Negligence

Question 1

Neighbours

Answer 1

Donoghue v Stevenson - are they neighbours

Question 2

Novel case

Answer 2

Robinson - is it novel?
No - follow precedent
Yes - Use caparo
1. reasonably foreseeable (kent)
2. proximity (bourhill)
3. fair just and reasonable (hill)

Question 3

standard of care

Answer 3

reasonable man (blyth)

Question 4

Class of persons

Answer 4

Learner - qualified (nettleship)
Children- their age (mullin)
Professional - standard of professional, would majority agree (bolam)

Question 5

Risk factors

Answer 5

Size - high high haley, low low bolton
precuations - standard met latimer
Special characteristics - higher (paris)
Emergency - low (day)

Question 6

Factual cause

Answer 6

‘but for’ barnett

Question 7

Legal cause

Answer 7

break chain nature - carslogie
act of claimant mckew
act of 3rd, knightley

Question 8

remote

Answer 8

not too remote wagon mound

Question 9

type of injury

Answer 9

need to be foreseeable not extent - hughes

Question 10

thin skull

Answer 10

smith