Negligence

Question 1

First stage of negligence + case

Answer 1

Duty of care
Donoghue V Stevenson; Neighbours principle
Lord Atkin said that - ‘Your neighbour is anyone closely affected by your actions or omissions’

Question 2

Second stage of negligence
What test?
6 Additonals

Answer 2

Breach of duty
Objective test - D is judged by the standards of an ordinary reasonable person in that situation with similar skill & experience - Blythe

Ordinary Person - WELL V COOPER
Expert - BOLAM / BOLITHO
No account is taken of D’s actual experience - WILSHER
D is inexperienced / learner - NETTLESHIP
Children - MULLINS
Disabled

Question 3

Risk Factors (5)

Answer 3

Only mention relevant ones.

Where the risks known about at the time of the accident? - ROE
What is the size of the risk? Small = BOLTON V STONE. High Risk = HAYLEY.
Has the claimant any special characteristics which make any potential harm suffered more serious? = PARIS
Have all precautions been taken? = LATIMER
Is there a public benefit to taking the risk? = WATT

Question 4

Damages

Answer 4

Factual causation - But for test : BARNEY
Legal causation - Remoteness : WAGON MOUND, HUGHES

Question 5

Intervening Acts

Answer 5

Must be extreme and unforeseeable to break the chain
IA of claimant = MCKEW
IA of nature = CARSLOGIE
IA of 3rd party = KNIGHTLY

Thin skull rule (if relevant) = SMITH V LEECH BRAIN

Question 6

General defences - OIR

Answer 6

VOLENTI Consent:
Complete defence if C has knowledge of the risk and consent was freely given.

CONTRIBUTORY NEGLIGENCE:
The law reform contributory negligence act 1945 FROOM V BUTCHER

Question 7

Remedies

Answer 7

Damages - Aim to put back in position before tort committed

Special - Specific values are claimed up to the date of trial. Mitigation Principle.

General - Cannot be precisely calculated up to the judge to decide.

Question 8

6 OIR Second Stage of Negligence

Answer 8

Ordinary Person - WELL V COOPER
Expert - BOLAM / BOLITHO
No account is taken of D’s actual experience - WILSHER
D is inexperienced / learner - NETTLESHIP
Children - MULLINS
Disabled

Question 9

6 OIR Second Stage of Negligence

Answer 9

Ordinary Person - WELL V COOPER
Expert - BOLAM / BOLITHO
No account is taken of D’s actual experience - WILSHER
D is inexperienced / learner - NETTLESHIP
Children - MULLINS
Disabled