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Law- Paper 2 section B > Negligence > Flashcards

Negligence Flashcards

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1
Q

What is the 3 part test for negligence

A

Duty, breach and damage

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2
Q

What case was the duty of care established in for negligence

A

Donoghue v Stevenson

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3
Q

What principle did Donoghue v Stevenson establish

A

The neighbour principle

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4
Q

What did lord Atkin define as neighbour

A

Persons so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when directing my mind to the acts or omissions which are called into question

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5
Q

What are the two ways of establishing a duty of care

A

Pre existing duty or through the Caparo test

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6
Q

What case do you use for the pre-existing duty of drivers to road users and passengers

A

Nettleship v Weston

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7
Q

What case do you use for the pre-existing duty of doctor to patient

A

Whitehouse v Jordon

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8
Q

What case do you use for the pre-existing duty of sportsmen to one another

A

Condon v Basi

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9
Q

What case do you use for the pre-existing duty of employer to their employees

A

Walker v Northumberland CC

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10
Q

What case do you use for the pre-existing duty of policemen to the public

A

Robinson

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11
Q

What case do you use for the pre-existing duty of lawyers to a client

A

Hall v Simons

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12
Q

What case do you use for the pre-existing duty of public body to the public

A

Clunis v Camden and Islington

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13
Q

What case do you use for the pre-existing duty of the judiciary to the public

A

Sirros v Moore

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14
Q

What case do you use for the pre-existing duty of aa fire brigade to the public

A

Capital & counties v Hampshire CC

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15
Q

What are the three elements in the caparo test

A

Reasonable foreseeable, proximity and fair, just and reasonable

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16
Q

What is the definition of reasonably foreseeable

A

The harm or damage cause is reasonably foreseeable

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17
Q

What is the objective test for foreseeability in the caparo test

A

The judge must decide whether or not the reasonable man would have foreseen the harm that occurred

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18
Q

What case would you use for foreseeability in the caparo test in negligence

A

Kent v Griffiths

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19
Q

What is meant by proximity in the caparo test in negligence

A

Their is a closeness in relationship or time and space between the 2 parties

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20
Q

What is meant by relationship under proximity in the caparo test in negligence

A

They parties know each other personally

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21
Q

What is meant by time and space under proximity in the caparo test in negligence

A

They were at the same place at the same time

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22
Q

What case would you use for proximity in the caparo test in negligence

A

Bourhill v Young

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23
Q

What is the definition of fair just and reasonable in the caparo test in negligence

A

It is fair, just and reasonable to impose a duty of care on the defendant and there is no public policy reasons to not hold D liable

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24
Q

What case would you use for fair, just and reasonable It is fair, just in the caparo test in negligence

A

Mulchany v MoD

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25
Q

What is the reasonable man test

A

An object test that decides whether the victims actions were reasonable

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26
Q

Who is the reasonable man

A

An ordinary man performing the task competently

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27
Q

What case do you use for the reasonable man test in negligence

A

Blyth v Birmingham waterworks

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28
Q

Who are there no allowances for for breach of duty in negligence

A

Inexperienced people

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29
Q

What case states that allowances are not given to those with no experience for breach of duty in negligence

A

Nettleship v Weston

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30
Q

Who are there allowances for in breach of duty in negligence

A

Children

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31
Q

What case states that children are given allowances in breach of duty in negligence

A

Mullins v Richards

32
Q

What will professionals be judges against in breach of duty in negligence

A

The standard of a reasonable competent professional in that field

33
Q

What case would you use for the standard of a professional in breach of duty in negligence

A

Bolam v Friern

34
Q

What are the 4 factors considered when deciding the standard of care expected in circumstances

A

Social utility, likelihood of harm, seriousness of consequences and cost of reasonable precautions

35
Q

What is the definition of likelihood of harm in breach of duty in negligence

A

The more likely the harm is to occur, the greater care is expected from the D

36
Q

What case supports likelihood of harm in breach of duty in negligence

A

Bolton v Stone

37
Q

What is the definition of seriousness of consequences

A

If a serious injury is foreseeable a higher standard of care from the D is expected

38
Q

What case would you use for seriousness of consequences in breach of duty in negligence

