Negligence

Question 1

what is negligence

Answer 1

negligence is when there is a duty of care, a breach of that duty of care and the resulting damages

Question 2

what are the 3 main parts to negligence

Answer 2

• duty of care
• standard of care
• resulting damages

Question 3

what are the types of victims in negligence

Answer 3

primary and secondary victims

Question 4

what case established a duty of care and the neighbourhood principle and what happened in it.

Answer 4

Donoghue v Stevenson: a woman drank a ginger beer that contained a decomposed snail. it was original decided that the maker of the beer was not negligent as they had no duty of care to the drinker. however this case developed a duty of care for the consumer from the manufacturer.

Question 5

what test is vital to see if there is a duty of care

Answer 5

3 point caparo test

Question 6

what case established the caparo test

Answer 6

caparo v digman

Question 7

what are the 3 pointd to the caparo test

Answer 7

• foreseeability
• proximity
• fair

Question 8

what is a case example for foreseeability and what happened in it

Answer 8

Kent v Griffiths 2000: a ambulance was called for a person having an asthma attack, the ambulance took a considerably long time and the person suffered a heart attack as a result. it was found that it was foreseeable that some injury would occur due to the prolonged wait for an ambulance.

Question 9

what is a case example for proximity and what happened in it.

Answer 9

Bournhill V Young 1943: the claimant was pregnant and getting of a bus when she heard a motor accident she saw blood on the road and it caused her to suffer shock and her baby to be still born. although it was reasonable that someone would suffer injury as a result of the accident the claimant was not in immediate proximity to the accident and therefore the claim failed.

Question 10

What is a case example for fair and what happens in it

Answer 10

Alcock v chief constable police 1991: this case involves a man who was on the other side of the stadium during the halls borough disaster he watched the event and his brother in law died he suffered a nervous shock . However it was found that it wouldn’t be fair to impose a duty of care for someone on the other side of the stadium

Question 11

What is the floodgates argument

Answer 11

When there is to many claims for a specific thing so they have to stop people from claiming

Question 12

What is a case to show the standard of care

Answer 12

Blyth v water company

Question 13

What happens in Blyth v water company and what did it lead to

Answer 13

Defendant had installed wayer mains to a house the claimants house was flooded as a result of the pipe cracking in cold temperatures. Lead to reasonable man test

Question 14

What are the factors involved with deciding the standard of care

Answer 14

• size of risk
• special characteristics
• precautions taken
• social usefulness
• type of defendant

Question 15

What is a case example for the size of risk

Answer 15

Bolton V Stone : claimant was injured after a ball from a neighbouring cricket field hit her. The field was protracted by fences and a large gap. It was found the size of risk was to small for a claim

Question 16

What is a case example for the special characterises

Answer 16

Paris v Stepney 1951: the claimant had damage to one of his eyes from war and was employed in a garage. He was not supplied safety equipment and he was blinded by a piece of metal. The special characteristics was that he was already Damaged in his eye

Question 17

What is a case example for precautions taken

Answer 17

Latiner v AEC - claimant worked in a factory that had become flooded and the floor was very slippery they put signs up but during a night shift he slipped and the company was negligent as the precautions weren’t enough they shouldn’t be allowed to work when it is flooded

Question 18

What is a case example for social usefulness

Answer 18

Watts v herts : claimant worked for the fire department and was answering a call involving moving a heavy peice. The normal equipment needed was not Available so he was ordered to place it unsecured when driving he was injured . The defendant was not guilty as they needed it for an emergency

Question 19

What is a case example for the type of defendant

Answer 19

Defendant was a learner driver she was taking lessons from a friend when they crashed however the fact she was a learner driver ment she wasn’t guilty

Question 20

what is included in resulting damage?

Answer 20

causation, forseability

Question 21

what is included in causation

Answer 21

factual and legal causation

Question 22

what is included in factual causation

Answer 22

but for test

Question 23

what is the but for test and a case example

Answer 23

but for the actions of the defendant would the outcome be the same? Bonnington castings v wardlaw 1965 : claiment became seriously ill due to dusty condition in factory there was 2 types of dust and they didnt know what caused it however they were still guilty

Question 24

what is involved in legal causation.

Answer 24

legal responsibility, foreseeability, intervening acts

Question 25

what is a case example for foreseeability

Answer 25

wagon mound 1

Question 26

what are the different types of intervening acts

Answer 26

act of the victim, medical, act of a third party.

Question 27

what is a case example for a medical intervening act

Answer 27

barnett v kengsington hospital 1969: man went to hospital but was turned away, he had arsnic poinsoning and died. however he would have died even if he was medically treated

Question 28

what is a case example for an act of a third party

Answer 28

knightly v johns 1982: there was an accident near a tunnel and 2 poliuce officers arrived. howevrr one police officer forgot to block of the other way to the tunnel adn ordered the other to go down there. whe doing so he got hit by a car.