Negligence

Question 1

Negligence- governed by

Answer 1

Common law

Question 2

DUTY OF CARE- if a novel area of the law the …………. will be used

Answer 2

Caparo test (CT)

Question 3

DUTY OF CARE - if not a novel area of the law then existing precedent will be used

Answer 3

Robinson (R)

Question 4

DUTY OF CARE (CT)- the injury/harm was foreseeable

Answer 4

Kent v Griffiths

Question 5

DUTY OF CARE (CT)- NO proximity based on relationship, distance or time

Answer 5

Bourhill v Young

Question 6

DUTY OF CARE (CT)- it would be unfair, unjust and unreasonable to place a duty of care onto a public sector organisation as it would take resources away from areas of great need

Answer 6

Hill

Question 7

DUTY OF CARE (CT)- fair, just and reasonable to impose a duty of care on a public sector organisation if they are aware that injury/harm may be caused

Answer 7

Reeves

Question 8

DUTY OF CARE (R)- driver have to drive with due care and consideration for others

Answer 8

S3 road traffic act 1988

Question 9

DUTY OF CARE (R)- diagnose and treat a medical condition

Answer 9

Bolam

Question 10

DUTY OF CARE (R)- take reasonable precautions to stop harm from occurring

Answer 10

Bolton v stone

Question 11

BREACH OF DUTY OF CARE (DOC)- fall below the reasonable person; performing the same task as the D, in the same situation and to a competent standard

Answer 11

Blyth v Birmingham waterworks

Question 12

BREACH OF DOC- if the D is a professional then the standard of care expected is higher

Answer 12

Bolam

Question 13

BREACH OF DOC- if the D is an amateur then they will be held accountable to the reasonable persons standard for an amateur (following instruction, proper health and safety, etc)

Answer 13

Wells v cooper

Question 14

BREACH OF DOC- a learner is held to the same standard as a competent/qualified person

Answer 14

Nettleship v Weston

Question 15

BREACH OF DOC- if the D is a child then the reasonable person will be the age of that child

Answer 15

Mullins v Richards

Question 16

BREACH OF DOC- if the C has special characteristics which would result in them suffering greater harm than someone without them, the D is expected to apply a higher standard of care

Answer 16

Paris

Question 17

BREACH OF DOC- if there is a low risk associated with the D conduct then a higher standard of care is not required

Answer 17

Bolton v stone

Question 18

BREACH OF DOC- if the D has taken all reasonable precautions to minimise risk then a higher standard of care is not expected

Answer 18

Latimer

Question 19

BREACH OF DOC- public policy allows a lower standard of care when there is a high risk situation which requires immediate action (life saving)

Answer 19

Watt

Question 20

Causation (factual cause)- but for test

Answer 20

Barnett

Question 21

Causation (legal test)- intervening acts that broke the chain of causation: an act of nature (1), and act of the claimant (2), a third party (3).

Answer 21

1- Carslogie
2- Mckew v Hollands
3- Knightley v Johns

Question 22

Causation (remoteness of damages)- the damages must be reasonably foreseeable ( not reasonably foreseeable)

Answer 22

Wagon mound

Question 23

Causation (remoteness of damages)- thin skull rule: the D must take the C as he find them, if the damage to the C is reasonably foreseeable but is much more serious due to a condition, the D is liable for the harm

Answer 23

Smith v leech brain and co

Question 24

Conclusion- view defences and remedies as well as past paragraphs found in books

Answer 24

^^^^^^