A

Paris v Stepney

39
Q

What is the definition of cost of reasonable precautions

A

The lower the cost of reasonable precautions, the higher the expectation of precaution is

40
Q

What case would you use for cost of reasonable precautions in breach of duty in negligence

A

Latimer

41
Q

What is the definition of social utility in breach of duty in negligence

A

If what D is doing is valuable to society then he may not be held in breach of his duty

42
Q

What case would you use for social utility in breach of duty in negligence

A

Watts v Herts

43
Q

What is the definition of damage in negligence

A

C must prove that the damage suffered was caused by a breach of duty and that loss or damage is not too remote

44
Q

What tests must you go through for damage in negligence

A

Factual and legal causation

45
Q

What case do you use for factual causation in negligence

A

Barnett v Kensington Chelsea Hospital

46
Q

What must also be proven under legal causation for damage in negligence

A

The damage is not too remote

47
Q

What case do you use for legal causation in negligence

A

Wagon mound 1

48
Q

What are the three situations in which legal causation can be satisfied even if it is not entirely foreseeable

A

Type of damage, sequence of events and thin skull rule

49
Q

What is meant by type of damage caused in damage in negligence

A

The general type of damage caused is reasonably foreseeable then it does not matter if the precise damage is not

50
Q

What case would you use for type of damage caused in damage in negligence

A

Bradford v Robinson Rentals

51
Q

What is the definition of sequence of events in damage in negligence

A

If the type of damage that results from C’s breach of duty is reasonably foreseeable, it does not matter if the exact sequence of events leading to the damage is not

52
Q

What case would you use for sequence of events in damage in negligence

A

Hughes v lord advocate

53
Q

What is the definition of the thin skull rule in damage in negligence

A

As long as some damage is foreseeable, will be liable for the full extent, even if it is not fully foreseen

54
Q

What case would you use for thin skull rule in damage in negligence

A

Smith v Leech brain

55
Q

What are the 2 defences you can use for negligence

A

Contributory negligence and consent

56
Q

What type defence is contributory negligence in negligence

A

Partial

57
Q

What is the definition of contributory negligence in negligence

A

The claimants own behaviour fell below the standard expected and contributed to their loss

58
Q

What are the two situations in which contributory negligence can be used in negligence

A

Cs partly to blame for the accident or if the C made their injuries worse then they should have been

59
Q

What case would you use when C is partly to blame for the accident happening in contributory negligence for negligence

A

Brannon v Airtours

60
Q

What case would you use for C making their injuries worse then they should have been in contributory negligence in negligence

A

Froom and butcher

61
Q

What is the definition of consent as a defence in negligence

A

C knows there is a risk of D acting negligently and freely consents to that risk

62
Q

What case would you use for consent in negligence

A

Morris v Murray

63
Q

What happens if consent is not freely given in negligence

A

The defence will fail

64
Q

What case would you use for the claimant not freely giving consent in negligence

A

Smith v Baker

65
Q

What is the most common remedy and is known as C paying money to D as compensation

A

Damages

66
Q

What are the two types of damages in negligence

A

Special and general

67
Q

What are special damages within negligence

A

Things that can be specifically calculated as they refer to expenses that occurred between the incident and judgement e.g. loss of earnings

68
Q

What are general damages under negligence

A

Things that cannot be precisely quantified for example pain and suffering and future loss of earnings

69
Q

What are the 2 categories under general damages for negligence

A

Pecuniary and non pecuniary losses

70
Q

What are pecuniary losses in negligence

A

Financial losses for future things such as medical expenses and loss of earnings

71
Q

What are non pecuniary losses under negligence

A

Losses that are not quantifiable in terms of money e.g. pain and suffering, loss of amenity and bereavement

72
Q

What is bereavement under non pecuniary losses in negligence

A

Parents can claim for the loss of their child under 18, or a spouse for the loss of a partner

73
Q

What act does bereavement fall under for non pecuniary losses in negligence

A

Administration of justice act 1976

74
Q

How can damages be paid in negligence

A

Lump sum or structured payments at set intervals for a set period of time

75
Q

What act would you use for structured settlements for negligence

A

Damages act 1996

76
Q

What is meant by C is under a duty to mitigate his losses

A

He must keep the losses to a reasonable level where possible

Law- Paper 2 section B (6 decks)

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