compensation what are the two types of damages?

Answer 24

1. Special
2. General

Question 25

what are special damages?

Answer 25

damages that are calculated up to the date of trial or settlement (repairing a vehicle)

Question 26

What are general damages?

Answer 26

Damages for the effct of injury (pain and suffering)

Question 27

what is a claimant under a duty to do? (compensation)

Answer 27

mitigation of loss