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A2 Law - RD > Negligence > Flashcards

Negligence Flashcards

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1
Q

How we establish a duty of care in law?

A

Pre- existing duty or for novel situations - Caparo test (Caparo v Dickman)

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2
Q

Authority for pre existing duties

A

Robinson

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3
Q

Pre existing duties

A

Drivers/ other road users (Nettleship v Weston)
Police/ public (Robinson)
Doctor/ patient (Whitehouse v Jordan)
Sportsman/ sportsman (Condon v Basi)
Employer/ employee (Walker v Northumberland CC)
Lawyer/ client (Hall v Simons)
Public body/ public (Clunis v Camden & Islington)
Judiciary/ public (Sirros v Moore)
Fire brigade/ public (Capital Counties v Hampshire CC)

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4
Q

Caparo test

A

Harm/ injury was reasonably forseeable (Kent v Griffiths)

Proximity between C and D - time, space/ relationship (Bourhill v Young)

Fair, just and reasonable and no public policy reasons not to hold D liable (Mulcahy v MOD)

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5
Q

Test for negligence

A

Duty, breach and damage

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6
Q

Test for breach of duty

A

The reasonable man test - ordinary and competent person acted the same as the D did/ did not act (Blythe v Birmingham Waterworks).

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7
Q

Types of ordinary person

A

Ordinary person (Wells v Cooper)

Reasonable child (Mullins v Richards)

Reasonable professional (Bolam v Frien Hospital)

No allowances made for inexperience (Nettleship v Weston)

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8
Q

Risk factors for breach

A

Likelihood of harm/ size of risk (Bolton v Stone)

Characteristics of C (Paris v Stepney)

Cost of practical precautions (Latimer v AEC)

Social utility/ benefit (Watts v Herts CC)

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9
Q

Test for damage

A

Factual and legal causation

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10
Q

Test for factual causation

A

‘But for’ test: but for D’s breach the C would not have suffered damage.

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11
Q

Case for factual causation

A

Barnett v Chelsea Hospital

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12
Q

Test for legal causation

A

Damage must be reasonably forseeable and not too remote.

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13
Q

Case for legal causation

A

The Wagon Mound No 1

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14
Q

Situations where harm is not reasonably forseeable but D may still be liable

A

Type of damage caused (Bradford v Robinson Rentals)

Sequence of events (Hughes v Lord Advocate)

Thin skull rule (R v Blaue)

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15
Q

Thin skill rule

A

The D must take their C as they find them (R v Blaue) and D may be liable for the full extent of C’s damage.

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16
Q

Defences for negligence

A

Contributory negligence and consent

17
Q

Which is the partial defence?

A

Contributory negligence

18
Q

What does the partial defence do?

A

Reduce C’s damages

19
Q

Which is the full/ complete defence?

A

Consent

20
Q

What does this full defence do?

A

Remove D’s liability completely and C is not awarded any damages.

21
Q

Test for consent

A

C knows risk and freely consents to that risk (Morris v Murray)

22
Q

When will consent fail?

A

When content not freely given (Smith v Baker) and where C felt like they had a moral obligation (Haynes v Harwood)

23
Q

What Act of parliament do we use for contributory negligence?

A

The Law Reform (Contributory Neglignce) Act 1945

24
Q

When does contributory negligence apply?

A

When C’s own behaviour has fallen the standard expected of the reasonable man and C contributed to their own loss.

25
Q

C must have either (for contributory negligence)

A

Contributed to the accident (Brannon v Airtours)

C made their own injuries worse (Froom v Butcher)

26
Q

Main remedy for negligence

A

Damages

27
Q

Types of damages

A

Special damages

General damages

28
Q

Special damages

A

Can be precisely calculated - financial loss/ property loss calculated from the accident up until the trial

29
Q

General damages

A

Cannot be precisely calculated

30
Q

Other types of losses

A

Pecuniary and non- pecuniary loss

31
Q

Pecuniary losses

A

Future loss of earnings and medical expenses

32
Q

Non- pecuniary losses

A

Pain and suffering, loss of amenity, bereavement

33
Q

What is the C under a duty to do to their losses?

A

Duty to mitigate losses (keep them to a minimum) (Motorways v Alwahbi)

34
Q

How are the damages paid?

A

Lump sum or a structured settlement

35
Q

Act of parliament for damages

A

The Damages Act 1996

A2 Law - RD (18 decks)

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