Negligence

Question 1

Introduction

Answer 1

Blyth v Birmingham Waterworks Co. (1956)
“Failing to do something which the reasonable person would do or vise versa.”
Arise from an act or omission

Question 2

Duty of care

Answer 2

Donoghue v Stevenson (1932):
“You must take reasonable care to avoid acts or omissions that you would reasonably foresee.”

Question 3

Caparo test

Answer 3

• Reasonable foreseeability: Kent v Griffiths
• Proximity: Bourhill v Young
• Fair just and reasonable: Hill v CC of West Yorkshire
  Emergency services should still be liable

Question 4

Breach of duty

Answer 4

Objective standard: Wells v Cooper
Characteristics of D can change standard:
*professionals: Bolam v Friern
* children: Mullins v Richards
* learners: Nettleship v Weston

Question 5

Breach of duty: risk factors

Answer 5

• Special characteristics of C: Paris v Stepney
• Size of risk: Bolton v Stone
• Taking precautions: Latimer v AEC
• Unknown risks: Roe v MOH
• Emergency situations: Watt v Hertfordshire County Council

Question 6

Causation

Answer 6

Breach of duty must have caused to damage to the claimant.

Question 7

Factual causation

Answer 7

Barnett v Chelsea

Question 8

Legal Causation

Answer 8

*Remoteness of damage: The Wagon Mound
* Type of harm to be foreseeable: Bradford v Robinson Rentals
*Thin skull rule: Smith v Leech Brain