Negligence Flashcards
What must you prove for negligence?
- D. owed C. a duty of care
- Which they breached
- And caused C. harm as a result
What is the neighbour principle?
Lord Atkin in Donoghue v Stevenson - established DoC, avoid acts/omissions that would foreseeably harm your neighbour
Lord Atkin in Donoghue v Stevenson
Established DoC, avoid acts/omissions that would foreseeably harm your neighbour
Caparo v Dickman
Prove DoC - was the damage reasonably foreseeable
was the relationship sufficiently proximate
is it fair just and reasonable to impose a duty of care
Which cases are used to prove a DoC?
Caparo v Dickman
Robinson
When is Caparo not used?
Non-novel situation - Robinson overruled
DoC is breached when…
D. fails to reach the objective standard of care
Nettleship v Weston
Learners/inexperienced judged as fully qualified
Mullin v Richards
Children not judged as adults
Bolam
Professionals must be supported by a substantial body of their profession and not fall below standards of an ordinary competent professional
Professionals
Children
Learners
Bolam
Mullin v Richards
Nettleship v Weston
Risk is unknown/not visible
Emergency
Risk factors
Roe v Minister of Health
Watt v Hertfordshire County Council
Paris v Stephney Borough Council
Roe v Minister of Health
Risk is unknown/not visible so therefore not reasonably foreseeable
Watt v Hertfordshire County Council
Lower standard if acting in an emergency/for the benefit of others
Paris v Stephney Borough Council
Standard of care expected can be increased/decreased by risk factors
