Negligence Flashcards
What is the 3 part test for negligence
Duty, breach and damage
What case was the duty of care established in for negligence
Donoghue v Stevenson
What principle did Donoghue v Stevenson establish
The neighbour principle
What did lord Atkin define as neighbour
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
What are the two ways of establishing a duty of care
Pre existing duty or through the Caparo test
What case do you use for the pre-existing duty of drivers to road users and passengers
Nettleship v Weston
What case do you use for the pre-existing duty of doctor to patient
Whitehouse v Jordon
What case do you use for the pre-existing duty of sportsmen to one another
Condon v Basi
What case do you use for the pre-existing duty of employer to their employees
Walker v Northumberland CC
What case do you use for the pre-existing duty of policemen to the public
Robinson
What case do you use for the pre-existing duty of lawyers to a client
Hall v Simons
What case do you use for the pre-existing duty of public body to the public
Clunis v Camden and Islington
What case do you use for the pre-existing duty of the judiciary to the public
Sirros v Moore
What case do you use for the pre-existing duty of aa fire brigade to the public
Capital & counties v Hampshire CC
What are the three elements in the caparo test
Reasonable foreseeable, proximity and fair, just and reasonable
What is the definition of reasonably foreseeable
The harm or damage cause is reasonably foreseeable
What is the objective test for foreseeability in the caparo test
The judge must decide whether or not the reasonable man would have foreseen the harm that occurred
What case would you use for foreseeability in the caparo test in negligence
Kent v Griffiths
What is meant by proximity in the caparo test in negligence
Their is a closeness in relationship or time and space between the 2 parties
What is meant by relationship under proximity in the caparo test in negligence
They parties know each other personally
What is meant by time and space under proximity in the caparo test in negligence
They were at the same place at the same time
What case would you use for proximity in the caparo test in negligence
Bourhill v Young
What is the definition of fair just and reasonable in the caparo test in negligence
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
What case would you use for fair, just and reasonable It is fair, just in the caparo test in negligence
Mulchany v MoD
What is the reasonable man test
An object test that decides whether the victims actions were reasonable
Who is the reasonable man
An ordinary man performing the task competently
What case do you use for the reasonable man test in negligence
Blyth v Birmingham waterworks
Who are there no allowances for for breach of duty in negligence
Inexperienced people
What case states that allowances are not given to those with no experience for breach of duty in negligence
Nettleship v Weston
Who are there allowances for in breach of duty in negligence
Children
What case states that children are given allowances in breach of duty in negligence
Mullins v Richards
What will professionals be judges against in breach of duty in negligence
The standard of a reasonable competent professional in that field
What case would you use for the standard of a professional in breach of duty in negligence
Bolam v Friern
What are the 4 factors considered when deciding the standard of care expected in circumstances
Social utility, likelihood of harm, seriousness of consequences and cost of reasonable precautions
What is the definition of likelihood of harm in breach of duty in negligence
The more likely the harm is to occur, the greater care is expected from the D
What case supports likelihood of harm in breach of duty in negligence
Bolton v Stone
What is the definition of seriousness of consequences
If a serious injury is foreseeable a higher standard of care from the D is expected
What case would you use for seriousness of consequences in breach of duty in negligence
Paris v Stepney
What is the definition of cost of reasonable precautions
The lower the cost of reasonable precautions, the higher the expectation of precaution is
What case would you use for cost of reasonable precautions in breach of duty in negligence
Latimer
What is the definition of social utility in breach of duty in negligence
If what D is doing is valuable to society then he may not be held in breach of his duty
What case would you use for social utility in breach of duty in negligence
Watts v Herts
What is the definition of damage in negligence
C must prove that the damage suffered was caused by a breach of duty and that loss or damage is not too remote
What tests must you go through for damage in negligence
Factual and legal causation
What case do you use for factual causation in negligence
Barnett v Kensington Chelsea Hospital
What must also be proven under legal causation for damage in negligence
The damage is not too remote
What case do you use for legal causation in negligence
Wagon mound 1
What are the three situations in which legal causation can be satisfied even if it is not entirely foreseeable
Type of damage, sequence of events and thin skull rule
What is meant by type of damage caused in damage in negligence
The general type of damage caused is reasonably foreseeable then it does not matter if the precise damage is not
What case would you use for type of damage caused in damage in negligence
Bradford v Robinson Rentals
What is the definition of sequence of events in damage in negligence
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
What case would you use for sequence of events in damage in negligence
Hughes v lord advocate
What is the definition of the thin skull rule in damage in negligence
As long as some damage is foreseeable, will be liable for the full extent, even if it is not fully foreseen
What case would you use for thin skull rule in damage in negligence
Smith v Leech brain
What are the 2 defences you can use for negligence
Contributory negligence and consent
What type defence is contributory negligence in negligence
Partial
What is the definition of contributory negligence in negligence
The claimants own behaviour fell below the standard expected and contributed to their loss
What are the two situations in which contributory negligence can be used in negligence
Cs partly to blame for the accident or if the C made their injuries worse then they should have been
What case would you use when C is partly to blame for the accident happening in contributory negligence for negligence
Brannon v Airtours
What case would you use for C making their injuries worse then they should have been in contributory negligence in negligence
Froom and butcher
What is the definition of consent as a defence in negligence
C knows there is a risk of D acting negligently and freely consents to that risk
What case would you use for consent in negligence
Morris v Murray
What happens if consent is not freely given in negligence
The defence will fail
What case would you use for the claimant not freely giving consent in negligence
Smith v Baker
What is the most common remedy and is known as C paying money to D as compensation
Damages
What are the two types of damages in negligence
Special and general
What are special damages within negligence
Things that can be specifically calculated as they refer to expenses that occurred between the incident and judgement e.g. loss of earnings
What are general damages under negligence
Things that cannot be precisely quantified for example pain and suffering and future loss of earnings
What are the 2 categories under general damages for negligence
Pecuniary and non pecuniary losses
What are pecuniary losses in negligence
Financial losses for future things such as medical expenses and loss of earnings
What are non pecuniary losses under negligence
Losses that are not quantifiable in terms of money e.g. pain and suffering, loss of amenity and bereavement
What is bereavement under non pecuniary losses in negligence
Parents can claim for the loss of their child under 18, or a spouse for the loss of a partner
What act does bereavement fall under for non pecuniary losses in negligence
Administration of justice act 1976
How can damages be paid in negligence
Lump sum or structured payments at set intervals for a set period of time
What act would you use for structured settlements for negligence
Damages act 1996
What is meant by C is under a duty to mitigate his losses
He must keep the losses to a reasonable level where possible
