Negligence Flashcards

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1
Q

What is negligence?

A

A tort where a person’s act/failure to act has caused harm to another/damage to their property

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2
Q

The D will only be liable if…

A
  • They owed the C a duty of care
  • the D breached the duty of care
  • the breach causes reasonably foreseeable injury/damage
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3
Q

What is a novel situation?

A

If there is no existing precedent to determine if the D owed a duty of care

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4
Q

What are the three parts of the Caparo test?

A
  • Reasonably foreseeable that someone in the C’s position would be injured
  • There was a sufficient proximity between parties
  • It is fair, reasonable an just to impose a duty of care
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5
Q

What is the test for foreseeability?

A

Would a reasonable person in the same position as the D have foreseen that someone in the C’s position may be injured?
(Kent v Griffiths)

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6
Q

What is the test for proximity?

A

A DOC will only occur if the relationship between the D and C is sufficiently close. Could be time, distance or relationship
(Osman v Ferguson)

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7
Q

Bourhill v Young

A

If there is no close proximity, the D will not owe a DOC

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8
Q

What is the test for fair, just and reasonable?

A

A matter of public policy, it would be unhelpful to society to impose a duty on public authorities
(Hill)

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9
Q
A
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